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Microsoft Petitions Supreme Court in Patent Case
Breaking Legal News | 2007/02/22 08:57

The US Supreme Court heard oral arguments Wednesday in Microsoft Corp. v. AT&T Corp., 05-1056, where the court must decide whether Microsoft  should be held liable for patent infringement in Windows software sold abroad. AT&T claimed that Microsoft allows foreign computer manufacturers to replicate master discs of its Windows software. The discs contain computer codes patented by AT&T, and AT&T argued that the process infringes their patent under a federal law prohibiting US companies from shipping "components" of products to foreign manufacturers that use them to manufacture products that infringe US patents. In July 2005 the US Court of Appeals for the Federal Circuit upheld a district court decision favoring AT&T, finding that the Windows software could be considered a "component" of a patented invention and that Microsoft "supplied" the component to overseas manufacturers.

Justice Breyer expressed skepticism Wednesday about AT&T's argument, stating that it could pave the way for extensive patent infringement allegations whenever US patented products are copied overseas. Conversely, Justice Kennedy questioned the difference between the master discs supplied by Microsoft and the subsequently copied discs distributed to foreign manufacturers for installation on their computers, while Justice Alito noted that the ease of copying the discs abroad renders Microsoft's distinction "artificial." Chief Justice John Roberts, Jr. recused himself at the start of oral arguments; according to his financial disclosure form, Roberts owns between $100,001 and $250,000 worth of Microsoft stock.



Zimbabwe police ban political rallies in capital
International | 2007/02/22 02:55
Police imposed a three-month ban on political rallies and protests Wednesday in the Zimbabwean capital of Harare after a political rally held Sunday by opposition group Movement for Democratic Change (MDC). Despite a court order instructing police not to interfere with the rally, police used tear-gas and water cannons to break up the crowd gathered to see Morgan Tsvangirai begin his presidential campaign. Opposition group members said police chased and beat people and made several arrests. The police force said the ban was necessary to prevent further disorder.


DOJ unveils religious discrimination education initiative
Legal Business | 2007/02/21 18:53

US Attorney General Alberto Gonzales unveiled the First Freedom Project (FFP) Tuesday afternoon, a new Department of Justice initiative aimed at stricter enforcement of laws against religious discrimination and educating the public about their rights in this area. The DOJ will hold training seminars across the US in conjunction with the program, and the FFP website includes instructions on how to file a religious discrimination complaint with the DOJ. The program was prompted by a DOJ report, also released Tuesday, that describes how the DOJ's Civil Rights Division has "dramatically increased enforcement" of religious discrimination laws between 2001 and 2006.

Gonzales made the following remarks during a Wednesday meeting of the Executive Committee of the Southern Baptist Convention:

The Department of Justice has actively pursued cases involving religion not just in access to education and public facilities, but in equal access to housing, lending, and employment as well. Over the past six years, we have had many successes. We've launched scores of investigations involving religious discrimination in education and housing, a sharp and marked increase in the Justice Department's enforcement of these important federal protections. We have fought to maintain and make clear the crucial distinction between improper government speech endorsing religion and constitutionally protected private speech endorsing religion.

Why should it be permissible for an employee standing around the water cooler to declare that 'Tiger Woods is God,' but a firing offense for him to say 'Jesus is Lord'? These are the kinds of contradictions we are trying to address...

As part of our ongoing efforts to strengthen and preserve religious liberty in this country, I am unveiling today a new initiative: the First Freedom Project. Under this program, the Department will build on our extensive record of achievement in this area and commit to even greater enforcement of religious rights for all Americans.



TX legislators move to rescind governor's HPV vaccine order
Law Center | 2007/02/21 18:51
Lawmakers in Texas advanced a bill Wednesday to rescind the governor's executive order requiring that school-age girls receive a vaccine to prevent cervical cancer. The House of Representatives' Public Health Committee voted 6-3 in favor of the bill, which is sponsored by more than 90 of the 150 House members. The bill provides, in part, that "immunization against the human papilloma virus may not be required for a person's admission to any elementary or secondary school," and it explicitly pre-empts "all contrary executive orders of the governor." The committee voted after hearing hours of public testimony late into the night Monday. The House committee also unanimously approved another bill designed to increase public awareness of HPV and the vaccine.


7 more Guantanamo Bay detainees to Saudi Arabia
International | 2007/02/21 09:47

Seven Saudis formerly detained at Guantanamo Bay arrived in Saudi Arabia after US authorities granted their release earlier this week.

