US Supreme Court could hear Charleston company, Lexmark case

Court News 2016/11/29 13:21   Bookmark and Share
A small Charleston company that refills and resells empty toner cartridges could soon be defending itself before the U.S. Supreme Court in a dispute that could affect huge tech companies and pharmaceutical firms.

Lexmark, a Lexington, Kentucky-based printing corporation, sued Impression Products, accusing the company of patent infringement for selling its cartridges, The Charleston Gazette-Mail reported.

At issue is what is known as the first-sale doctrine, a principle limiting a patent holder's rights after a product has been sold once.

Impression Products argued Lexmark's patents on its cartridges are no longer effective after the cartridges are sold, allowing the smaller company to sell them freely. Lexmark cartridges can cost up to hundreds of dollars, and Impression Products sells used ones at a lower price.

In February, a federal court sided with Lexmark, saying the corporation's patent rights weren't exhausted, regardless of whether the cartridges were being purchased from U.S. or foreign suppliers — Impression Products has purchased toner cartridges from Canadian suppliers in the past.

Last month, the federal government recommended the Supreme Court review the case.

Impression Products President Eric Smith explained that while this doesn't guarantee that the justices will review the case, it sharply increases the probability of it happening.

The implications of the case go beyond ink cartridges, as Samsung and Google have backed Impression Products' argument. The tech giants operate foreign supply chains that would have to jump through additional hoops if the first-sale doctrine did not apply for foreign purchases. Pharmaceutical companies such as Pfizer have supported Lexmark, with a Lexmark victory likely giving their own patents greater protection.

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Philippine court urged to order Marcos' remains exhumed

Court News 2016/11/20 12:48   Bookmark and Share
Human rights victims who suffered during the rule of Philippine dictator Ferdinand Marcos filed petitions Monday asking the Supreme Court to order the exhumation of his remains that were buried last week at the country's Heroes' Cemetery.

They also want the court to hold officials and his heirs in contempt for carrying out the burial before the court heard final appeals against it.

Former President Fidel Ramos, who played a key role in the peaceful army-backed revolt that ousted Marcos in 1986, called the former leader's burial at the military-run cemetery "an insult" to the sacrifices of soldiers and veterans.

Left-wing former lawmaker Saturnino Ocampo and other activists urged the court to hold Marcos' widow Imelda, their three children, Defense Secretary Delfin Lorenzana and two military officials in contempt for "the hasty, shady and tricky" burial on Friday of the long-dead president at the Heroes' Cemetery.

The petition said they should be fined and detained for mocking the legal process that gave petitioners 15 days to appeal the court's Nov. 8 ruling allowing the burial.

Opposition Rep. Edcel Lagman, who represents another group of petitioners, sought a court order to have the remains exhumed "because the hasty and surreptitious interment was premature, void and irregular."

He asked that the remains be examined to determine if they are not a wax replica. The secrecy-shrouded burial at the cemetery reserved for presidents, soldiers and national artists shocked democracy advocates and human rights victims, prompting street protests in Manila and other cities.

Marcos's rule was marked by massive rights violations and plunder. After being ousted in 1986, he flew to Hawaii, where he lived with his wife and children until he died in 1989.
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French court restores far-right candidate's ties to father

Court News 2016/11/15 12:48   Bookmark and Share
French presidential candidate Marine Le Pen thought she had cut the political cord with her controversial father by expelling him from the far-right party he founded, but a court ruled Thursday Jean-Marie Le Pen still is the National Front's honorary president.

While campaigning in next spring's presidential election, Marine Le Pen has worked to smooth her image and distance herself from her father's extremist views and anti-Semitic comments. Kicking him out of the party was part of her strategy.

The civil court outside that heard Jean-Marie Le Pen's reinstatement claim upheld the National Front's decision last year to expel him as a rank-and-file member. But the court also ruled that the 88-year-old firebrand can remain the party's honorary president.

As a result, the court ordered the National Front to summon the elder Le Pen to any high-level party meetings and to give him voting rights as an ex-officio member of all the party's governing bodies.

"No statutory provisions specify that the honorary president must be a member of the National Front," the judges said.

The court sentenced the party to pay Jean-Marie Le Pen 23,000 euros ($24,500) in damages and lawyers' fee.

"This can be called a success," his lawyer, Frederic Joachim, told reporters after the ruling was returned.

Joachim had asked the court for 2 million euros ($2.1 million) in damages because "it's a political life they tried to destroy at home and to cast scorn on abroad."

The party's lawyers didn't immediately comment on the ruling, which both sides can appeal.

The National Front ousted the party patriarch for a series of comments, including referring to Nazi gas chambers as a "detail" of World War II history.

Le Pen contends his comments were protected by freedom of expression, though he has been sentenced repeatedly in France for inciting racial hatred and denying crimes against humanity.
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Nevada high court considering email public records question

Court News 2016/11/14 12:48   Bookmark and Share
Neighbors' efforts to block the reopening of a mine in a historic Nevada mining town have unearthed a legal question about whether emails kept by elected officials on their personal devices are public records.

