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United States: District Court: Prosecution History Context Defeats Written Description Requirement - Akin Gump Strauss Hauer & Feld LLP

The District Court for the Northern District of West Virginia recently found method of treatment claims directed to treating a specific disease at a specific dose invalid for lack of written...
Tags: News, United States, District Court, Northern District of West Virginia, Gump Strauss Hauer, Feld LLP


The Nigerian Email Scammer Who Stole Millions From Premier League Club, NY Law Firm, Banks

Ramon Olorunwa Abbas, who went by the name Ray Hushpuppi, made no secret of his extraordinary wealth. On an Instagram account with 2.3 million followers, he posted photos of himself dripping in high-end watches, wearing robes with his name emblazoned on the back, and driving a $300,000 Mercedes or a white Rolls Royce Cullinan with the hashtag AllMine.He took private jets to Paris, shopped at Gucci and Louis Vuitton, and indulged in cakes depicting himself surrounded by Fendi bags. His address wa...
Tags: New York, News, Los Angeles, Fbi, Chicago, Paris, United Arab Emirates, Dubai, Secret Service, Gucci, Louis Vuitton, English Premier League, Abbas, Citizens Bank, District Court, Chase Bank


In this Case, Persuasive Authority Must be Considered

by Dennis Crouch In law school, we talk about decisions that are binding as precedent and others that are not binding but that may be considered as persuasive authority.  There is very little precedent on when persuasive authority must be considered, and usually we say something flippant about ignoring the other decisions.  The case below is one that comes out the other way — the court abused its discretion by failing to consider persuasive authority.  Electronic Communication Techs., LLC v. S...
Tags: Florida, Supreme Court, Law, California, Patent, Fed, District Court, Fla, Federal Circuit, McKinley, ECT, Dennis Crouch, Techs LLC, Shopperschoice, Electronic Communication Techs LLC, ShoppersChoice Com LLC Fed


Opinion analysis: With Roberts providing the fifth vote, court strikes down Louisiana abortion law (Updated)

Four years ago, by a vote of 5-3, the Supreme Court struck down a Texas law that (among other things) required doctors who perform abortions to have the right to admit patients at a nearby hospital. In that case, Justice Anthony Kennedy joined his four more liberal colleagues in holding that, although Texas has a genuine interest in protecting the health of pregnant women, there was no evidence that the law actually did anything to promote that interest – but it did make it more difficult for wo...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, New Orleans, Louisiana, Kennedy, Thomas, John Roberts, Roberts, Baton Rouge, District Court, Alito, U S Court of Appeals


Appeals Court Orders Judge To Dismiss Flynn’s Case

The U.S. Court of Appeals for the D.C. Circuit ordered Wednesday that U.S. District Judge Emmet Sullivan dismiss Michael Flynn’s case. The majority opinion was written by Judge Neomi Rao, an appointee of President Trump. Judge Robert Wilkins, an Obama appointee and the only Democratic-appointed judge on the three judge appellate panel, dissented. Flynn had asked the appeals court to intervene when, instead of immediately granting the Justice Department’s request to drop the case, Sullivan app...
Tags: News, Obama, Court, Justice Department, Appeals Court, Executive Branch, Tierney Sneed, Flynn, D C Circuit, District Court, Wilkins, Sullivan, U S Court of Appeals, Wilkens, Rao, Michael Flynn


President Trump Loves Section 230 for Himself, Just Not for Anyone Else (Guest Blog Post)

by guest blogger Jess Miers [Eric’s introduction: this is the second of a two-part series from Jess Miers, a 3L at SCU and my RA, providing historical context on Trump’s anti-social media statements, including the anti-Section 230 Executive Order from last month. See the first part.] Trump depends heavily on Twitter, and Twitter depends heavily on Section 230. Yet, Trump routinely and ironically disparages Section 230 on his Twitter account (as seen here , here , and, bizarrely, as 230 d...
Tags: Twitter, Law, Congress, Russia, Dnc, United States, Watson, Wikileaks, Barry, Russian Federation, Zuckerberg, Trump, John Barry, Eric, Donald Trump Trump, Donald J Trump


When does a PTO Cancellation undermine a District Court Judgment of Infringement?

