Huawei, ZTE lose patent appeal cases at UK Supreme Court

Legal Insight 2020/08/28 18:16   Bookmark and Share
Britain’s Supreme Court has dismissed two appeals by Chinese telecoms firms Huawei and ZTE over mobile data patent disputes.

The disputes center on the licensing of patented technology considered essential to mobile telecoms. The patents are meant to ensure fair competition and access to technology like 4G.

In the first case, Unwired Planet, an intellectual property company that licenses patents, had brought legal action against Huawei for infringement of five U.K. patents that Unwired acquired from Ericsson.

The second appeal concerned legal action brought by another patent licensing company, Conversant Wireless, against Huawei and ZTE for infringement of four of its U.K. patents.

The Supreme Court on Wednesday upheld lower court rulings on the cases and dismissed appeals by Huawei and ZTE.

In a statement, Conversant said the ruling was a landmark judgment that will have “significant implications worldwide” for telecommunications patent licensing.

The ruling meant that companies like Huawei cannot insist that patent holders like Conversant prove their patents in every jurisdiction of the world, which would be “both practically and economically prohibitive,” the company added.
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1st Black woman confirmed to be justice on NJ high court

Legal Business 2020/08/27 18:16   Bookmark and Share
The nomination of the first Black woman to sit on New Jersey’s Supreme Court was confirmed Thursday by the state Senate.

Fabiana Pierre-Louis, a 39-year-old attorney in private practice and a former federal prosecutor, was nominated by Democratic Gov. Phil Murphy in June to succeed Justice Walter Timpone. He was nominated to the court by former Republican Gov. Chris Christie in 2016 and will reach the mandatory retirement age of 70 later this year.

“Ms. Pierre-Louis is a New Jersey success story who will bring more diversity to the highest court of the most diverse state in the country,” said Senate President Steve Sweeney, also a Democrat. She is Murphy’s first pick for the high court.

The daughter of Haitian immigrants, Pierre-Louis was the first person to go to law school in her family. At the event in Trenton in June with Murphy, she seemed to get choked up talking about the role they played in her life.

“Many years ago, my parents came to the United States from Haiti with not much more than the clothes on their backs and the American dream in their hearts. I think they have achieved that dream beyond measure because my life is certainly not representative of the traditional trajectory of someone who would one day be nominated to the Supreme Court of New Jersey,” she said.

Pierre-Louis is a partner at Montgomery McCracken in Cherry Hill, where she is in the white collar and government investigations practice.

Before that, she served for nearly a decade as an assistant United States Attorney in New Jersey.

As part of that role, she served as the attorney-in-charge of the Camden branch office — the first woman of color to hold that a position, according to her biography on Montgomery McCracken’s website.

Murphy, a Democrat, said that Pierre-Louis would carry on the legacy of John Wallace, who was the last Black justice on the state’s highest court and who she clerked for.

Murphy lamented that Wallace was not renominated when his first term expired in 2010 — the first time that had happened under the state’s current constitution.

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Thai court issues new arrest warrant for Red Bull scion

Court News 2020/08/23 18:17   Bookmark and Share
A Thai court issued a new arrest warrant on Tuesday for an heir to the Red Bull energy drink fortune, a month after news of the dropping of a long-standing charge against him caused widespread anger.

Assistant National Police Chief Lt. Gen. Jaruwat Waisay confirmed that Vorayuth Yoovidhya, commonly known by the nickname “Boss,” faces charges of causing death by negligent driving and use of a narcotic substance.

“This was the recommendation by the police committee investigating the case," he said by phone. "We are confident that we can move forward on this, otherwise this decision would not have been made.”

Vorayuth is the grandson of Chaleo Yoovidhya, one of the creators of the globally famous Red Bull brand. Forbes puts the family’s net worth at $20 billion.

Around dawn on Sept. 3 , 2012, Vorayuth was at the wheel of a Ferrari that struck the back of a traffic policeman’s motorcycle on a main Bangkok road. The officer was flung from his motorbike and died at the scene, while Vorayuth drove home.

The family does not dispute he was the driver but says the policeman caused the crash by veering suddenly across his path. A forensic examination at the time put his speed at around 177 kilometers (110 miles) per hour in an 80 kilometers (50 miles) per hour zone, and medical tests allegedly found traces of cocaine in his bloodstream.

For years Boss avoided court by not turning up to meet prosecutors. Meanwhile, the number of charges against him dwindled due to the statute of limitations.

After an AP investigation revealed that he was continuing to live a globetrotting life, using private jets to party around the world and staying in the family's luxurious properties, authorities finally issued an arrest warrant for causing death by reckless driving in April 2017.
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Families confront New Zealand mosque shooter at sentencing

Legal Interview 2020/08/22 18:17   Bookmark and Share
Families and survivors had their first chance to confront the white supremacist who slaughtered 51 worshippers in a mass shooting at two New Zealand mosques as his four-day sentencing hearing began Monday.