The Comstock Residents Association wants the Nevada Supreme Court to order Lyon County to release communications between county commissioners and Comstock Mining Inc. ahead of a January 2014 decision to allow mining again at Silver City.

The question focuses on whether the public has a right to government information contained on personal electronic devices and in personal email accounts.

Senior Washoe County District Court Judge Steven Kosach rejected the request earlier this year, ruling records on personal devices and accounts are outside the public agency's control and aren't covered under the Nevada Public Records Act.

The judge also found the communications were not official actions. But he acknowledged his ruling "may cause public employees to skirt the provision of the (public records law) by conducting business on their personal devices," the Las Vegas Review-Journal reported.

Barry Smith, director of the Nevada Press Association, said the lower court ruling allows the "electronic version of the old backroom deal."

"Officials could avoid the open-records law by conducting public business through their private phones and email accounts," Smith said.

In a brief filed Nov. 7 with the state high court, association attorney Luke Busby said the court's decision would provide "critical guidance" to public officials about access to public records.

In court filings, Busby noted that then-Commissioner Vida Keller said at the January 2014 commission meeting that she had contacted her colleagues outside the public meeting regarding the land-use change.

"As it turned out, Commissioner Keller and other members of the Lyon County Commissioners used their personal devices or email accounts to conduct official business," Busby said. "An otherwise public record does not lose public status simply because it was created, received or stored on a personal device or personal account."

A three-member panel of justices heard oral arguments in the case Sept. 14. It could be several months before a ruling is made.
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ICC prosecutors: US forces may have committed war crimes

Court News 2016/11/08 12:49   Bookmark and Share
U.S. troops and CIA agents could face investigation and possible charges by the International Criminal Court after its chief prosecutor said in a report that they may have committed war crimes by torturing detainees in Afghanistan.

"Members of US armed forces appear to have subjected at least 61 detained persons to torture, cruel treatment, outrages upon personal dignity on the territory of Afghanistan between 1 May 2003 and 31 December 2014," according to the report issued late Monday by Prosecutor Fatou Bensouda's office. Bensouda didn't immediately give any for further comment Tuesday.

The report added that CIA operatives may have subjected at least 27 detainees in Afghanistan, Poland, Romania and Lithuania to "torture, cruel treatment, outrages upon personal dignity and/or rape" between December 2002 and March 2008.

Most of the alleged abuse happened in 2003-2004, the report said, adding that Afghan government forces and the Taliban were also responsible for atrocities.

Prosecutors said they will decide "imminently" whether to seek authorization to open a full-scale investigation in Afghanistan that could lead to war crimes charges.

Param-Preet Singh, associate international justice director at Human Rights Watch, welcomed the publication Tuesday.
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Hawaii Supreme Court affirms Maui solar telescope permit

Court News 2016/11/05 12:50   Bookmark and Share
Hawaii's Supreme Court on Thursday affirmed a permit to build a solar telescope on a Maui mountain.

The ruling denies a challenge by a group seeking to protect the sacredness of the summit of Haleakala (hah-leh-AH'-ka-lah). The University of Hawaii followed proper procedure for an environmental assessment, the Supreme Court also ruled in a separate ruling.

Last year, eight people were arrested when protesters tried to stop a construction convoy heading to the solar telescope site. Kahele Dukelow, one of the protest leaders, said opponents are disappointed and considering what their next steps will be.

"We only have one alternative now," she said. "We have to continue to protest in other ways."

They hoped the decision would be similar to the court's ruling last year that invalidated a permit to build the Thirty Meter Telescope on the Big Island's Mauna Kea. That project has been the focus of more intense protests. Opposition to both telescopes cite concerns that the projects will desecrate sacred land.

The permit approval process was not "procedurally flawed by prejudgment" nor was it "flawed by impermissible ex parte communication," the court's 3-2 majority opinion said.

State Attorney General Doug Chin said his office will look into whether the rulings have any impact on future matters before the state land board, including the Thirty Meter Telescope.

"We are disappointed with the court's decision," said a statement from the Native Hawaiian Legal Corp., which represents the group that challenged the solar telescope project, Kilakila O Haleakala. "This decision impacts all who are concerned about the protection of Hawaii's natural and cultural resources."

Officials with the Daniel K. Inouye Solar Telescope didn't immediately comment.

"We are still reviewing the full decisions, but we look forward to 'first light' when the Daniel K. Inouye Solar Telescope will open a new era of discovery in Hawaii, about the sun and its daily impacts on all life on Earth," university President David Lassner said in a statement.

External construction of the Maui telescope is complete, with only internal work remaining, according to the university. The $340-million project is scheduled to be operational in 2019. Construction of the $1.4 billion Thirty Meter Telescope remains stalled pending a new contested case hearing scheduled to begin later this month.

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