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Patently-O Bits and Bytes by Juvan Bonni

Recent Headlines in the IP World: Ian Lopez: Drug Patent Database Revamp Falls Short of Tackling High Costs (Source: Bloomberg Law) Atty. Nancy Pei: 2020 Highlights in Canadian Life Sciences IP and Regulatory Law (Source: JD Supra) Bob Yedid: Motus GI Expands Intellectual Property Portfolio with U.S. Patent for the Pure-Vu® System’s Universal Method to Mount on the End of Most Commercial Colonoscopes (Source: Yahoo Finance) David Phelan: Apple TV Could Have Brilliantly Different Remote Contr...
Tags: Apple, Law, Washington Post, Biden, Patent, Motus, Life Sciences, Mount, Hanley, Forbes Commentary, Bloomberg Law, David Phelan, Ian Lopez, Bits and Bytes, Juvan Bonni, Harrity Harrity


'Cowboys for Trump' leader detained by FBI after pledging to bring guns to DC

Otero County Commissioner Couy Griffin speaks Friday, Jan. 31, 2020, in Santa Fe, N.M., as hundreds of advocates for gun rights rallied at the New Mexico Statehouse against a proposed red-flag gun law that has the support of Democratic Gov. Michelle Lujan Grisham. AP Photo/Morgan Lee Couy Griffin, the founder of "Cowboys for Trump," was arrested Sunday in Washington, DC, after pledging to bring guns to the city on the day of President-elect Joe Biden's inauguration. Griffin, an ally of Pre...
Tags: Politics, Law, Africa, Cowboys, US, Trends, Joe Biden, Fbi, Washington Dc, House, Nancy Pelosi, New Mexico, Biden, Donald Trump, Charles Davis, Santa Fe


President Obama rightfully fired McChrystal

I have more real combat experience than any war correspondent you ever met. Officers like McChrystal do not impress me. I was happy to see my advice heeded when McChrystal when President Obama fired. Stanley McChrystal. Taliban was monkey-stomping McChrystal. Troop morale was plummeting under McChrystal. McChrystal could not even beat Burger King. McChrystal tried to get Burger King removed from Afghanistan bases and failed even at that. McChrystal also attacked me. And failed. McChry...
Tags: Featured, Obama, Afghanistan, Military, Biden, Burger King, Michael's Dispatches, Michael Yon, McChrystal, Obama Biden, America Anyone, Stanley McChrystal Taliban, McChrystal Troop, McChrystal McChrystal, Burger King McChrystal, Biden Now McChrystal


"Mr. Biden’s team has developed a raft of decrees that he can issue on his own authority after the inauguration on Wednesday..."

"... to begin reversing some of President Trump’s most hotly disputed policies. Advisers hope the flurry of action, without waiting for Congress, will establish a sense of momentum for the new president even as the Senate puts his predecessor on trial. On his first day in office alone, Mr. Biden intends a flurry of executive orders that will be partly substantive and partly symbolic. They include rescinding the travel ban on several predominantly Muslim countries, rejoining the Paris climate cha...
Tags: Law, Congress, Washington, Senate, White House, Global Warming, Joe Biden, New York Times, Paris, Muslim, Biden, South Carolina, Trump, Ron Klain, Ann Althouse, James Clyburn


We're on the verge of breakdown: a data scientist's take on Trump and Biden

Peter Turchin, an entomologist-turned-historian, offers insight into the battle between elitesPeter Turchin is not the first entomologist to cross over to human behaviour: during a lecture in 1975, famed biologist E O Wilson had a pitcher of water tipped on him for extrapolating the study of ant social structures to our own.It’s a reaction that Turchin, an expert-on-pine-beetles-turned-data-scientist and modeller, has yet to experience. But his studies at the University of Connecticut into how h...
Tags: Business, Science, Republicans, Race, Economics, Society, World news, Joe Biden, US news, Democrats, US politics, Biden, Donald Trump, Wilson, Trump, University of Connecticut


"Senate Democrats could vote to abolish the legislative filibuster, and then pass Biden’s plan on a party-line basis."