PhaZZer v. Taser (Supreme Court 2020)  [Petition for writ of certiorari] PhaZZer defaulted in the litigation and the district court awarded $7.8 million to Taser. On appeal, the Federal Circuit quickly issued a R.36 no-opinion affirmance in 2019.  Then, in February 2020 the USPTO finally cancelled the claims of the asserted patent (via reexamination). US7234262. Because of the bankruptcy stay, PhaZZer apparently had time to wait for the USPTO reexamination decision, although that case has no...
Tags: Supreme Court, Law, Uspto, Taser, Patent, The Supreme Court, District Court, PTO, US Court of Appeals for the Federal Circuit, Federal Circuit, Petitioner, Chrimar, PhaZZer, Taser Supreme Court


SCOTUS stays Texas execution based seemingly on clergy claim

As reported in this AP article, the "Supreme Court granted a reprieve Tuesday to a Texas inmate scheduled to die for fatally stabbing an 85-year-old woman more than two decades ago, continuing a more than four-month delay of executions in the nation’s busiest death penalty state during the coronavirus pandemic." Here are the details: The justices blocked Ruben Gutierrez’s execution about an hour before he could have been executed. Gutierrez’s attorneys had argued his religious rights are being ...
Tags: Texas, Supreme Court, Law, Court, Ap, Missouri, Buddhist, Murphy, Gutierrez, District Court, Alito, Patrick Murphy, Texas Department of Criminal Justice, Douglas A Berman, Ruben Gutierrez, Shawn Nolan


Supreme Court stays Texas execution scheduled for Tuesday

Ruben Gutierrez, 43, had been set to die at 6 p.m. CDT (7 p.m. EDT) at the Texas State Penitentiary in Huntsville for the 1998 murder of an elderly mobile-home park owner during a robbery. The Supreme Court granted an emergency petition by lawyers for Gutierrez for a stay of execution over a new Texas Department of Criminal Justice policy banning chaplains and other religious advisers in the death chamber. "The District Court should promptly determine, based on whatever evidence the parties pr...
Tags: Texas, News, Supreme Court, Gutierrez, District Court, Huntsville, Texas State Penitentiary, Texas Department of Criminal Justice, Ruben Gutierrez


Someone found the $1 million treasure chest in the Rocky Mountains

A decade ago, Santa Fe author and antiques dealer Forrest Fenn, 89, hid a treasure chest containing $1 million in gold, diamonds, rubies, and emeralds somewhere in the Rocky Mountains. A poem in Fenn's memoir, titled "The Thrill of the Chase," contained clues to the treasure's location and he hoped hunting for it would inspire families to enjoy nature and the adventure. (For more, watch the 2016 video above.) Now, Fenn reports that someone from "back East" found the treasure but does not want ...
Tags: Video, News, Chicago, Santa Fe, Rocky Mountains, District Court, Forrest Fenn, Fenn, Treasures, Finders Keepers, Barbara Andersen, Buried Treasures, Treasure Hunts, Seth Wallack Forrest Fenn


Justice Sotomayor stays federal judicial orders to transfer vulnerable Elkton prisoners pending Sixth Circuit appeal

As noted in this post, last week the full Supreme Court denied, by a 6-3 vote, a request by the federal government to stay a federal district court order to release or transfer vulnerable inmates from the Elkton federal prison.  But this ruling was, in essence, based on a technicality, and today Justice Sotomayor via this order granted the stay the feds were seeking: IT IS ORDERED that the District Court’s April 22 and May 19 orders are hereby stayed pending disposition of the Government’s appea...
Tags: Sixth Circuit, Supreme Court, Law, Court, District Court, Sotomayor, Elkton, United States Court of Appeals, Douglas A Berman


Interisland travel quarantine to end June 16, Ige reports on Trump telephone call, Say leaving Legislature to run for Honolulu City Council, more news from all the Hawaiian Islands

Gov. Ige holds press conference at Honolulu airport. Gov. David Ige to lift 14-day interisland travel quarantine on June 16. Gov. David Ige is lifting the 14-day interisland travel quarantine for Hawaii residents on June 16 to allow families to “reconnect with one another” and restore the local economy amid the coronavirus pandemic. Star-Advertiser.Hawaii Will End Interisland Travel Quarantine June 16. Gov. David Ige described the move as the first, incremental step to reopening Hawaii t...
Tags: Travel, Hawaii, Donald Trump, Hawaii Island, Hawaiian Airlines, Maui, Trump, Hunter, Honolulu, Department of Human Services, Daniel, Legislature, West Hawaii, Oahu, District Court, Department of Agriculture


