JURIST - Paper Chase: Sunday, April 8, 2012

[JURIST] The US Court of Appeals for the Federal Circuit [official website] heard arguments [oral argument, MP3] on Friday on Apple's request for a temporary injunction against distribution of Samsung's "Galaxy" products, but it seemed skeptical of Apple's arguments. Apple appealed a decision by the US District Court for the Northern District of California [official website] that allowed some of Samsung’s Galaxy tablets and phones to remain on the market while a patent-infringement case is pending. The district court decision denied the injunction request because Apple failed to establish a causal element between Samsung's alleged patent infringement and likely irreparable harm to Apple. The Federal Circuit judges questioned Apple's assertion that proving a causal link is not necessary, and that the only elements needed to obtain an injunction are likelihood of success of its claim and likelihood of Apple suffering irreparable harm if an injunction is not granted. They offered hypotheticals about situations that could arise where the standard for which Apple argued would be unworkable, and tried to push Apple toward a "middle ground" approach on the issue of cause. With the injunction Apple seeks specifically to prevent Samsung from selling three of its smartphone models as well as its tablet, the Samsung Tab 10.1, in the US market.

Apple's request for a temporary injunction was denied by the district court [JURIST report] in December. Apple brought its suit [JURIST report] against Samsung Electronics in April, alleging that Samsung copied its iPhone and iPad technology in making its "Galaxy" products. It alleged 10 patent infringements, two trademark violations and two trade dress violations. It also accused Samsung of unfair business practices and unjust enrichment. Last month a German court dismissed a case [JURIST report] in which Apple and Samsung were both accusing each other of patent infringements. Apple also filed a complaint [JURIST report] against Samsung in July with the US International Trade Commission, a week after Samsung filed a similar complaint [JURIST report]. Apple also filed suit against Samsung in a South Korea court [JURIST report] in June.

[JURIST] International Criminal Court [official website] Prosecutor Luis Moreno-Ocampo [official profile] told the Associated Press on Friday that he is certain that fugitive Ugandan rebel leader Joseph Kony [BBC backgrounder] will be arrested this year [AP report]. Moreno-Ocampo pointed to the amount of publicity surrounding the recent campaign by Invisible Children [advocacy website] to capture Kony as evidence that people around the world have taken a stronger interest in human rights issues than in the past. The ICC Prosecutor cited several other reasons to support the idea that Kony will be brought to justice, including Uganda's renewed commitment to finding Kony, the Central African Republic allowing Ugandan troops to operate there and the US commitment of 100 military advisers to help with logistics. Moreno-Ocampo also said that he sees the success of the movement to catch Kony as hope that the world is becoming more interested in pursuing justice against all alleged human rights offenders, such as Sudanese President Omar al-Bashir [ICC materials; JURIST news archive] and Congo militia leader Thomas Lubanga [ICC materials; JURIST news archive]. The ICC issued arrest warrants for Kony and four of his senior commanders in July 2005.

Since the Invisible Children campaign became popular, the international community has shown increased commitment [JURIST report] to catching Kony, who is wanted by the ICC for 12 counts of crimes against humanity and 21 war crimes [ICC arrest warrant, PDF], including murder, rape, mutilation and the forced enlistment of child soldiers. Last month the US House of Representatives proposed legislation [JURIST report] to support and protect Uganda through increased military presence and support in expanding its telecommunications system. In 2009 the ICC said that it was still looking for him [JURIST report]. Kony has pleaded not guilty [JURIST report] to the allegations against him. Despite ICC calls for global cooperation [JURIST report] to execute the arrest warrant, Kony has remained at large.

[JURIST] US President Barack Obama [official website] on Wednesday signed the Stop Trading on Congressional Knowledge Act (STOCK Act) [S 2038, PDF], which prohibits members and employees of Congress, the president and thousands of other federal officials from using non-public knowledge in making investment decisions. The bipartisan legislation mandates public disclosure of new transactions exceeding $1,000 in an online database within 45 days of making a trade. The provision is meant to add a new element of transparency and accountability in stock and security trading, and will hold those who abuse their privileged knowledge accountable. Obama has been outspoken in his support of this type of legislation and has pledged to seek further reforms. The president highlighted the importance of the law [press release] in remarks made at the bill's signing:

It's the notion that the powerful shouldn't get to create one set of rules for themselves and another set of rules for everybody else. And if we expect that to apply to our biggest corporations and to our most successful citizens, it certainly should apply to our elected officials — especially at a time when there is a deficit of trust between this city and the rest of the country. ... The STOCK Act makes it clear that if members of Congress use nonpublic information to gain an unfair advantage in the market, then they are breaking the law.

The President further applauded the act as an essential step in subduing the power of money in politics. Trades by members of Congress may be investigated by the Office of Congressional Ethics [official website], an independent ethics office of the House of Representatives. The STOCK Act was first introduced by Congresswoman Louise Slaughter [official website] in 2006.

The larger issue of insider trading has been a major concern since the Enron [JURIST news archive] scandal of 2001. Last month the US Supreme Court [official website] ruled on the statute of limitations regarding insider trading cases [JURIST report], holding that the statute of limitations begins running at the time the misconduct is discovered by a reasonable person, not when the trader discloses all the details of such conduct. In January prosecutors charged seven people in a $62 million insider trading scheme [JURIST report] in which the accused allegedly earned illegal profits on the basis of insider information regarding publicly traded companies. In November a federal judge ordered a hedge fund manager to pay a record insider trading penalty of $92.8 million [JURIST report] in a civil lawsuit brought by the Securities and Exchange Commission (SEC) [official website].

[JURIST] Wisconsin governor Scott Walker [official website] on Thursday and Friday signed 51 pieces of legislation [press release], including controversial bills regarding employment discrimination, sex education and abortion. Walker raised the ire of opponents [AP report] by quietly signing the various bills, then announcing the legislation the next afternoon, before what for many is a holiday weekend. One bill of note would bar compensatory and punitive damages [SB 202 materials] in employment discrimination lawsuits. Current state law allows awards up to $300,000. Walker also signed a public sex education bill [SB 237 materials] that requires teachers to stress the importance of abstinence and promote marriage. The law amends existing regulations, allowing school boards to enact abstinence-only legislation by removing existing mandatory instruction regarding "the health benefits, side effects, and proper use of contraceptives and barrier methods approved by the federal Food and Drug Administration (FDA) to prevent pregnancy and barrier methods approved by the FDA to prevent sexually transmitted infections." Additionally, Walker signed two laws regarding abortion. The first bans abortion coverage in insurance plans [SB 92 materials] sold through the exchanges to be created in 2014 by the federal Patient Protection and Affordable Care Act (PPACA) [text; JURIST backgrounder]. Exceptions are provided for cases of rape, incest or medical necessity. The second abortion bill requires physicians to meet privately with a potential abortion patient [SB 306 materials], in the absence of friends and family, to ensure she is not being coerced. The law also requires a 24-hour waiting period to obtain an abortion. Physicians violating the law can be charged with a felony.

There has been much controversy surrounding Scott Walker and legislation he has enacted since he took office in January 2011. Last month, a federal judge struck down [JURIST report] portions of Wisconsin's restrictive collective bargaining law. Earlier that week, it was announced that Wisconsin's voter ID law would be challenged in the state Supreme Court [JURIST report]. Last December, a federal appeals court struck down a Wisconsin campaign finance law [JURIST report].