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Patent Eligibility: No Patenting a Correlation

by Dennis Crouch iLife Technologies, Inc. v. Nintendo of America, Inc., No. 20-1760 (Supreme Court 2021) [Petition] iLife’s recent petition for writ of certiorari matches those found in American Axle’s pending petition: What is the appropriate standard for determining whether a patent claim is  directed to” a patent-ineligible concept under step 1 of the Court’s two-step framework for determining whether an invention is eligible for patenting under 35 U.S.C. § 101? Is patent eligibility (at eac...
Tags: Law, Court, Nintendo, Patent, Trump, SG, Federal Circuit, IPR, Dennis Crouch, PTAB, Nintendo of America Inc, Prometheus Labs Inc, iLife Technologies Inc, Mayo Collaborative Servs, Am Axle the Supreme Court, U S Government Solicitor General

Justices dismiss challenge to “remain in Mexico” policy

On a day on which the court issued major rulings on college sports and securities law, the order list from the justices’ private conference last week made less of a splash on Monday morning. The court did not add any new cases to its docket for the fall, but it did ask the federal government to weigh in on a state supreme court’s interpretation of a federal regulation – a move that could put a potential successor to Justice Stephen Breyer in the spotlight. And in a separate order issued later o...
Tags: Texas, Supreme Court, Law, Mexico, Joe Biden, Homeland Security, Biden, California Supreme Court, Leondra Kruger, Department Of Homeland Security, Trump, Reilly, Howe, Stephen Breyer, U S Department of Housing and Urban Development, Alejandro Mayorkas

EPA and Army Announce Intent to Revise “Water of the United States” Rule

Last week the Environmental Protect Agency and Department of the Army announced the agencies’ intent to initiate new rulemaking that restores the Obama era waters of the United States rule that was in place pre-2015, and before the current Trump era rule. This proposed rule will impact large swaths of America not only those directing the course of a ship (as its name implies), but will restrict farming, real estate development, road building and other large areas of economic activity across the ...
Tags: Law, Obama, Congress, Colorado, White House, US, America, Environmental, United States, Army, Epa, Trump, Clean Water Act, Federal, Stuart Kaplow, Cuyahoga River

Fulton quiets Tandon’s thunder: A free exercise puzzle

This article is the first entry in a symposium on the court’s decision in Fulton v. City of Philadelphia. Jim Oleske is a professor of law at Lewis & Clark Law School. His research focuses on the intersection of religious liberty and other constitutional values. Ten weeks ago, acting on an emergency application for injunctive relief in the COVID-19 case of Tandon v. Newsom, the Supreme Court issued an unsigned opinion that appeared to resolve one of the two major free exercise issues previously...
Tags: Featured, Law, Court, Philadelphia, Smith, Rube Goldberg, Trump, Thomas, Fulton, Alito, Barrett, U S Court of Appeals, Stephen Breyer, Clarence Thomas, Tandon, Kavanaugh

"If you ask me what kind of a person and interlocutor President Biden is, I can say that he is a constructive person, well-balanced and experienced seasoned politician..."

"... and I expected that. He recalled his family and conversations he had with his mother. Well, these things don’t have directly something to do with our business, but nonetheless, it shows his qualities and his moral values. It is all appealing, and I believe that we spoke the same language. It doesn’t necessarily mean that we need to look into the eyes and see the soul, and to pledge eternal love. We defend the national interests of our countries. And these relationships are always based on p...
Tags: Eyes, Law, Putin, Vladimir Putin, Biden, Wall Street Journal, Trump, Simmons, Ann Althouse, Ann Simmons

Remember when making Juneteenth a national holiday was a Donald Trump campaign promise?

From September 25, 2020: "President Donald Trump made a series of promises at a campaign event in Atlanta on Friday in a bid to woo Black voters, including establishing Juneteenth, which commemorates the end of U.S. slavery, as a federal holiday" (Reuters).Of course, it was just "a bid to woo Black voters" when Trump promised to do it, but now that the members of Congress and the new President have actually made Juneteenth a national holiday, is anyone minimizing the achievement as pandering to ...
Tags: Law, Congress, Washington Post, Atlanta, Fox News, District Of Columbia, Donald Trump, Black, Trump, Robinson, Abraham Lincoln, Eugene Robinson, Ann Althouse, Racial Politics, Juneteenth, Trump 2020

