Supreme Court won t reconsider death penalty for child rape: related news

Supreme Court won't reconsider death penalty for child rape

A five-justice majority says the court's ruling barring capital punishment in the rape of a child will stand, despite a military law allowing the death penalty in such cases.

Supreme Court Denies Dishs Petition On TiVo Patent Damage Award; TiVo Will Be Paid $104 Million

TiVo (NSDQ: TIVO) has scored another legal victory in its battle against the Dish Network. The U.S. Supreme Court has denied Dish’s appeal on a $74 million penalty for violating the patent on TiVo’s Time Warp, AP reported. In January, the U.S. Court of Appeals for the Federal Circuit agreed with a lower court that DVRs distributed by Dish, formerly known as EchoStar Communications (NSDQ: SATS), violated TiVo’s Time Warp feature, which covers devices that can record, store, play, rewind and fast forward live TV. That ruling overturned the lower court’s finding that Dish also infringed on the patent’s hardware elements. Two years ago, a Texas jury found that Dish had violated TiVo’s patent and awarded the company $94 million in damages.

US Supreme Court Allows Sonar Use

gollum123 writes "The US Supreme Court has removed restrictions on the Navy's use of sonar in training exercises near California. The ruling is a defeat for environmental groups who say the sonar can kill whales and other mammals. In its 5-4 ruling, the Supreme Court said the Navy needed to conduct realistic training exercises to respond to potential threats. The court did not deal with the merits of the claims put forward by the environmental groups. In reinstating the use of sonar, the top US court rejected a lower federal judge's injunction that had required the US Navy to take various precautions during submarine-hunting exercises. The Bush administration argued that there is little evidence of harm to marine life in more than 40 years of exercises off the California coast.

As Google Settlement Now Seeks Court Approval, Rejected Tasini Settlement Shoots for Supreme Court Review

As Google Settlement Now Seeks Court Approval, Rejected Tasini Settlement Shoots for Supreme Court Review

PA Court Says Calculating a Hash Value = Search

bfwebster writes "Orin Kerr over at The Volokh Conspiracy (a great legal blog, BTW) reports on a US District Court ruling issued just last week which finds that doing hash calculations on a hard drive is a form of search and thus subject to 4th Amendment limitations. In this particular case, the US District Court suppressed evidence of child pornography on a hard drive because proper warrants were not obtained before imaging the hard drive and calculating MD5 hash values for the individual files on the drive, some of which ended up matching known MD5 hash values for known child pornography image and video files. More details at Kerr's posting." Update: 10/28 16:23 GMT by T : Headline updated to reflect that this is a Federal District Court located in Pennsylvania, rather than a court of the Commonwealth itself.

Copyright Alliance wants the Supreme Court to overturn a lower court's decision that gave the greenlight to Cablevision's so-called 'Remote-Storage Digital Video Recorder'

The Copyright Alliance, a trade group representing content owners, has filed an amicus brief with the U.S. Supreme Court that seeks to overturn a lower court's decision that favored Cablevision Systems Corp. (NYSE: CVC - message board)'s so-called Remote-Storage Digital Video Recorder (RS-DVR).

US District Court Says Calculating a Hash Value = Search

bfwebster writes "Orin Kerr over at The Volokh Conspiracy (a great legal blog, BTW) reports on a US District Court ruling issued just last week which finds that doing hash calculations on a hard drive is a form of search and thus subject to 4th Amendment limitations. In this particular case, the US District Court suppressed evidence of child pornography on a hard drive because proper warrants were not obtained before imaging the hard drive and calculating MD5 hash values for the individual files on the drive, some of which ended up matching known MD5 hash values for known child pornography image and video files. More details at Kerr's posting." Update: 10/28 16:23 GMT by T : Headline updated to reflect that this is a Federal District Court located in Pennsylvania, rather than a court of the Commonwealth itself.

Court Must Vacate Kentucky Court's Domain Name Seizure

Frankfort, KY - The Electronic Frontier Foundation (EFF), the Center for Democracy and Technology (CDT), and the American Civil Liberties Union (ACLU) urged a Kentucky Court of Appeals Wednesday to vacate a lower court's order authorizing the seizure of more than 100 Internet domain names associated with websites operating around the globe. The seizure, and the lower court's exercise of jurisdiction over global domain names, threatens free speech across the Internet. In a move to combat what it viewed as illegal online gambling, the Commonwealth of Kentucky convinced a state court to "seize" 141 domain names because the names allegedly constituted "gambling devices" that are banned under Kentucky law -- even though the sites were owned and operated by individuals outside of the state, and in many cases even outside of the country.