"But West Virginia senator Joe Manchin has vowed to keep the filibuster in place. In effect, this means that all regular legislation will need 60 votes to clear the Senate. The only exception to this rule are bills passed through the budget-reconciliation process, which enables legislation pertaining to the federal budget to pass the upper chamber with a simple majority.... [I]t’s hard to see how Biden could really believe there are 10 GOP votes for a $15 minimum wage, or $350 billion in fiscal ...
Tags: Law, Senate, West Virginia, Gop, Biden, Joe Manchin, Ann Althouse, Eric Levitz, Biden Co, Biden's Congress, Biden economics


Might Prez Trump announce his next round of clemency grants this weekend?

The question in this post is prompted by this Politico article headlined "Trump weighing a pardon for Steve Bannon." The start of the article suggests that some actually were expected some action on the clemency front last night: President Donald Trump is considering granting a pardon to Steve Bannon, his former White House chief strategist and top campaign aide, who was charged with swindling donors to a private crowdsourcing effort to build a wall along the U.S.-Mexico border, according to tw...
Tags: Law, Mexico, White House, Joe Biden, Biden, Donald Trump, Trump, Douglas A Berman, Prez Trump, Steve Bannon, Jenna Ryan Who Took Jet


"There was an eerie sense of inexorability, the throngs of Trump supporters advancing up the long lawn as if pulled by a current."

"Everyone seemed to understand what was about to happen. The past nine weeks had been steadily building toward this moment. On November 7th, mere hours after Biden’s win was projected, I attended a protest at the Pennsylvania state capitol, in Harrisburg. Hundreds of Trump supporters, including heavily armed militia members, vowed to revolt. When I asked a man with an assault rifle—a 'combat-skills instructor' for a militia called the Pennsylvania Three Percent—how likely he considered the prosp...
Tags: Crime, Law, America, Pennsylvania, Biden, Trump, Capitol, Ulysses S Grant, Ann Althouse, Proud Boys, Luke Mogelson, Joe Biggs, the Trump resistance, Harrisburg Hundreds of Trump, Militant pro Trump


Paid Leave is Alive. And Dead. And Coming Back to Life?

If 2020 was a year full of twists and hairpin turns, 2021 is proving to be a worthy successor — at least when it comes to paid leave. There are a lot of news articles out there but I thought a quick recap of where we are (and where we are expecting to go) would be helpful, particularly for those in the Constitution State. For employers in Connecticut, the state paid leave program is now alive and active.  That means that: 1) You should be registered with the state if you are among the covered gr...
Tags: Law, Congress, Joe Biden, Connecticut, Employer, Biden, Sick Leave, Tax Credit, Stimulus, Covered, Authority, Jeff Nowak, FMLA, Paid Leave, Human Resources (HR) Compliance, Laws and Regulations


Feds complete yet another late-night execution of convicted killer of seven from Virginia

As reported in this CNN piece, headlined "Federal government executes Corey Johnson following prolonged legal fight," the latest federal execution followed, yet again, what has become the standard litigation script with the Supreme Court ultimately rejecting all final arguments for a delay.  Here are some of the details:  Corey Johnson was executed by lethal injection at the Federal Correctional Complex in Terre Haute, Indiana, and was pronounced dead at 11:34 p.m. ET on Thursday. Johnson was s...
Tags: Supreme Court, Law, Congress, Virginia, Joe Biden, Cnn, Johnson, Biden, US District Court, Eastern District of Virginia, Terre Haute Indiana, Federal Correctional Complex, Corey Johnson, Douglas A Berman, COVID, Dustin Higgs


Biden shows no leadership... I mean... Biden tries to stay above the fray.

The NYT headline is "As Trump is impeached for a second time, Biden tries to stay above the fray."... President-elect Joseph R. Biden Jr. has maintained a studied cool, staying largely removed from the proceedings... Mr. Biden’s focus on the governing challenge ahead... it also underscores the contrast between his cautious, centrist approach to politics and the anger of many Democratic officials and voters over Mr. Trump’s assaults on democratic norms.Actually, this little article is rather crit...
Tags: Law, Party, Biden, Trump, Democratic Party, Ann Althouse, Joseph R Biden Jr, Trumpland, Impeachment, Democratic Party in Trumpland


Antitrust and Employment Law: A Match Made for…Prison?