The Saudi Press Agency reported their return, and noted that Interior Minister Prince Nayef bin Abdul-Aziz "expressed his appreciation at the level of co-operation with the US authorities, hoping that this step will pave the way to free all remaining Saudis soon". The former detainees will remain in custody in Saudi Arabia until the government has finished its investigation into any possible link the men may have with militant organizations.

In December, Saudi Arabia freed eighteen former Guantanamo Bay detainees "after meeting necessary legal conditions." Earlier in December, sixteen Saudis were released from Guantanamo to Saudi Arabia. The Saudi Arabian government was holding that group of transferees to investigate whether they have ties to terrorist groups. A total of 60 Saudi detainees have now been released from Guantanamo Bay, according to AP statistics, with another 67 remaining in custody.



Supreme Court rules in false arrest, bankruptcy cases
Breaking Legal News | 2007/02/21 09:11

The US Supreme Court handed down decisions in two cases Wednesday, including Wallace v. Kato, where the Court held that the two-year statute of limitations for a false arrest action under under 42 USC 1983 begins accruing at the time of arrest. Andre Wallace was arrested without probable cause in 1994, convicted, and released from prison in 2002 after an Illinois court reversed the conviction. He subsequently filed a civil rights lawsuit against the police officers involved, but his case was dismissed because he did not file the lawsuit within the two-year statute of limitations. Wallace argued that two-year period began accruing when he was released from prison, but the US Court of Appeals for the Seventh Circuit held that false arrest claims accrue at the time of arrest. The Supreme Court upheld this decision, holding "that the statute of limitations upon a §1983 claim seeking damages for a false arrest in violation of the Fourth Amendment, where the arrest is followed by criminal proceedings, begins to run at the time the claimant becomes detained pursuant to legal process." Read the Court's opinion per Justice Scalia, along with a concurrence from Justice Stevens and a dissent from Justice Breyer.

In Marrama v. Citizens Bank of Massachusetts, the Court ruled 5-4 that a debtor's right to convert a Chapter 7 bankruptcy to a case under Chapter 13 is not absolute. Marrama initially filed a bankruptcy petition under Chapter 7 but then attempted to convert his case to a Chapter 13 petition in order to preserve his interest in an $85,000 piece of property. Citizens Bank challenged the conversion, and the bankruptcy court refused to allow the conversion due to Marrama's bad faith. The Supreme Court upheld the lower court decision from the US Court of Appeals for the First Circuit, concluding "that the courts in this case correctly held that Marrama forfeited his right to proceed under Chapter 13." The Court wrote:

Nothing in the text of either §706 or §1307(c) (or the legislative history of either provision) limits the authority of the court to take appropriate action in response to fraudulent conduct by the atypical litigant who has demonstrated that he is not entitled to the relief available to the typical debtor. On the contrary, the broad authority granted to bankruptcy judges to take any action that is necessary or appropriate "to prevent an abuse of process" described in §105(a) of the Code, is surely adequate to authorize an immediate denial of a motion to convert filed under §706 in lieu of a conversion order that merely postpones the allowance of equivalent relief and may provide a debtor with an opportunity to take action prejudicial to creditors.



Another iPhone Lawsuit Possibly On the Way
Patent Law | 2007/02/21 08:12

A company called Quantum Research has its eyes set very close on Apple's iPhone. Quantum Research claims that the iPhone infringes on two technologies that belong to Quantum. The first is the touch sensitive technology used on the iPhone and the second is the near-field proximity sensor used to detect whether or not the iPhone is being held against a person's face.

Although no formal lawsuit has been filed, Quantum Research said that the iPhone will definitely be plucked apart when it's released. Quantum Research owns patents related to charge transfer techonology, which it licensed to Motorola as well as STMicroelectronics.

According to Duncan Bryan, Quantum Research's licensing director, the capabilities of the iPhone belong to his company. “The description of the iPhone suggests it uses a rear-surface touch screen, and has proximity sensing which can tell if it is held to the ear. That’s a QR capability,” said Bryan. Interestingly, Quantum Research also sells chips to Apple that includes many of the features advertised on the iPhone. The two companies are still in talks about the clickwheel used in products like the iPod Nano.

Apple is currently facing legal action from Cisco Systems, which owns the trademark name "iPhone" and has even used the name on its Linksys products. Cisco extended negotiations with Apple until today, claiming that it would like to come to a mutually beneficial conclusion with Apple. Analysts say it is still uncertain of whether or not Apple will come out of the courtroom with the rights to use the "iPhone" name.

Apple's iPhone is also waiting for approval from the FCC before it can hit the market. Apple's website indicates "This device has not been authorized as required by the rules of the Federal Communications Commission. This device is not, and may not be, offered for sale or lease, or sold or leased, until authorization is obtained."



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