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UK court sides with Samsung in Apple suit
Court News | 2012/10/22 14:55
Britain's Court of Appeal has backed a judgment that Samsung's Galaxy
tablet computer is "not as cool" as Apple's iPad — and therefore
doesn't infringe Apple's rights.

The panel's upholding of the findings of by a lower court endorses the
U.K. judgment which made headlines around the world when it was handed
down in July. Judge Colin Birss had then gushed over Apple's design,
while knocking back the company's case against its rival.

"The extreme simplicity of the Apple design is striking," Birss wrote
at the time, enthusing over its "undecorated flat surfaces," its "very
thin rim" and "crisp edge."

"It is an understated, smooth and simple product," Birss wrote, saying
that Samsung's products "are not as cool."

On Thursday, the Court of Appeal agreed unanimously with Birss, with
Judge Robin Jacob ordering Apple to publicize the court rulings to
make sure consumers knew that Samsung wasn't a copycat.

"The acknowledgement must come from the horse's mouth," Jacob said.
"Nothing short of that will be sure to do the job completely."

Kim Walker, a partner with English law firm Thomas Eggar LLP, said
that the ruling was an endorsement of Samsung's originality — if not
its design.

"It appears that you don't have to be cool to be original when it
comes to intellectual property rights," she wrote in an email. "You
just have to be different!"

The British case is just one of several in Apple and Samsung's
international copyright battle, which has raged across Europe and the
United States.


High court begins new term with human rights case
Court News | 2012/10/08 15:00
The Supreme Court opened its new term Monday with a high-stakes dispute between businesses and human rights groups over accountability for foreign atrocities.

The justices appeared ready to impose new limits on lawsuits brought in U.S. courts over human rights violations abroad.

The argument was the first in a term that holds the prospect for major rulings about affirmative action, gay marriage and voting rights.

Meeting on the first Monday in October, as required by law, the justices entered the crowded marble courtroom for the first time since their momentous decision in late June that upheld President Barack Obama's health care overhaul.

The lineup of justices was the same as in June, but the bench had a slightly different look nonetheless. Justice Antonin Scalia was without the glasses he no longer needs following cataract surgery over the summer.

Chief Justice John Roberts formally opened the term and the court turned quickly to its first argument.

The dispute involves a lawsuit filed against Royal Dutch Petroleum over claims that the oil company was complicit in abuses committed by the Nigerian government against its citizens in the oil-rich Niger Delta.


Justices step back from Pa. court funding dispute
Court News | 2012/09/27 15:33
The Pennsylvania Supreme Court is declining a request by county governments that the justices force the General Assembly to provide more money for state courts and bring more uniformity to the court system.

The court ruled unanimously on Wednesday against the County Commissioners Association of Pennsylvania and 10 counties. The decision could end litigation over funding levels and uneven standards across the state that goes back a quarter century.

Chief Justice Ronald Castille's written opinion says there's been progress in recent years and the justices believe that "further enhancements" of the state courts should be a product of cooperation among the three branches of government.

An association spokesman says he's disappointed, while spokesmen for state House and Senate leaders didn't immediately respond to messages.


MacDonald goes to court in 'Fatal Vision' case
Court News | 2012/09/20 16:06
Jeffrey MacDonald, a clean-cut Green Beret and doctor convicted of killing of his pregnant wife and their two daughters, is getting another chance to try proving his innocence — more than four decades after the nation was gripped by his tales of Charles Manson-like hippies doped up on acid slaughtering his family.

The case now hinges on something that wasn't available when he was first put on trial: DNA evidence. A federal judge planned to hold a hearing Monday to consider new DNA evidence and witness testimony that MacDonald and his supporters say will finally clear him of a crime that became the basis of Joe McGinniss' best-selling book "Fatal Vision" and a made-for-TV drama.

It's the latest twist in a case that has been the subject of military and civilian courts, intense legal wrangling and shifting alliances.


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