Why do Human Resources Professionals and Employment Law Attorneys need to worry about antitrust law? I’ll confess it’s not a question that many of us thought we would need to answer. I didn’t take the class on antitrust law in law school. But over the last few years, antitrust law HAS been creeping more and more into the HR area and the latest development should provide a big flashing caution sign to all employers. First, a very brief background, in October 2016, the Department of Justice releas...
Tags: Texas, Crime, Law, HR, Conspiracy, Compensation, Antitrust, Wages, Warning, Criminal, Human Resources, Department Of Justice, Biden, Indictment, Doj, Poaching


"Some say the riots were caused by Antifa. There was absolutely no evidence of that. And conservatives should be the first to say so...."

"The President bears responsibility for Wednesday’s attack on Congress by mob rioters. He should have immediately denounced the mob when he saw what was unfolding. These facts require immediate action by President Trump, accept his share of responsibility, quell the brewing unrest and ensure President elect Biden is able to successfully begin his term. The President’s immediate action also deserves congressional action, which is why I think a fact finding commission and a censure resolution woul...
Tags: Law, Congress, House, Biden, Trump, Kevin McCarthy, Ann Althouse, Impeachment, Antifa, what Trump did to the GOP, the Trump resistance


"QAnon reshaped Trump’s party and radicalized believers. The Capitol siege may just be the start."

WaPo headline.  Subhed: "The online conspiracy theory, which depicts Trump as a messianic warrior battling ‘deep state’ Satanists, has helped fuel a real-world militant extremism that could haunt the Biden era." Oddly, that makes QAnon sound like the leader of the movement — QAnon, not Trump. But the impeachers portray Trump as leading an insurrection. Is Trump the evil mastermind, or more of a dupe, standing in the middle of things, thinking he's a fine leader and surprised by the violent t...
Tags: Facebook, Law, Congress, Washington, Biden, Conspiracies, Trump, Capitol, Sidney Powell, WaPo, Ann Althouse, Parler, Lin Wood, the Trump resistance


Justices are “in the process” of getting COVID vaccines; some have received both doses

Some Supreme Court justices, including Chief Justice John Roberts, have received both doses of the coronavirus vaccine, and the court says plans are in place for all nine justices to become fully vaccinated. Kathy Arberg, a spokesperson for the court, declined to say how many justices (or which ones) have not yet received both doses. She confirmed, however, that Roberts is among a group of “some” justices who have been given both doses of the Pfizer/BioNTech vaccine, which requires two shots adm...
Tags: Featured, Supreme Court, Law, Washington Post, Senate, Joe Biden, Cnn, House, Mitch McConnell, Nancy Pelosi, Biden, Donald Trump, John Roberts, Capitol, Roberts, Barrett


"Given the smaller number of seditious members in the Senate, McConnell’s task is far easier: Conduct a quick Senate trial; convict Trump and..."

"... ban him from future office; expel Cruz and Hawley; and then vote to censure others who tried to deny voters the president and vice president they chose. McConnell should do these things not because it is the only moral, decent course, but because he is smarter than McCarthy and knows that to do any less would starve his members of financial support and set them up for losses from pro-democracy primary challengers or Democrats. And we know one thing: McConnell is not dumb."  From "Impeachm...
Tags: Law, Senate, Joe Biden, House, Mitch McConnell, Biden, Mccarthy, Cruz, Trump, Mike Pence, McConnell, Kevin McCarthy, Rubin, Hawley, Jennifer Rubin, Ann Althouse


Justices grant FDA request to block mail delivery of abortion pills

The Supreme Court on Tuesday granted a request from the Food and Drug Administration to reinstate a federal requirement that a pill used to induce abortion in the early stages of pregnancy be picked up in person from a health care provider. A federal district judge had suspended that requirement last summer because of the COVID-19 pandemic and then left that ruling in place after the justices in October directed the FDA to return to the lower court to seek narrower relief. The Supreme Court’s ne...
Tags: Featured, Maryland, Supreme Court, Law, Court, Joe Biden, Indiana, United States, Food And Drug Administration, Nebraska, Fda, Biden, Trump, Sonia Sotomayor, John Roberts, U S District Court