BCCI moves Supreme Court over perjury charges

The BCCI has moved Supreme Court challenging the Calcutta High Court's directive to initiate criminal proceedings against six top board officials, including president Shashank Manohar and former president Sharad Pawar. The court directive relates to charges of perjury - filing a false affidavit - in a case involving Jagmohan Dalmiya's expulsion from the Indian board.

District Court Affirms Patent Infringement Rulings and Finds That Amgen is Entitled to a Permanent Injunction against Roche

THOUSAND OAKS, Calif.--(BUSINESS WIRE)--Amgen (NASDAQ:AMGN) announced today that the United States (U.S.) District Court in Boston issued its written decision upholding the prior jury verdict and court rulings regarding the infringement, validity and enforceability of 10 claims of four of Amgen's erythropoietin (EPO) patents. The Court also ruled that Amgen is entitled to a permanent injunction prohibiting Roche from selling its pegylated-erythropoietin (peg-EPO) product MIRCERA in the U.S. Previously, the Court entered a preliminary injunction preventing Roche from selling peg-EPO, and Roche has appealed that ruling. In today's decision, the District Court stated that it would enter a permanent injunction once the appeal of the preliminary injunction is resolved.

District Court Affirms Patent Infringement Rulings and Finds That Amgen is Entitled to a Permanent Injunction against Roche

THOUSAND OAKS, Calif.--(BUSINESS WIRE)--Amgen (NASDAQ:AMGN) announced today that the United States (U.S.) District Court in Boston issued its written decision upholding the prior jury verdict and court rulings regarding the infringement, validity and enforceability of 10 claims of four of Amgen's erythropoietin (EPO) patents. The Court also ruled that Amgen is entitled to a permanent injunction prohibiting Roche from selling its pegylated-erythropoietin (peg-EPO) product MIRCERA in the U.S. Previously, the Court entered a preliminary injunction preventing Roche from selling peg-EPO, and Roche has appealed that ruling. In today's decision, the District Court stated that it would enter a permanent injunction once the appeal of the preliminary injunction is resolved.

Supreme Court Denies Dish Appeal In Patent Case

The U.S. Supreme Court has denied an appeal by satellite operator Dish Network to overturn a lower court’s ruling that its digital video recorder (DVR) set-tops infringed on a “time-warp� patent held by DVR pioneer TiVo.

Sales tax controversy: FBR moves Supreme Court against LHC verdict

ISLAMABAD (October 09 2008): The Supreme Court of Pakistan would hear the case of a tax controversy to ascertain whether the sales tax could be collected on the transportation charges under the Sales Tax Act, 1990. The Federal Board of Revenue (FBR) has filed an appeal against the judgement of Lahore High Court (LHC), which has declared that there is no charge on transportation under Sales Tax Act.

Copyright Alliance Urges Supreme Court to Take RS-DVR Case

The Copyright Alliance has filed an amicus curiae brief asking the United States Supreme Court to grant cert in a contentious case involving copyright owners and new television-recording technology. "This case embodies the challenge facing courts regarding balancing the rights inherent in copyright ownership with consumer interest in new technologies," says Carole E. Handler, an IP litigator with Wildman Harrold (Los Angeles), who has argued several precedent-setting cases involving the intersection of IP and developing technology. In the current case, a district court judge originally sided with content owners, finding Cablevision's remote digital recording system (RS-DVR) infringed on the rights of copyright owners. That decision was reversed by the Second Circuit.

TiVo Wins Appeal On Patents For Pause, Ffwd, Rwd

Lorien_the_first_one writes "After years of wrangling, TiVo has won its day in court against Dish Network, formerly known as the EchoStar, when the Supreme Court declined to take up Dish Network's appeal, forcing the satellite television company to pay $104 million in damages. According to the article, 'TiVo originally won a patent infringement case in 2004 against Dish, which was then named EchoStar Communications. It charged that Dish illegally copied its technology, which allows people to pause, rewind, and record live television on digital video recorders.' Despite an injunction, Dish continued distributing its set-top boxes in the belief that the work-around they had implemented avoided infringing TiVo's patents. Now the case goes back to the lower court for review to determine if they did indeed steer clear of those patents.

TiVo Gets $104.6 Million from Echostar in Patent Case

TiVo said it has received the $104.6 million in damages from EchoStar that it won when the U.S. Supreme Court denied an appeal of a patent infringement case. TiVo said in a statement that it received the damages following the Supreme Court's decision not to review an appellate court's ruling.