Court again leaves Affordable Care Act in place

This article was updated on June 17 at 5:16 p.m. In a much-anticipated decision, the Supreme Court on Thursday rejected another effort to dismantle the Affordable Care Act, the health care reform law often regarded as the signature legislative achievement of former President Barack Obama. The justices did not reach the main issue in the case: whether the entirety of the ACA was rendered unconstitutional when Congress eliminated the penalty for failing to obtain health insurance. Instead, by a v...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Court, Barack Obama, House Of Representatives, Biden, Ruth Bader Ginsburg, ACA, Medicaid, King, Irs, Trump

"When President Biden, standing at NATO headquarters on Monday, referred to President Vladimir V. Putin as 'a worthy adversary,' ears perked up in Moscow...."

"'Putin’s goal is to transition to a respectful adversarial relationship from the disrespectful one we have today,' said Vladimir Frolov, a Russian foreign affairs columnist. 'That seems to be in line with Biden’s objectives for a "predictable and stable relationship."'...  In his interview with NBC taped last week, Mr. Putin praised Mr. Biden as a 'professional' who had spent 'just about all his conscious life in politics.'"From (NYT).Praised? I don't think that was praise!  One day Biden cal...
Tags: Hollywood, Nbc, Law, Putin, White House, Russia, US, America, Fbi, Nato, Moscow, Geneva, Biden, Donald Trump, Helsinki, Trump

Justice Department files SCOTUS brief seeking to restore death sentence for Boston Marathon bomber Dzhokhar Tsarnaev

As repoted in this Hill piece, the "Biden administration on Monday urged the Supreme Court to reinstate the death penalty against the Boston Marathon bomber in an apparent break with the president's stated opposition to capital punishment."  Here are the details (with a link to the filing): In a 48-page brief, the Department of Justice (DOJ) asked the justices to reverse a Boston-based federal appeals court that vacated the death sentence for Dzhokhar Tsarnaev, the lone surviving perpetrator of...
Tags: Supreme Court, Law, White House, Boston, Boston Marathon, Biden, Doj, Justice Department, Dzhokhar Tsarnaev, Trump, First Circuit, Hill, U S Court of Appeals, Tsarnaev, The Hill, AG Barr

"The assumption that Harris is a bad politician is largely based on her 2020 Democratic primary run. It’s true that Harris wasn’t the greatest candidate."

"That said, Harris, like Sens. Kirsten Gillibrand (N.Y.), Amy Klobuchar (Minn.) and Warren, never really had a chance to win. After the shock of Hillary Clinton’s loss, Democratic voters were committed to running a man against Trump. And there was really never a chance that Democrats were going to nominate a Black woman. But many Democrats were also never going to say any of that directly, forcing them to look for ways to ding Harris and the other female candidates — 'bad campaigns!' — to avoid ...
Tags: Law, Hillary Clinton, Warren, Kamala Harris, Trump, HARRIS, Sens Kirsten Gillibrand, Ann Althouse, 2020 Campaign, Amy Klobuchar Minn, Perry Bacon Jr WaPo

Joe Biden to use Nato summit to atone for damage of Trump years

Omens are favourable, but experts warn previous four years will have lasting consequencesThree years ago it was Donald Trump who stunned Nato members at a summit in Brussels, warning that he may be prepared to pull the US out of the western military alliance if its other members did not increase their defence spending.At a summit in the same city on Monday, it falls to Joe Biden to repair the damage from four years of his predecessor’s freewheeling theatrics, although experts caution that the Tr...
Tags: Politics, US, World news, Joe Biden, US foreign policy, US news, Military, US politics, Foreign Policy, Defence policy, Nato, US military, Brussels, Donald Trump, Trump, Trump Administration

Putin sloughs off the accusation that he's "a killer" and diminishes Biden "a career man" who has spent "virtually his entire adulthood in politics."

