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Legal news from Thursday, October 25, 2012 |
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US trade commission rules Samsung infringed four Apple patents
Brandon Gatto on October 25, 2012 3:20 PM ET

[JURIST] A judge for the US International Trade Commission (ITC) [official website] on Wednesday declared in a preliminary ruling [text, PDF] that Samsung [corporate website] violated Section 337 of the Tariff Act of 1930 [text; ITC backgrounder] when it infringed four intellectual property patents held by Apple [corporate website]. The patents at issue involve both hardware and software features, and include one relating to the face of the Apple iPhone and one relating to its touch-screen technology. Samsung has repeatedly contended that a sales ban on its products would limit choice and raise consumer prices in America, but to no avail. The ruling by administrative law judge Thomas Pender now awaits approval from a full commission, which is scheduled to conclude its investigation of the patent infringements in February.
Apple and Samsung have been embroiled in continuous patent litigation in courts around the world, with multiple rulings in the last month alone. Some commentators have noted that this legal strategy has been an effort to influence the marketplace from the courtroom [JURIST op-ed]. Earlier this week the Dutch Rechtbank's-Gravenhage [official website, in Dutch] court ruled that Samsung did not infringe [JURIST report] on an Apple software patent for user input and date manipulation through a "multi-touch" touch screen. Similarly, only a week ago, a UK court also ruled that Samsung did not infringe [JURIST report] on an Apple design patent. Ten days ago, Apple appealed a Tokyo District Court ruling [JURIST report] which dismissed the company's claim that Samsung had infringed on its patents. At the beginning of the month, the US Court of Appeals for the Federal Circuit [official website] reversed an injunction [JURIST report] against Samsung that prevented it from selling its Galaxy Nexus product. Likewise and only a week prior, a judge for the US District Court for the Northern District of California [official website] lifted an injunction [JURIST report] against Samsung which banned the sale of its Galaxy Tab 10.1 product.


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Seventh Circuit allows cap on campaign contributions for upcoming election
Brandon Gatto on October 25, 2012 1:51 PM ET

[JURIST] The US Court of Appeals for the Seventh Circuit [official website] ruled Wednesday that a campaign finance law limiting political contributions can remain in effect until at least the November 6 elections. In particular, the three-judge panel refused to grant [Reuters report] a request by the Illinois Liberty Political Action Committee (ILPAC) [advocacy website] for a temporary injunction to block Public Act 096-0832 [text, PDF], or "[a]n act concerning elections." The court reasoned that ILPAC did not have a likely chance of success with regard to their claims that the state law violated free speech under the First Amendment and the Equal Protection Clause [Cornell LII backgrounders] under the Fourteenth Amendment of the US Constitution [text]. The case will now be heard on remand in the US District Court for the Northern District of Illinois [official website], which is where ILPAC's injunction attempt was originally quashed [opinion, PDF] only three weeks ago. Public Act 096-0832 was passed in December 2009 and places a $5,000 limit on political contributions from individuals, a $10,000 limit on unions and corporations and a $50,000 limit on political action committees.
Campaign finance [JURIST news archive] has received significant national attention over the past year, especially in Illinois. In September the Seventh Circuit upheld [JURIST report] a state law requiring all organizations to disclose their funding sources, including groups that do not focus on elections. In March a judge for the Northern District struck down [JURIST report] two recently enacted parts of the Illinois Election Code [text] also designed to cap campaign contributions. Illinois Election Code revisions and campaign contribution restrictions were passed in 2009 as part of reform efforts following the indictment of former governor Rod Blagojevich [personal website; JURIST news archive], who was arrested [JURIST report] in December 2008 on corruption charges that included the allegation that he conspired to sell the Senate seat left vacant by US President Barack Obama.


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Wikileaks begins release of confidential US 'detainee policies'
Rebecca DiLeonardo on October 25, 2012 1:32 PM ET

[JURIST] The controversial intelligence-leaking website Wikileaks [website; JURIST news archive] on Thursday began releasing [press release] a series of confidential US detainee policies [Wikileaks page], according to the website. The site said that it will release "more than 100 classified or otherwise restricted files from the United States Department of Defense" over the next month. Wikileaks said that many of the documents that will be released exemplify US "policies of unaccountability." One of the first documents to be released is the standard operating procedure (SOP) manual for Guantanamo Bay [JURIST backgrounder]. Wikileaks founder Julian Assange [Telegraph profile] said of the documents: The "Detainee Policies" show the anatomy of the beast that is post-9/11 detention, the carving out of a dark space where law and rights do not apply, where persons can be detained without a trace at the convenience of the U.S. Department of Defense. It shows the excesses of the early days of war against an unknown "enemy" and how these policies matured and evolved, ultimately deriving into the permanent state of exception that the United States now finds itself in, a decade later. The US government has not commented on this newest leak.
The US government has struggled to deal with the release of confidential files on Wikileaks. Army Col. Denise Lind in June ordered [JURIST report] the prosecution in the case against Pfc. Bradley Manning [advocacy website; JURIST news archive] to submit to her a number of files that were allegedly withheld from the defense during discovery. Manning is accused of transferring more than 700,000 confidential documents and video clips to Wikileaks, the largest intelligence leak is US history. Manning's defense has argued the leaks did not hurt US national security, but the US Army has responded that Manning's actions indirectly aided al Qaeda. Manning was formally charged [JURIST report] in February with 22 counts, including aiding the enemy, under the Espionage Act. In April 2011 WikiLeaks began publishing the Guantanamo Files [JURIST report], a collection of more than 700 classified documents relating to the evidence and treatment of almost all detainees held at Guantanamo Bay between 2002 and 2008. In December 2010, UN High Commissioner for Human Rights Navi Pillay criticized [JURIST report] actions by governments and corporations worldwide to cut off funding to WikiLeaks, saying it could violate the website's rights to free expression.