President Trump travels to Texas to tour his border wall

By Priscilla Alvarez | CNN President Donald Trump bookended his administration’s focus on immigration with a trip to his signature border wall on the US-Mexico border, a visit on the heels of a deadly riot on Capitol Hill incited by the President as House Democrats prepare a second impeachment vote. On Tuesday, Trump traveled to Alamo, Texas, near the border, to mark the completion of more than 450 miles of wall — a trip that caters to the supporters who put him in office in 2016 despite heighte...
Tags: Politics, Texas, News, Mexico, White House, Environment, US, America, Sport, World news, Joe Biden, Dhs, Cnn, Soccer, Military, House


The Army and Secret Service are looking at extra security screenings for US troops who will be at Biden's inauguration

A member of the DC National Guard gives directions near a rally at Freedom Plaza Tuesday, Jan. 5, 2021, in Washington, in support of President Donald Trump. AP Photo/Jacquelyn Martin The US Army and US Secret Service are working together to determine which troops participating in President-elect Joe Biden's inauguration need additional background screening, an Army spokesperson told Insider. The move, which was first reported by Army Times, follows a request from Colorado Rep. Jason Crow, ...
Tags: Politics, Congress, Colorado, Washington, US, Trends, Department Of Defense, Joe Biden, Fbi, Military, Terrorism, Army, Secret Service, Extremism, Biden, Donald Trump


Justices issue more orders from Friday’s conference, decline to fast-track election-related cases

The Supreme Court on Monday morning issued more orders from the justices’ private conference last week. After adding 14 new cases to their docket for the term on Friday afternoon, the justices were not expected to grant review in additional cases on Monday – and they did not. Monday’s order list was nonetheless noteworthy because the justices turned down a group of requests to expedite the consideration of petitions for review in cases seeking to undo the results of the 2020 presidential electio...
Tags: Featured, Mississippi, Supreme Court, Law, Congress, Joe Biden, Pennsylvania, United States, Boston Marathon, Wisconsin, Nevada, Biden, Donald Trump, Ruth Bader Ginsburg, Dzhokhar Tsarnaev, Pittsburgh


A veteran in Congress asked the military to make sure troops deploying to Biden's inauguration are not sympathetic to domestic terrorists after Capitol siege

DC National Guard walk around the Capitol grounds, Thursday morning, Jan. 7, 2021 in Washington AP Photo/Julio Cortez Colorado Rep. Jason Crow, a former Army Ranger, asked Army Secretary Ryan McCarthy for a military review of troops participating in the inauguration to ensure they are not sympathetic to domestic terrorists. The congressman's request followed an assault on the Capitol by a pro-Trump mob that appears to have included veterans and may have also included current military perso...
Tags: Politics, Congress, Colorado, Washington, Politico, US, Trends, Department Of Defense, Joe Biden, Fbi, Military, Veterans, Washington Dc, Arizona, Army, Pentagon


A veteran in Congress asked the military to make sure troops participating in Biden's inauguration aren't sympathetic to domestic terrorists after Capitol siege

DC National Guard walk around the Capitol grounds, Thursday morning, Jan. 7, 2021 in Washington AP Photo/Julio Cortez Colorado Rep. Jason Crow, a former Army Ranger, asked Army Secretary Ryan McCarthy for a review of troops participating in the inauguration to ensure they are not sympathetic to domestic terrorists. The congressman's request followed an assault on the Capitol by a pro-Trump mob that appears to have included veterans and may have also included current military personnel. Ari...
Tags: Politics, Congress, Colorado, Washington, Politico, US, Trends, Department Of Defense, Joe Biden, Fbi, Military, Veterans, Washington Dc, Arizona, Army, Pentagon


Interesting accounting of the "Top 5 Criminal Justice Reforms Advocates Want Under Biden"

Law360 has this notable new piece under the headline "Top 5 Criminal Justice Reforms Advocates Want Under Biden." Here is the preamble to the annotated Top 5 list, as well as the list itself: Joe Biden's election as president has sparked hope among criminal justice advocates and organizations that his administration will overhaul the U.S. criminal justice system and implement reforms they have been seeking for years. Biden's campaign website promises that the Democratic president-elect will "st...
Tags: Law, Congress, America, Joe Biden, Gop, Capitol Hill, Biden, Justice Department, Prez, Douglas A Berman, Kara Gotsch, Biden Administration, Biden Sanders Unity Task Force


At the Radiator Houseplant Café...