 NBC News' Keir Simmons blurts out: "Mr. President, are you a killer?" Putin's answer is the opposite of blurted:"Over my tenure, I've gotten used to attacks from all kinds of angles and from all kinds of areas under all kinds of pretext, and reasons and of different caliber and fierceness and none of it surprises me," Putin said. He went on to call the "killer" designation something "macho" or "Hollywood" only normal in U.S. culture, and not in Russian politics. "I'm always guided by the in...
Tags: Hollywood, Nbc, Law, Putin, Vladimir Putin, Nbc News, Propaganda, Biden, Trump, Simmons, Mikhail Lesin, Masculinity, Ann Althouse, Mr Trump, Trump and foreign policy, Keir Simmons

Michael Cohen says DOJ acted like 'mafia' under the 'corrupt arm of the Trump administration' after the revelation it secretly obtained data from Democratic lawmakers

Michael Cohen pauses while speaking with members of the media after leaving the Manhattan district attorney’s office on March 19, 2021 in New York City. Michael M. Santiago/Getty Images Michael Cohen told Insider the Justice Department was corrupted by former President Donald Trump. The ex-president's former personal attorney was reacting to news the department spied on lawmakers. The department had subpoenaed Apple for data on Reps. Adam Schiff and Eric Swalwell, among others. See mor...
Tags: Apple, Politics, Law, Russia, Trends, Surveillance, New York Times, Manhattan, Department Of Justice, Donald Trump, Doj, Charles Davis, Justice Department, Trump, Democratic, Cohen

Morning Docket: 06.11.21

* A lawsuit claims that a Minnesota law firm fired pro-Trump employees. Maybe the litigation is going to be "yuge"... [New York Post] * A New York disbarred lawyer allegedly helped an ex-con swindle friends our of half a million dollars. [New York Daily News] * Counsel for Derek Chauvin is seeking to probe alleged bias on the part of the jury that convicted Chauvin in the killing of George Floyd earlier this year. [AP] * Jeffrey Toobin has returned to CNN after he took time off following a...
Tags: New York Post, New York, Minnesota, Law, Cnn, Usa Today, Donald Trump, New York Daily News, Trump, Jeffrey Toobin, Morning Docket, Chauvin, Michael Avenatti, Stormy Daniel, Avenatti, George Floyd

"The IG's conclusion could not be clearer: the media narrative was false from start to finish... "

"'[T]he evidence did not support a finding that the [U.S. Park Police] cleared the park on June 1, 2020, so that then President Trump could enter the park.' Instead... 'the evidence we reviewed showed that the USPP cleared the park to allow a contractor to safely install anti-scale fencing in response to destruction of Federal property and injury to officers that occurred on May 30 and May 31.' Crucially, 'the evidence established that relevant USPP officials had made those decisions and had beg...
Tags: Law, White House, Park, Glenn Greenwald, Propaganda, Trump, Lafayette Park, U S Park Police, Ann Althouse, Trump and the press, USPP

"New York Times editorial board member Mara Gay's comments on MSNBC have been irresponsibly taken out of context."

"Her argument was that Trump and many of his supporters have politicized the American flag. The attacks on her today are ill-informed and grounded in bad-faith."Tweets NYTimes Communications/@NYTimesPR.That's about the controversy we were talking about yesterday, here. I said: "I think this is an honest revelation: American flags really do disturb Mara Gay." And: "This is a pretty standard aversion to the flag. It made me think of Katha Pollitt's famous reaction to flag displays after the 9/11 a...
Tags: Law, Bob Dylan, New York Times, Kerry, Msnbc, Madison, Flags, Trump, Hypocrisy, Meade, Katha Pollitt, Ann Althouse, Mara Gay, Phallic Symbols

Jen Psaki says "we created this problem" — the problem on the southern border.

This is a strange little gaffe — or slipping out of the truth — from yesterday's White House Press Conference. You can hear it in the clip... ... and see it in the transcript:  Speaker 6: And I just had another on the vice-president visiting the border or not visiting the border. Republicans and Conservatives are going crazy on Twitter, sending pictures... sending video of her interview with Lester Holt saying I’ve not been to Europe either. Does the president think there is a scenario in whi...
Tags: Europe, Law, White House, Biden, Kamala Harris, Trump, Peter, Lester Holt, Jen Psaki, Psaki, Ann Althouse, Biden And Immigration

"I seem to be the only person who recalls that ranked choice was on the ballot at one point, and I voted against it. I am really opposed to this idea."