SCOTUS, voting 7-2, limits reach of AEDPA's limit on second habeas petitions in Bannister v. Davis

The Supreme Court handed down a number of opinions this morning, and habeas/criminal procedure fans — or civil procedure fans since habeas actions are technically civil actions — will be excited to see one of the group is Bannister v. Davis, No. 18–6943 (S. Ct. June 1, 2020) (available here).  The opinion in Bannister is a notable procedural win for habeas petitioners, and I am intrigued and a bit surprised the ruling came down 7-2 given how long the opinions took to be issued (the case had been...
Tags: Supreme Court, Law, Court, Davis, Thomas, Bannister, Crosby, Court of Appeals, District Court, Fifth Circuit, Alito, Gonzalez, Kagan, Banister, Douglas A Berman


Court rejects – at least for now – government’s request to block Ohio prisoner release plan

Today the Supreme Court denied a request by the federal government to put a temporary hold on an order by a federal court that could lead to the release or transfer of over 800 inmates from a federal prison where nine inmates have died from COVID-19. The inmates’ victory, however, appeared to be mostly procedural and likely fleeting: The court explained that the government had not asked them to block the district court’s most recent order, and it indicated that the government could return to the...
Tags: Featured, Supreme Court, Law, Ohio, Howe, District Court, U S Court of Appeals, Elkton, Bureau of Prisons, Elkton Ohio, Noel Francisco, 6th Circuit, Neil Gorsuch, Clarence Thomas Samuel Alito, Emergency appeals and applications, COVID


SCOTUS, by 6-3 vote, refuses to stay original federal judicial order to transfer vulnerable prisoners "out of Elkton through any means"

As reported here by Amy Howe at SCOTUSblog, this afternoon "the Supreme Court denied a request by the federal government to put a temporary hold on an order by a federal government that could lead to the release or transfer of over 800 inmates from a federal prison where nine inmates have died from COVID-19."  But, as she further explains: The inmates’ victory, however, appeared to be mostly procedural and likely fleeting: The court explained that the government had not asked them to block the ...
Tags: Sixth Circuit, Supreme Court, Law, District Court, U S Court of Appeals, Elkton, Amy Howe, Bureau of Prisons, Douglas A Berman, Elkton Ohio, Noel Francisco, 6th Circuit, Neil Gorsuch, Clarence Thomas Samuel Alito, COVID


Netanyahu defiant as he arrives for start of trial

Israeli Prime Minister Benjamin Netanyahu arrived in Jerusalem's District Court on Sunday, denouncing the charges against him as his trial on corruption charges got underway.
Tags: News, Jerusalem, Middle East, Benjamin Netanyahu, Netanyahu, District Court


Netanyahu defiant as he arrives for start of trial

Israeli Prime Minister Benjamin Netanyahu arrived in Jerusalem's District Court on Sunday, denouncing the charges against him as his trial on corruption charges got underway.
Tags: Jerusalem, Cnn, Benjamin Netanyahu, Netanyahu, District Court


United States: Obviousness Of Compounds Having "Significant Structural And Functional Similarities" With Known Compounds - Oblon, McClelland, Maier & Neustadt, L.L.P

Mylan Pharmaceuticals Inc. and others ("Mylan") appealed from the District Court's grant of summary judgment that claim 8 of U.S. Patent 8,552,025 owned by Valeant Pharm.
Tags: News, United States, Mylan, District Court, Oblon McClelland Maier, Neustadt L L P. Mylan Pharmaceuticals Inc


Fifth Circuit still sucks on prison-conditions litigation: Coronavirus edition

The US Supreme Court has declined to vacate a stay by the 5th Circuit Court of Appeals of an injunction granted to Texas prison inmates from the Pack Unit, a geriatric prison unit, reported the New York Times. The inmates had asked for improved protections from the coronavirus. Four justices were needed to take the case, but only two apparently wanted to do so. Justice Sotomayor issued a statement, joined by Justice Ginsberg. Here are some notable excerpts: The District Court heard unrefuted te...
Tags: Texas, Law, New York Times, Circuit, Ross, US supreme court, Anderson, Bessemer, 5th Circuit Court of Appeals, Blake, District Court, Fifth Circuit, Sotomayor, Brennan, Gritsforbreakfast, TDCJ


