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UK court sides with Samsung in Apple suit
Court News |
2012/10/22 14:55
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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. |
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Lawyer: Bahrain court postpones activist's appeal
Legal News Feed |
2012/10/19 14:55
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A defense lawyer in Bahrain says a court has prolonged the appeal of
an imprisoned human rights activist by ordering another hearing next
month.
Nabeel Rajab is challenging his three-year prison sentence for
allegedly encouraging illegal protests and violence in the
strife-wracked Gulf nation, which is home to the U.S. Navy 5th Fleet.
He is among the most high-profile prisoners in Bahrain's crackdowns.
The country has been hit by near-daily unrest since February 2011,
when its Shiite majority began an uprising demanding a greater
political voice in the Sunni-ruled nation.
Attorney Mohammed al-Jishi says the court on Tuesday set Rajab's next
hearing for Nov. 8.
Also Tuesday, authorities detained another rights campaigner, Mohammed
al-Maskati, the president of the Bahrain Youth Society for Human
Rights. |
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Ohio appeals to Supreme Court on early voting
Legal News Feed |
2012/10/12 13:04
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Ohio's election chief on Tuesday appealed a ruling that reinstates the final three early voting days in the battleground state, calling a decision last week by a federal appeals court "an unprecedented intrusion" into how states run elections.
Secretary of State Jon Husted asked the U.S. Supreme Court to decide whether the state Legislature or federal courts should set Ohio election laws.
Husted, a Republican, also asked the court to delay the lower court's decision while the Supreme Court decides whether to take the case.
Husted said Friday's decision by the 6th U.S. Circuit Court of Appeals would affect how elections are run in all 50 states. The appeals court in Cincinnati affirmed a lower court ruling and returned discretion to set hours on the final three days to local boards of elections.
"This ruling not only doesn't make legal sense, it doesn't make practical sense," Husted, a Republican, said in a statement.
He said it opened up the chance for Ohio's 88 county boards of elections to set different rules, while at the same time ordering that all voters be treated the same. Husted said he will be consulting with those boards to craft a directive that sets uniform hours on the three disputed days in the event his appeal isn't successful. |
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Court upholds RI lawyer's corruption conviction
U.S. Court News |
2012/10/10 13:04
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A federal appeals court has upheld the corruption conviction of a former North Providence town attorney who facilitated bribes to three town councilmen.
Robert Ciresi was convicted in April 2011 of bribery, extortion and conspiracy charges. The jury found he arranged and delivered a $25,000 bribe to then-Councilman John Zambarano after the town council rezoned a plot of land so a supermarket could be built there. Ciresi also helped put Zambarano in touch with a middleman on a separate $75,000 bribe related to a mill development.
Among other issues, Ciresi’s lawyers argued to the appeals court that the lower court incorrectly allowed prosecutors to play for the jury audiotapes that were made of Zambarano discussing Ciresi’s role in the scheme, arguing it constituted hearsay evidence.
The 1st U.S. Circuit Court of Appeals on Friday disagreed and upheld the conviction, as well as Ciresi’s sentence of five years and three months in prison.
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