  ... you can talk all night. But do try to talk about something other than the Trump resistance and the plan to spoil Biden's honeymoon with a big old impeachment trial. Surely, there are other topics! Did you leave the house today? What's something you've been cooking that's easy to cook? When's the last time you wept? Look at for the first time. When's the last time you did something for the first time?  [Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Plants, Biden, Trump, Ann Althouse


"Some of you will understand why. Some will not. I am sorry, but standing up for election integrity and our right to vote in fair elections is too important for me to not be there."

Said Jeff Taff, a high school social studies teacher, quoted in "Burlington teacher suspended after allegedly directing students to watch video questioning election results" (Wisconsin State Journal).He told students he would be gone from school Tuesday through Thursday and planned to return Friday. In the online lesson plan, he directed students to review materials that included a video discussing debunked claims calling into question President-elect Biden’s victory in the Nov. 3 election over...
Tags: Education, Law, Washington, Wisconsin, Biden, Donald Trump, Black Lives Matter, Law School, Trump, Burlington, Statz, Taff, Ann Althouse, Melissa Statz, the Trump resistance, Jeff Taff


"What was already shaping up as a volatile final stretch to the Trump presidency took on an air of national emergency as the White House emptied out and some Republicans joined Speaker Nancy Pelosi..."

"... and a cascade of Democrats calling for Mr. Trump to be removed from office without waiting the 13 days until the inauguration of President-elect Joseph R. Biden Jr. The prospect of actually short-circuiting Mr. Trump’s tenure in its last days appeared remote. Vice President Mike Pence privately ruled out invoking the disability clause of the 25th Amendment to sideline the president, as many had urged that he and the cabinet do, according to officials. Democrats suggested they could move q...
Tags: Law, White House, Massachusetts, Cnn, House, Nancy Pelosi, Biden, Trump, Sanders, Mike Pence, Joseph R Biden, Katherine Clark, Ann Althouse, Democratic Party in Trumpland, Trump's impeachment


Biden won the election because people wanted calm, moderation, and normality.

But it's not enough that he may be a calm, moderate, normal person. He must lead. Where is he now? Can he show his supporters how to gracefully accede to power? Can he unite us? I want an aura of beneficence, dignity, and inclusion!  5 days ago I noted the promise he made: Here’s my promise to you: I’ll be a president for all Americans. Whether you voted for me or not, I’ll wake up every single morning and work to make your life better.— Joe Biden (@JoeBiden) January 3, 2021 Commenters moc...
Tags: Law, Joe Biden, Biden, Normal, Ann Althouse, I'm for Boring, Biden's promise


Gearing up for Prez Trump's coming final round of clemency grants

Prez Trump's ignominious behavior raises uncertainty as to whether he will serve out the last two weeks of his term.  But we can all be certain that Prez Trump is planning to issue more clemency grants before he loses the power to do so.  As everyone surely recalls, just before Christmas, Prez Trump granted clemency to all sorts of friends and family and politically-charged defendants (basics here and here).  And recent press reports detail other grants that could be forthcoming.  First, this ne...
Tags: Law, White House, Bloomberg, New York Times, Fox News, Lil Wayne, Biden, Donald Trump, Baltimore Ravens, Trump, Kodak Black, Westchester County, New York Trump, Jeanine Pirro, Lamar Jackson, Pirro


"One administration official described Trump’s behavior Wednesday as that of 'a total monster,' while another said the situation was 'insane' and 'beyond the pale.'"

"Fearful that Trump could take actions resulting in further violence and death if he remains in office even for a few days, senior administration officials were discussing Wednesday night whether the Cabinet might invoke the 25th Amendment of the U.S. Constitution to force him out, said a person involved in the conversations.... Aides mortified by their boss’s conduct said they were weighing whether to resign or to stay in office to help ensure the transition to the Biden administration.... Cons...
Tags: Law, Congress, White House, Biden, Cabinet, Trump, Capitol, Mark Meadows, Ann Althouse, Trump 2020, the Trump resistance



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