COVID in prison reaches SCOTUS as it refuses to vacate Fifth Circuit stay ... and Justice Sotomayor has much to say

The Supreme Court this evening denied, via a one-sentence order (available here), a request to vacate a stay that the Fifth Circuit put in place to halt, pending appeal, an injunction requiring a Texas prison take various measure to protect inmates from the dangers of COVID–19.  Though the full court used only one sentence to deny the request to vacate the stay, Justice Sotomayor (joined by Justice Ginsburg) added this statement about that denial that runs seven pages.  Here are a few excerpts f...
Tags: Texas, Supreme Court, Law, Court, States, Ginsburg, District Court, Fifth Circuit, Sotomayor, Douglas A Berman, PLRA


SCOTUS dings Ninth Circuit panel for its "takeover of the appeal" of convictions for encouraging illegal immigration

I had not been following that closely the Supreme Court's consideration of the immigration case examining the proper reach of 8 U.S.C. §1324, United States v. Sineneng-Smith, No. 19-67 (S. Ct. May 7, 2020) (available here). But the Court's opinion in the case this morning caught my attention because the Justices decided not to decide the merits and instead decided to assail the Ninth Circuit's handing of the case.  Justice Ginsburg's opinion for the Court gives an account of how the Ninth Circui...
Tags: Supreme Court, Law, Court, United States, Williams, Thomas, Court of Appeals, Stevens, Ginsburg, District Court, Ninth Circuit, Douglas A Berman, Los Angeles Police Dept, Washington State Grange, Washington State Republican Party, Sineneng Smith


Supreme Court Punts Second Amendment Case back to Lower Courts

As SCOTUS Hears 2A Case, Bloomberg Reveals Fear of Gun Rights Victory, iStock-1020504756 U.S.A. –-(Ammoland.com)- The long-awaited ruling on the New York State Rifle & Pistol Association v. City of New York, was issued on 27 April, 2020.  The Supreme Court resolved almost nothing.  The Court held the case was moot, because the City of New York and the State of New York changed their law, so as to prevent the Court from ruling on the case. The Court merely maintained the unsatisfactory status ...
Tags: New York, Guns, Supreme Court, New York City, Court, US, Department Of Defense, United States, Arizona, Donald Trump, Franklin Delano Roosevelt, Brave New World, Second Amendment, Wilson, Trump, Ginsberg


A dozen new grants of federal sentence reductions using § 3582(c)(1)(A), including another based on stacking/disparity/trial penalty concerns

In recent posts here and here, I highlighted some of the COVID-influenced grants of sentence reductions using § 3582(c)(1)(A) available via Westlaw.  (And, as I keep mentioning, I think these Westlaw listings do not represent all sentence reductions being granted these days).  Though a new week is just getting started (with Westlaw only showing rulings through April 27), I have spotted lots of new grants of sentence reductions since my last posting.  It is heartening to see these rulings from co...
Tags: Law, Court, United States, Williams, Jackson, Rivers, Robinson, Haynes, Curtis, Sánchez, District Court, Coles, Westlaw, Thorson, Douglas A Berman, LWOP


More than a dozen new grants of federal sentence reductions using § 3582(c)(1)(A), including another based on stacking/disparity/trial penalty concerns

In recent posts here and here, I highlighted some of the COVID-influenced grants of sentence reductions using § 3582(c)(1)(A) available via Westlaw.  (And, as I keep mentioning, I think these Westlaw listings do not represent all sentence reductions being granted these days).  Though a new week is just getting started (with Westlaw only showing rulings through April 27), I have spotted lots of new grants of sentence reductions since my last posting.  It is heartening to see these rulings from co...
Tags: Law, Court, United States, Williams, Jackson, Rivers, Robinson, Haynes, Curtis, Sánchez, District Court, Coles, Westlaw, Tillman, Thorson, Douglas A Berman