"I’m going to vote for one person in each office.... Truthfully, in my lifetime, I’ve only liked two mayors: I liked Lindsay, and I liked Dinkins. Even Dinkins was far away. Lindsay, no one even knows — some kid asked me this and then she looked up Lindsay. She said, 'How could you have liked him? He’s a Republican.' Today, he’d practically be a socialist. To me, Andrew Yang is a kind of a Trump figure. I’m not saying he’s bad in that way, morally bad. But it’s ridiculous: The reason he was lea...
Tags: Voting, Law, NYC, New York City, Chelsea Manning, Trump, Yang, Lindsay, Ann Althouse, Fran Lebowitz, Andrew Yang, Lindsay She, Dinkins Even Dinkins, NY Magazine Notice

Morning Docket: 06.08.21

* R. Kelly's attorneys are requesting to withdraw as his counsel and say it is "impossible" to properly represent him. Bet the lawyers hope they aren't "trapped" in the courtroom... [Fox News] * A prominent West Virginia attorney passed away this week following a car crash. [Metro News] * The Department of Justice says it will defend former president Trump in a private defamation lawsuit. [Forbes] * Stormy Daniels says her attorneys are cooperating with investigators looking into the operat...
Tags: Florida, Law, West Virginia, Fox News, Department Of Justice, R. Kelly, Trump, Kelly, Hill, Stormy Daniels, Boca Raton, Trump Organization, Metro News, Morning Docket, President Trump, Boca News Now

"At one of their debates, Mr. Biden accused Mr. Trump of treating the Justice Department like his 'own law firm' in the suit, filed against him by the writer E. Jean Carroll."

"'What’s that all about?' he sarcastically asked. But on Monday night, nearly eight months after Mr. Biden’s attack, his own Justice Department essentially adopted Mr. Trump’s position, arguing that he could not be sued for defamation because he had made the supposedly offending statements as part of his official duties as president. In a brief filed with a federal appeals court in New York... the Biden administration’s Justice Department, now led by Attorney General Merrick B. Garland... said...
Tags: New York, Law, White House, Joe Biden, Department Of Justice, Biden, Donald Trump, Justice Department, Defamation, Carroll, Trump, Oval Office, Ann Althouse, Mr Trump, Merrick B Garland, Trump the ex-President

By ‘Admitted’ We Meant You Were… — See Also

Due To Our Policy Of Overselling Flights: Overenrollment is going to be a big deal for law schools this cycle. Rock You Like A Hurricane: The University of Miami School of Law is... in a bit of a crisis. Process Is A Dish Best Served Cold: Mo Brooks spent the week bragging about how easy it would be to serve him. Then he got served. Then he started whining. Set An Open Course For The Virgin Sea: Lawyers getting yacht trips for referrals. Sounds... like a settlement. Put Mulder And Scully On ...
Tags: Law, Fbi, Trump, Scully, Mo Brooks, University of Miami School of Law, See Also, Virgin Sea

On Trump’s Indictment: An Open Letter To The FBI

Prosecutors, the courts, and all things remotely related to the judicial system are about to come under siege.
Tags: Law, Government, Fbi, Donald Trump, Trump, Mark Herrmann

GOP Rep. Mo Brooks served with lawsuit over his role in Jan. 6 sacking of U.S. capitol

House Representative Mo Brooks (R-Al.) was finally served this weekend with a lawsuit, filed by one of his Democratic colleagues, claiming that he took an active role in facilitating the Jan. 6 sacking of the U.S. Capitol by Trump supporters. Brooks' efforts to avoid being handed the lawsuit had already became comical, and ended in farce Sunday with a Twitter rant about plaintiff Eric Swalwell (D-Ca.) — Read the rest
Tags: Post, News, Law, Gop, House, Lawsuits, Trump, Brooks, Mo Brooks R AL, U S Capitol, Mo Brooks, Eric Swalwell, Capitol Riot

"This more than 800-page bill has garnered zero Republican support. Why?"

"Are the very Republican senators who voted to impeach Trump because of actions that led to an attack on our democracy unwilling to support actions to strengthen our democracy? Are these same senators, whom many in my party applauded for their courage, now threats to the very democracy we seek to protect? The truth, I would argue, is that voting and election reform that is done in a partisan manner will all but ensure partisan divisions continue to deepen. With that in mind, some Democrats hav...
Tags: Voting, Law, Senate, America, Trump, Joe Manchin, Ann Althouse, Partisanship, Filibuster, Garner (the Word

"Our freedom is being overtaken by left wing cancel culture, and the Biden administration is pushing toxic critical race theory and illegal discrimination into our children’s schools."

