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Supreme Court sides with Alabama company in patent dispute
Legal Information |
2019/06/08 16:56
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The Supreme Court sided Monday with an Alabama technology company over the U.S. Postal Service in a patent dispute.
The dispute before the justices had to do with U.S. Patent No. 6,826,548. That's the patent Birmingham-based Return Mail has for a system that uses barcodes, scanning equipment and computer databases to process returned mail almost entirely automatically. The Postal Service initially expressed interest in Return Mail's invention but ultimately developed its own, similar system. That led to a dispute over the company's patent.
On Monday, the court sided 6-3 with Return Mail. Of the Postal Service's arguments, Justice Sonia Sotomayor deadpanned in an opinion : "None delivers."
The dispute began when the Postal Service tried and failed to get Return Mail's patent invalidated. Return Mail sued, arguing that the government should pay for using its invention without permission.
Just as Return Mail thought it might be gaining the upper hand, the Postal Service switched tactics, using a 2011 law to challenge Return Mail's patent. The Leahy-Smith America Invents Act says that a "person who is not the owner of a patent," can file a patent challenge using the law. The Postal Service argued it counted as a "person" under the law, but the Supreme Court disagreed. |
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Carnival will pay $20m over pollution from its cruise ships
Law Firm Press Release |
2019/06/05 12:27
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Carnival Corp. reached a settlement Monday with federal prosecutors in which the world’s largest cruise line agreed to pay a $20 million penalty because its ships continued to pollute the oceans despite a previous criminal conviction aimed at curbing similar conduct.
Senior U.S. District Judge Patricia Seitz approved the agreement after Carnival CEO Arnold Donald stood up in open court and admitted the company’s responsibility for probation violations stemming from the previous environmental case.
“The company pleads guilty,” Arnold said six times in a packed courtroom that include other senior Carnival executives, including company chairman and Miami Heat owner Micky Arison.
“We acknowledge the shortcomings. I am here today to formulate a plan to fix them,” Arnold added
“The proof will be in the pudding, won’t it?” the judge replied. “If you all did not have the environment, you would have nothing to sell.”
Carnival admitted violating terms of probation from a 2016 criminal conviction for discharging oily waste from its Princess Cruise Lines ships and covering it up. Carnival paid a $40 million fine and was put on five years’ probation in that case, which affected all nine of its cruise brands that boast more than 100 ships.
Now Carnival has acknowledged that in the years since its ships have committed environmental crimes such as dumping “gray water” in prohibited places such Alaska’s Glacier Bay National Park and knowingly allowing plastic to be discharged along with food waste in the Bahamas, which poses a severe threat to marine life.
The company also admitted falsifying compliance documents and other administrative violations such as having cleanup teams visit its ships just before scheduled inspections.
Seitz at an earlier hearing threatened to bar Carnival from docking at U.S. ports because of the violations and said she might hold executives individually liable for the probation violations.
“The concern I have is that senior management has no skin in the game,” Seitz said, adding that future violations might be met with prison time and criminal fines for individuals. “My goal is to have the defendant change its behavior.”
Under the settlement, Carnival promised there will be additional audits to check for violations, a restructuring of the company’s compliance and training programs, a better syst |
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Swedish court rules not to extradite Assange for rape probe
Legal Information |
2019/06/03 12:26
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WikiLeaks founder Julian Assange should not be extradited to Sweden for a revived rape investigation, but should still be questioned in the case while he is imprisoned in Britain, a Swedish court ruled Monday,
The ruling by the Uppsala District Court doesn't mean the preliminary investigation must be abandoned, only that Assange doesn't face extradition to Sweden any time soon.
Eva-Marie Persson, Sweden's deputy director of public prosecutions, said she has not decided whether to appeal.
"I will also issue a European Investigation Order in order to interview Julian Assange," Persson said, adding that she hasn't picked a possible date for the questioning in England.
Assange's lawyer in Sweden, Per E. Samuelsson, said his client would "be happy, we are happy" to learn he won't be extradited to Sweden.
The 47-year-old Assange was evicted on April 11 from the Ecuadorian Embassy in London, where he had been holed up with political asylum since 2012. He was immediately arrested by British police and is currently serving a 50-week sentence for jumping bail in 2012.
He is also fighting extradition to the United States, which accuses him of violating the Espionage Act by publishing secret documents hacked from the Pentagon containing the names of confidential military and diplomatic sources. |
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Judge vows to move fast ahead of July 1 UPMC-Highmark split
Legal World News |
2019/06/02 12:25
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A Pennsylvania judge plans to rule in a couple weeks about whether and how a five-year consent decree that’s about to expire between two mammoth health care providers and the attorney general’s office can be modified.
Commonwealth Court Judge Robert Simpson on Friday scheduled a two-day hearing about the future of the fraught business relationship Highmark and UPMC.
The state Supreme Court earlier this week asked for the proceedings, and it’s all but certain that the justices will review whatever Simpson determines.
The consent decree the companies signed in 2014 is set to expire at the end of June, triggering higher costs for Highmark insurance customers who get treatment at UPMC’s vast network in western Pennsylvania.
Simpson says he hopes to rule by June 14. |
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