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New Jersey Supreme Court upholds surrogacy law
Rebecca DiLeonardo on October 25, 2012 12:50 PM ET

[JURIST] The Supreme Court of New Jersey [official website] on Wednesday upheld [opinion, PDF] a decision by a New Jersey appellate court finding that an infertile woman is not the legal parent of a child conceived using her husband's sperm and carried by a surrogate. The court determined that the New Jersey Parentage Act [text, PDF] requires a woman in that situation to adopt the child before she can be said to be a legal guardian. Lawyers for the parents in the case had argued that the law is discriminatory because it places infertile men and infertile women in a different legal position; under the same law, an infertile man is considered the legal guardian of a child that is conceived using a sperm donor and carried by his wife. The court determined, however, that the law does not violate the Equal Protection Clause [text] of the Constitution because the different treatment of men and women is based on actual physiological differences between the sexes.
Courts around the world continue to grapple with legal issues surrounding surrogacy. In August a judge for Australia's Queensland District Court defined the term "conception" [JURIST report] as the act of getting pregnant. The definition was crucial because the Queensland Surrogacy Act of 2010 [text, PDF] requires that surrogacy arrangements be signed "before the child is conceived." In May, the New York Court of Appeals, the state's highest court, issued two rulings [JURIST report] expanding the rights of nonbiological gay and lesbian parents. In one case, the court ruled [opinion, PDF] 7-0 that a lesbian can assert parental rights over the biological child of her partner, reversing a lower court decision [JURIST report]. In a separate case, the court ruled [opinion, PDF] 4-3 that a lesbian could seek child support from her former partner.


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Ex-Goldman Sachs director sentenced to 2 years
Jaimie Cremeans on October 25, 2012 8:41 AM ET

[JURIST] The US District Court for the Southern District of New York [official website] on Wednesday sentenced [order, PDF] Rajat Gupta, former Goldman Sachs director, to one year in prison, one year of supervised release and a $5 million fine for his securities fraud convictions. Gupta was convicted [JURIST report] in June of three counts of securities fraud and one count of conspiracy to commit securities fraud for his involvement in insider trading with hedge fund founder Raj Rajaratnam [JURIST news archive]. In his opinion, Judge Jed Rakoff discussed the "bizarre results" that can happen in sentencing, noting that the US Sentencing Guidelines [Cornell LII backgrounder] only assign two points to his main offense, abuse of a position of trust, but assign 18 points to the resultant monetary gains by others even though Gupta did not receive any monetary gain. However, he said, Gupta well knowing his fiduciary responsibilities to Goldman Sachs, brazenly disclosed material non-public information to Mr. Rajaratnam at the very time, September and October 2008, when our financial institutions were in immense distress and most in need of stability, repose, and trust. Gupta is ordered to be imprisoned by 2 PM on January 8, 2013.
Rajaratnam, Gupta's co-conspirator, began his 11-year prison sentence at a Massachusetts military base last December after he was sentenced [JURIST reports] a month earlier. Along with his prison sentence, he was given a $92.8 million fine, the largest ever imposed on an individual for insider training. He was convicted [JURIST report] of 14 counts of insider trading. Goldman-Sachs settled for $550 million [JURIST report] with the US Securities and Exchange Commission (SEC) [official website] in 2010 after the SEC filed suit [JURIST report] against the company for securities fraud.


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UN committee: too many states still use torture practices
Jaimie Cremeans on October 25, 2012 7:10 AM ET

[JURIST] While the international community has come a long way in enacting legal standards to prevent torture and inhumane punishment, UN Committee Against Torture [official website] Chairperson Claudio Grossman said Tuesday that there are still too many states practicing torture [press release]. He said that while the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment [text], which became effective 25 years ago, has made a difference, there are currently 115 cases pending before his committee. Grossman, speaking to the General Assembly while giving his committee's annual report [materials], said We have not yet achieved a world free from torture, but we believe that this goal is achievable, that rights and duties need to be taken seriously, and that supervisory organs with independent experts are an essential component to achieving that goal. He called on the General Assembly to allocate more funding and resources to address this issue and called on countries to act on commitments to put a stop to torture.
Torture is a worldwide problem that the UN and human rights groups have been working to abolish. Earlier this month, Amnesty International [advocacy website] reported that Rwanda has been subjecting its citizens [JURIST report] to unlawful detention, enforced disappearances and torture. Also this month, the British government announced that it would allow three Kenyans to sue for torture [JURIST report] they suffered in the 1950s while in detention under the British Colonial Administration. Two days earlier a Turkish court sentenced [JURIST report] two prison guards and a prison director to life in prison for the torture and killing of an anti-government activist. The UN last month also called on Georgia to investigate torture in its prisons [JURIST report] after a video of the alleged torture and rape of prisoners in its capital became public.


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