Read the article: Reuters

Court's mediation services under-utilised, says Chief Justice

Chief Justice of the Eastern Caribbean Supreme Court, Justice Hugh RawlinsChief Justice of the Eastern Caribbean Supreme Court, Justice Hugh Rawlins is seeking to have Courts proactively recommend mediation to litigants.

Court Upholds Patent Ruling Against Qualcomm

The U.S. Court of Appeals for the Federal Circuit ruled alongside a lower court in a patent dispute case brought forth by Broadcom against Qualcomm. "[T]he district court did not abuse its discretion in issuing a permanent injunction," the Court of Appeals said in a release.

Court Rules in Favor of LG Electronics in Patent Case

SEOUL, South Korea, Oct. 26 /PRNewswire/ -- A federal appeals court has ruled in favor of LG Electronics in a long-standing patent dispute with Whirlpool Corporation. The U.S. Court of Appeals for the Federal Circuit upheld a U.S. District Court decision in a case involving two Whirlpool patents related to clothes washers. Whirlpool filed this action against LG in the District Court of Michigan, Whirlpool's home state, after an impeller type washing machine, designed and produced by LG Electronics, was introduced in the U.S. market. Whirlpool demanded a jury trial and sought an award of damages and an order stopping sales of the washer. The decision of the Federal Circuit confirmed the right to market LG's advanced "impeller" washing machine technology in the United States despite Whirlpool's efforts to remove competing washers from the m

German Court Finds WG-Sensorsense GMBH Has Infringed A Key Sensormatic® Anti-Theft Tag Patent

A German appellate court recently found WG-Sensorsense GmbH has infringed a patent on the Sensormatic SuperTag® technology. The court's ruling prohibits WG-Sensorsense GmbH from selling its infringing SuperSensor and one-time-use hard tags from its German distribution facilities. The court will determine damages after WG-Sensorsense accounts for its sales of those products. The company is also responsible for legal costs incurred to bring the court case against them.

US Appeals Court affirms that Qualcomm infringed two Broadcom patents

The US Court of Appeals for the Federal Circuit upheld a unanimous jury verdict that Qualcomm's cellular chips and software infringed two Broadcom patents, and upheld the injunction entered by the district court on those two patents. The appeals court also rejected Qualcomm's request for a new trial. The court ruled that a third patent was invalid.

In Huge Shift, Court Ruling Effectively Denies Software-Only Patent Rights

Today, a Federal court of appeals ruling definitely caught the attention of tech companies world wide: in a 9-3 ruling, the court effectively made patenting anything not directly related to an actual machine or object—most purely software-only patents, for example—against the law. As you might imagine, this has massive implications, and the battle is likely to carry on to the Supreme Court.

German court drops hammer on Google thumbnails

In a pair of cases brought in Germany, judges have ruled that Google is violating copyright law by including thumbnail previews in image searches, Bloomberg reports today. The Hamburg Regional Court sided with photographer Michael Bernhard and artist Thomas Horn in two rulings that the search sovereign’s automated inclusion of little previews made improper use of their work. “It doesn’t matter that thumbnails are much smaller than original pictures and are displayed in a lower resolution,� the court said in the Bernhard case. “By using photos in thumbnails, no new work is created.� In a similar case in the U.S., a court initially sided with the plaintiff, skin shot purveyor Perfect 10, but an appeals court later held that the thumbnail images constituted fair use (see “Ruling frees Google to include all the nudes fit to prin

U.S. Appeals Court Affirms Jury Verdict That Qualcomm Infringes Two Broadcom Patents

PRNewswire-FirstCall/ -- Broadcom Corporation (BRCM), a global leader in semiconductors for wired and wireless communications, announced that the U.S. Court of Appeals for the Federal Circuit today upheld a unanimous jury verdict that Qualcomm Incorporated (QCOM) cellular chips and software infringe two Broadcom(R) patents, and upheld the injunction entered by the district court on those two patents. The appeals court also rejected Qualcomm's request for a new trial. The court ruled that a third patent was invalid.

U.S. Appeals Court Affirms Jury Verdict That Qualcomm Infringes Two Broadcom Patents

PRNewswire-FirstCall/ -- Broadcom Corporation (Nasdaq: BRCM), a global leader in semiconductors for wired and wireless communications, announced that the U.S. Court of Appeals for the Federal Circuit today upheld a unanimous jury verdict that Qualcomm Incorporated (Nasdaq: QCOM) cellular chips and software infringe two Broadcom(R) patents, and upheld the injunction entered by the district court on those two patents. The appeals court also rejected Qualcomm's request for a new trial. The court ruled that a third patent was invalid.

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