"Now you tell me, we take this? Joe Biden and the Socialist Democrats are the most radical left-wing administration in history. Even Bernie Sanders can’t believe it. He said, I can’t believe this happened. This is worse than I ever was. I don’t know if they even know what the hell they’re signing. Somebody is drawing these documents and putting it, and it’s getting signed. It’s a disgrace what’s happening to our country. The survival of America depends upon our ability to elect Republicans at ev...
Tags: Law, White House, China, America, Joe Biden, Furniture, Biden, North Carolina, Donald Trump, Bernie Sanders, Zuckerberg, Trump, Ann Althouse, Trump rhetoric, 2022 Elections, Rev Trump

Accused Capitol rioter who yelled at police for 'protecting pedophiles' served jail time for statutory rape of a 14-year-old girl, report says

Sean McHugh, right, is pictured with a megaphone at the Capitol riot on January 6, 2021. United States District Court for the District of Columbia During the Capitol riot, Sean McHugh used a megaphone to accuse police officers of "protecting pedophiles." McHugh served jailed time for the statutory rape of a 14-year-old girl in 2010, CNN reported. He is charged with eight federal crimes relating to the deadly insurrection. See more stories on Insider's business page. A man accused of st...
Tags: Politics, News, Law, California, Trends, Cnn, News UK, Trump, Pedophiles, Capitol, Mchugh, Metropolitan Police Department, UK Weekend, Biden DOJ, Joshua Zitser, Insurrectionists

Pentagon will not allow Pride flags to fly on bases

By Idrees Ali | Reuters WASHINGTON – The Pentagon said on Friday that it would not make an exception to allow U.S. military installations to fly rainbow Pride flags in June, keeping a policy set by former President Donald Trump that limited the type of flags that could be flown on bases. Earlier this week, President Joe Biden said that nearly 1,500 of his federal agency appointees identify as lesbian, gay, bisexual, transgender and queer, in a proclamation marking the start of Pride Month celebr...
Tags: Politics, News, Australia, Washington, India, Defense, Sport, Joe Biden, Soccer, Military, Pentagon, Lgbtq, Biden, Donald Trump, Trump, Reuters

Florida Hits a New Censorial Low in Internet Regulation (Comments on SB 7072)

This blog post reviews Florida’s Transparency in Technology Act, SB 7072. Like other recent efforts to censor the Internet (such as Trump’s anti-230 EO), this law is performative garbage. It was never a serious attempt at crafting good policy. Florida enacted it anyway. Now, given , we’ll find out what happens when the barking dog catches the car it’s been chasing. [backstory on this image] What the Bill Does The bill has four primary sections: Section 1 contains legislative “findings” (mos...
Tags: Facebook, Florida, Supreme Court, Law, Wikipedia, America, Search Engines, Aclu, Reno, Social Media Platforms, Trump, State, Miami Herald, CSAM, CCIA, Content Regulation

In 6-3 opinion for (police officer) defendant, SCOTUS limits reach of federal Computer Fraud and Abuse Act

The Supreme Court issued one opinion this morning, and it is an interesting criminal law decision with an interesting divide of Justices limiting the reach of a notable federal criminal statute.  The majority opinion in Van Buren v. US, No. 19–783 (S. Ct. June 3, 2021) (available here), is authored by Justice Barrett and it starts and ends this way:   Nathan Van Buren, a former police sergeant, ran a license-plate search in a law enforcement computer database in exchange for money.  Van Buren’s...
Tags: Supreme Court, Law, US, Trump, Thomas, Van Buren, Alito, Barrett, Eleventh Circuit, CFAA, Douglas A Berman, Tanvir, Tanzin, Nathan Van Buren

Fascism Unsheathed: Let's be very clear about what just happened at the #txlege

For many years, your correspondent has sought to work in a bipartisan fashion at the Texas Legislature on criminal-justice reform, and I've taken a lot of crap from folks on the left for working closely with Republicans who are sometimes, shall we say, less than ardently committed to the project.  Beyond the simple math of needing Republican votes in a red state to pass bills, my response has been that more moderate, pro-social elements in the GOP needed to be affirmed and bolstered. The GOP b...
Tags: Texas, Law, Gop, Stephen A Smith, Fort Worth, Weimar Republic, Abbott, Trump, Greg Abbott, Dan Patrick, Texas Legislature, Texas House, Joan Huffman, Gritsforbreakfast, Texas Commission on Law Enforcement

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