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Supreme Court sides with Alabama company in patent dispute
Court News | 2019/06/10 14:10
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.


Kenya's Judges Uphold Laws That Criminalize Gay Sex
Court News | 2019/05/26 18:43
Kenya's High Court has chosen to uphold colonial-era laws that criminalize gay sex, dashing the hopes of activists who believed the judges would overturn sections of the penal code as unconstitutional and inspire a sea change across the continent.

Three judges said Friday that the laws in question did not target the LGBTQ community. They were not convinced that people's basic rights had been violated, they said.

"We are not persuaded by the petitioners that the offenses against them are overboard," one of the judges said, according local media.

The case stems from to a petition filed in 2016 by activist Eric Gitari, with the support of organizations serving LGBTQ Kenyans. They argued that two sections of Kenya's penal code violated people's rights: Article 162 penalizes "carnal knowledge ... against the order of nature" with up to 14 years in prison, and Article 165 castigates "indecent practices between males" with the possibility of five years' imprisonment.


Brazil's supreme court votes to make homophobia a crime
Court News | 2019/05/23 14:41
A majority in Brazil's supreme court has voted to make homophobia and transphobia crimes like racism, a decision coming amid fears the country's far-right president will roll back LGBT social gains.

Six of the Supreme Federal Tribunal's 11 judges have voted in favor of the measure. The five other judges will vote in a court session on June 5, but the result will not be modified. The measure will take effect after all the justices have voted.

Racism was made a crime in Brazil in 1989 with prison sentences of up to five years. The court's judges ruled that homophobia should be framed within the racism law until the country's congress approves legislation specifically dealing with LGBT discrimination.

Brazil's Senate is dealing with a bill to criminalize discrimination based on sexual orientation or gender with sentences of up to five years.

"Racism is a crime against flesh and blood, whether it is a member of the LGBT community, a Jew or an Afro-descendant," justice Luiz Fux said Thursday.


Feds: US Supreme Court should turn down 'Bridgegate' appeal
Court News | 2019/05/16 08:43
The U.S. solicitor general's office has recommended that the U.S. Supreme Court not hear the appeal of two convicted defendants in the "Bridgegate" case, nudging the four-year legal saga of New Jersey's most famous traffic jam toward a conclusion.

"Further review is not warranted," the brief filed late Wednesday said. The Supreme Court is expected to decide whether to hear the case by the end of its term next month.

Bridget Kelly and Bill Baroni want the court to hear the appeal of their 2016 convictions for causing gridlock near the George Washington Bridge to punish a mayor for not endorsing their boss, former Republican Gov. Chris Christie.

Christie wasn't charged, but the revelations from the scandal and conflicting accounts of when he knew about the plot combined to sabotage his 2016 presidential aspirations.

Kelly, Christie's former deputy chief of staff at the time of the 2013 lane realignments in the town of Fort Lee, and Baroni, deputy executive director of the Port Authority of New York and New Jersey, had their sentences reduced this spring after a federal appeals court tossed some convictions last fall. Kelly petitioned the Supreme Court to consider the rest of the convictions, and Baroni joined in the appeal.

They argued that while their actions may have been ethically questionable, they weren't illegal because neither derived personal benefit, and the Port Authority, which operated the bridge, wasn't deprived of tangible benefits as a result of the scheme.


Students in Colorado shooting face murder, other charges
Court News | 2019/05/12 08:45
Two students suspected of opening fire at their school are charged with over a dozen counts of murder and attempted murder as well as theft and arson, prosecutors said Wednesday.

The charges came on the same day a memorial service was being held for the one student who was killed in the May 7 shooting at the STEM School Highlands Ranch on May 7. Wight students were injured.

The accused gunmen, 18-year-old Devon Erickson and 16-year-old Alec McKinney, were arrested at the school and investigators say they opened fire inside using handguns.

The charges were listed in electronic court records. It wasn't clear if McKinney was being charged as an adult.

The celebration of 18-year-old Kendrick Castillo's life will be held at Cherry Hills Community Church in Highlands Ranch. The senior was just days from graduating when he was fatally wounded.

Castillo along with classmates Brendan Bialy and Joshua Jones are credited with helping minimize the bloodshed by charging at one of the suspects in a classroom.

According to Bialy, Castillo sprang into action against the shooter "and immediately was on top of him with complete disregard for his own safety." Jones said he was shot twice in the leg during the ordeal. Bialy said he was able to take the attacker's weapon.

All the injured students have been released from hospitals.


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