Supreme Court upholds challenged patent review practice
Court Watch | 2018/04/24 18:11
The Supreme Court has upheld a challenged practice that is used to invalidate patents without the involvement of federal courts.

The justices on Tuesday rejected a bid to strike down a process established by Congress in 2011 to speed up patent reviews.

The justices voted 7-2 in favor of the U.S. Patent and Trademark Office's patent review process. It has been used to invalidate hundreds of patents since it was established in 2012.

Chief Justice John Roberts and Justice Neil Gorsuch dissented.


UK Supreme Court declines appeal from parents of ill toddler
Court Watch | 2018/04/21 17:52
Britain’s Supreme Court declined Friday to hear an appeal from a mother and father who want to take their terminally ill toddler to Italy for treatment instead of allowing a hospital to remove him from life support.

The decision is another setback for the parents of 23-month-old Alfie Evans, who have been engaged in a protracted legal fight with Alder Hey Children’s Hospital over their son’s care.

The Supreme Court decision means an earlier Court of Appeal ruling will stand. Justices in that court upheld a lower court’s conclusion that it would be pointless to fly the boy to Rome for treatment.

Alfie is in a “semi-vegetative state” as the result of a degenerative neurological condition that doctors have been unable to definitively identify. Earlier court rulings blocked further medical treatment and ordered the boy’s life support to be withdrawn.

In appealing the rulings, Alfie’s parents, Tom Evans, 21, and Kate James, 20, argued their son had shown improvement in recent weeks. But doctors said his condition was irreversible.

Pope Francis prayed Sunday for Alfie and others who are suffering from serious infirmities.

It was the second time the pope offered his views about a case involving a terminally ill British child. In July, Francis spoke out on behalf of Charlie Gard, who died a week before his first birthday from a rare genetic disease after his parents fought in court to obtain treatment for him outside of Britain.



Facebook to stop spending against California privacy effort
Court Watch | 2018/04/12 00:49
Facebook says it will stop spending money to fight a proposed California ballot initiative aimed at giving consumers more control over their data.

The measure, known as the "California Consumer Privacy Act," would require companies to disclose upon request what types of personal information they collect about someone and whether they've sold it. It also would allow customers to opt out of having their data sold.

The company made the announcement Wednesday as chief executive Mark Zuckerberg underwent questioning from Congress about the handling of user data.

Pressure has mounted on Facebook to explain its privacy controls following revelations that a Republican-linked firm conducted widespread data harvesting.

Facebook had donated $200,000 to a committee opposing the initiative in California - part of a $1 million effort by tech giants to keep it off the November ballot.

Facebook said it ended its support "to focus our efforts on supporting reasonable privacy measures in California."

Proponents of the ballot measure applauded the move.

"We are thrilled," said Mary Ross, president of Californians for Consumer Privacy.

The California Chamber of Commerce and other groups are fighting to keep the measure off the ballot through the "Committee to Protect California Jobs." Google, AT&T, Verizon and Comcast also contributed $200,000 each to that effort in February.

Committee spokesman Steve Maviglio said the measure would hurt the California economy.

"It is unworkable and requires the internet in California to operate differently - limiting our choices, hurting our businesses, and cutting our connection to the global economy," he said.


Mississippi court: Woman has parent rights in same-sex split
Court Watch | 2018/04/07 12:04
Mississippi's Supreme Court says a woman has parental rights to a 6-year-old boy born to her ex-wife when the two were married, in a case watched by gay rights activists and groups aiding in vitro fertilization.

Chris Strickland brought the appeal, challenging a lower court decision that an anonymous sperm donor had parental rights and that Strickland didn't.

Strickland argued that the U.S. Supreme Court decision legalizing gay marriage requires same-sex couples to be treated equally. She ultimately hopes to win 50-50 custody of a boy who bears her last name.

All nine justices, citing different reasons, found the original ruling flawed, although some wouldn't have gone as far as the main opinion. The case was ordered back to a lower court for the original judge to decide on custody.



Russian authorities asks court to block messaging app
Court Watch | 2018/04/04 12:03
Russia's communications watchdog says it has asked a court to block access to a popular messaging app.

The Russian Communications Agency said on Friday it has filed a lawsuit against the messaging app Telegram after it refused to hand over encryption keys to Russian intelligence.

The announcement follows a months-long row between Telegram and Russian authorities, who insist they need access to the keys to investigate serious crimes including terrorist attacks.

Russia's Supreme Court last month threw out an appeal by Telegram against demands from the Federal Security Service intelligence agency to provide access to user data.

Telegram argues that the FSB violates consumer rights, while authorities say the app has been used by violent extremists.


Arkansas high court: Some execution drug info can be secret
Court Watch | 2018/03/30 19:31
The Arkansas Supreme Court says the state prison system must continue to identify the manufacturers of its execution drugs but that it can conceal information that could identify those who obtain the drugs for the state.

Pharmaceutical companies won't sell their drugs for use in executions, which has led some states to obtain execution drugs through middle men or from made-to-order compounding pharmacies.

Arkansas prison officials insist secrecy is needed to ensure a steady supply of the drugs. They argued that secrecy for the middle men who obtain the drugs should also extend to manufacturers, but a Pulaski County judge said it should not and justices on Thursday agreed with that ruling.


Supreme Court hears case alleging unconstitutional 6th District gerrymander
Court Watch | 2018/03/29 02:31
U.S. Supreme Court justices expressed frustration with partisan gerrymandering on Wednesday as they heard arguments in a case challenging Maryland’s 6th Congressional District.

The case, which alleges a Democratic gerrymander in Maryland at the same time justices are considering the constitutionality of an alleged Republican gerrymander in Wisconsin, has some legal experts wondering whether the justices might be on the verge of establishing a standard that would allow judicial intervention in partisan gerrymandering cases for the first time in the court’s history.

The 6th District challenge was brought by seven Maryland residents, including three from Frederick County, who argue that the district — which includes southwestern parts of Frederick County and the city of Frederick — was unconstitutionally gerrymandered to favor Democrats and punish Republicans during the reapportionment process after the 2010 census.

The justices heard arguments in the Wisconsin political gerrymandering case in October, but have not yet released an opinion.

The Maryland and Wisconsin cases both focus on unconstitutional partisan gerrymandering, but there are some important differences. The Maryland case challenges the redrawing of a single federal district to favor Democrats, while the Wisconsin case is based on the statewide redrawing of Wisconsin State Assembly districts to favor Republicans.

The two cases also allege different violations of voters’ rights: The Maryland case claims retaliation against Republican voters under a First Amendment framework, while the Wisconsin plaintiffs are alleging a violation of the equal protection clause under the 14th Amendment.




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