Supreme Court Sides with New York City In Gun Transport Case Decision

U.S. Supreme Court Image NRA-ILA U.S.A. –-(Ammoland.com)- The U.S. Supreme Court just released its decision, April 27, 2020, in the New York “Gun Transport” case: New York State Rifle & Pistol Association, Inc., vs. Petitioners V. City Of New York, 590 U.S ____ (2020), and it isn’t good. You can read the decision here on the SCOTUS website. What Was the New York City Gun Transport Case About? “Petitioners [NYSRPA] sought declaratory and injunctive relief against enforcement of the rule inso...
Tags: New York, Guns, Supreme Court, Washington, Senate, New York City, Court, Chicago, House, New York Times, Biden, District Of Columbia, Cuomo, Trump, Robert, Federal Court


SCOTUS dismisses NYC Second Amendment case as moot (and Justice Alito dismisses public safety claims with gun rights at issue)

The Supreme Court resolved a closely watched Second Amendment case this morning, in a manner that is sure to be disappointing to Second Amendment fans.  The Court's two-page per curiam opinion in New York State Rifle and Pistol Association v. City of New York, No. 18–280 (S. Ct. Apr. 27, 2020) (available here), starts this way: In the District Court, petitioners challenged a New York City rule regarding the transport of firearms.  Petitioners claimed that the rule violated the Second Amendment. ...
Tags: New York, Supreme Court, Law, New York City, New York Police Department, Thomas, Court of Appeals, District Court, Alito, Kavanaugh, Heller, New York State Rifle and Pistol Association, Gorsuch, Douglas A Berman, Justice Alito, City of New York


Profit Disgorgement Allowed in TM Cases Without Showing Willfulness

by Dennis Crouch Romag Fasteners, Inc. v. Fossil Group, Inc. (Supreme Court 2020) The Lanham Act provides that a trademark owner can elect disgorgement of the defendant’s profits based upon “a violation under §1125(a) or (d) … or a willful violation under section 1125(c).” §1125(a) – TM infringement (likelihood of confusion) §1125(c) Dilution §1125(d) Cybersquatting 15 U.S.C. §1117(a). The statute appears to require willfulness as a prerequisite to profit disgorgement in the dilution context...
Tags: Supreme Court, Law, Patent, District Court, Alito, Sotomayor, Kagan, Federal Circuit, Dennis Crouch, Gorsuch, Romag Fasteners Inc, Thomas Cotter, Fossil Group Inc Supreme Court, Justices Breyer, Prof Cotter


No Reasoned Explanation

The United States Court of Appeals for the District of Columbia Circuit reversed the District Court's dismissal of a case brought challenging an edict changing the conflicts of interest policies for Environmental Protection Agency scientific boards. The prior policy was... [Author: Legal Profession Prof]
Tags: Law, Environmental Protection Agency, District Court, Legal Profession Prof


Chad Marks, high-profile "prison lawyer" subject to extreme stacked 924(c) term, gets his sentence reduced from 40 to 20 years via § 3582(c)(1)(A)

Readers may recall this post from last year about a remarkable four-page order entered in US v. Marks, No. 03-CR-6033 (WDNY March 14, 2019).  I am happy to have an update to this story.  First some background, then the latest chapter. Chad Marks' case has been followed for years by clemency advocates like Amy Povah, and this CAN-DO profile page has lots of background materials about his case, his requests for clemency, and all the positive work he has done since being federally sentenced years a...
Tags: Law, Congress, Court, US, United States, Chad, District Court, Marks, Larimer, John Gleeson, Nathan Brown, Douglas A Berman, LWOP, David Larimer, Amy Povah, Chad Marks


Two notable new § 3582(c)(1)(A) sentence reductions to remedy extreme stacked 924(c) sentences reformed by FIRST STEP Act

As long-time readers know, in the pre-COVID world, I made much of the FIRST STEP Act provision now allowing federal courts to directly reduce sentences under the (so-called compassionate release) statutory provisions of 18 U.S.C. § 3582(c)(1)(A) without awaiting a motion by the Bureau of Prisons.  In our current COVID world, many more sentencing reduction motions are being brought by federal prisons based on the distinct health threat the virus poses.  As highlighted by posts here and here and h...
Tags: Law, Congress, Court, US, Los Angeles, United States, Wilson, Wade, McPherson, District Court, Westlaw, K Mart, Douglas A Berman, LWOP, Pinkerton, New District Court