“You killed your own humanity, and I don’t think the world will forgive you for your horrible crime,” said a tearful Maysoon Salama, the mother of 33-year-old Atta Elayyan, who was killed in March 2019 attacks. “You thought you can break us. You failed miserably.”

The gunman, 29-year-old Australian Brenton Harrison Tarrant, pleaded guilty in March to 51 counts of murder, 40 counts of attempted murder and one count of terrorism ? the first terrorism conviction in New Zealand’s history. He could become the first person in New Zealand to be sentenced to life imprisonment without the possibility of parole, the toughest sentence available.

Tarrant was brought into the Christchurch High Court shackled and wearing a gray prison outfit. In the dock, unshackled and surrounded by five officers, he showed little emotion throughout the hearing. He occasionally looked around the room, tapped his fingers, and watched the survivors as they spoke.

The courtroom was only half full due to coronavirus distancing requirements, while many others watched from adjacent courtrooms where the hearing was streamed. Survivors and family members occasionally wept and comforted each other.

Two dozen victims and family members told the court about the pain of losing husbands, wives, sons and brothers. Some had family members around them for support, others spoke through translators or on pre-recorded videos from abroad.

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Colombia warlord asks US court to force deportation to Italy

Legal Insight 2020/08/19 13:48   Bookmark and Share
A lawyer for a former Colombian paramilitary leader is asking a U.S. federal court to force Attorney General William Barr to immediately deport the former warlord to Italy after he completed a long drug sentence.

The emergency petition was filed Monday in Washington, DC federal court on behalf of Salvatore Mancuso, the former top commander of the United Defense Forces of Colombia, known as the AUC. It comes as Colombia is mounting a last-minute campaign to block Mancuso’s removal to Italy after it bungled an extradition request  that had to be withdrawn last month.

Mancuso’s lawyer argues that Barr, Chad Wolf, the acting head of the Department of Homeland Security, and four other senior officials at U.S. Immigration and Customs Enforcement have unlawfully kept Mancuso in federal custody beyond the maximum 90 days allowed for the removal of aliens. Included in the petition is a copy of a final administrative removal order dated April 15 that compels DHS and ICE to remove Mancuso to Italy, where he also has citizenship.

Immigration attorney Hector Mora attributes the delay to strong pressure from Colombia’s conservative government, which he claims is working closely with the U.S. State Department to bring Mancuso back to Colombia. If returned home, he argues his client is likely to be jailed, or even killed, despite having fulfilled his obligations under a 2003 peace deal he negotiated, which caps prison terms at eight years for militia leaders who confess their crimes.

“He and his family are terrified with his possible return to Colombia,” Mora wrote to ICE officials on March 27 — the same day Mancuso completed a 12-year sentence in the U.S. for cocaine trafficking.

Mancuso, 55, was the most remorseful of the former right-wing militia leaders after demobilizing and his eagerness to discuss the paramilitaries’ war crimes has already shaken Colombia’s politics.
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UN-backed court to issue verdicts in Lebanon’s Hariri case

Legal Business 2020/08/17 13:48   Bookmark and Share
More than 15 years after the truck bomb assassination of former Lebanese Prime Minister Rafik Hariri in Beirut, a U.N.-backed tribunal in the Netherlands is announcing verdicts this week in the trial of four members of the militant group Hezbollah allegedly involved in the killing, which deeply divided the tiny country.

The verdicts on Tuesday at the Special Tribunal for Lebanon, based in a village on the outskirts of the Dutch city of The Hague, are expected to further add to soaring tensions in Lebanon, two weeks after a catastrophic explosion at Beirut’s port that killed nearly 180 people, injured more than 6,000 and destroyed thousands of homes in the Lebanese capital.

Unlike the blast that killed Hariri and 21 others on Feb. 14, 2005, the Aug. 4 explosion was believed to be a result of nearly 3,000 tons of ammonium nitrate that accidentally ignited at Beirut’s port. While the cause of the fire that provided the trigger is still not clear, Hezbollah, which maintains huge influence over Lebanese politics, is being sucked into the public fury directed at the country’s ruling politicians.

Even before the devastating Beirut port blast, the country’s leaders were concerned about violence after the verdicts. Hariri was Lebanon’s most prominent Sunni politician at the time, while the Iran-backed Hezbollah is a Shiite Muslim group.

Tensions between Sunni and Shiites in the Middle East have fueled deadly conflicts in Syria, Iraq and Yemen and to a smaller scale in Lebanon. Some Lebanese see the tribunal as an impartial way of uncovering the truth about Hariri’s slaying, while Hezbollah ? which denies involvement ? calls it an Israeli plot to tarnish the group.
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