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California Supreme Court: prisoners must get lawyer when challenging convictions for killings committed by others

JURIST

The California Supreme Court held Monday that prisoners are entitled to a lawyer before a trial court can consider their record of conviction in determining whether the prisoners may challenge their murder convictions for killings committed by others. The new law in question was California Senate Bill No.

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Making a Proper Determination of Obviousness

Patently O

While these new guidelines are not legally binding, they offer important insight into how the Office plans to apply an even more flexible approach to obviousness — something Director Vidal sees as mandated by the Supreme Court’s 2007 decision in KSR Int’l Co. Reiterating the Central Role of Graham v. John Deere.

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Jury Instructions and Objective Indicia of Nonobviousness: Federal Circuit Grants New Trial in Inline Plastics v. Lacerta

Patently O

In a recent decision, the Federal Circuit vacated a judgment of invalidity and remanded for a new trial, holding that the district court’s jury instruction on objective indicia of nonobviousness constituted prejudicial legal error. The case, Inline Plastics Corp. Lacerta Group, LLC , No. 2022-1954 (Fed. See Graham v.

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Supreme Court on Patent Law: November 2023

Patently O

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. More detail on each case below: MacNeil v.

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No Mandamus Relief in Privilege Ruling

Patently O

Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus filed by Cozy, Inc. seeking to set aside a district court discovery order piercing attorney-client privilege. Because attorney-client privilege is typically so strongly protected by the legal system, the exception is typically narrowly construed.

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Obviousness and Pharmaceutical Method of Treatment Claims

Patently O

by Dennis Crouch In April 2024, the Federal Circuit issued a significant decision vacating a district court’s judgment that Janssen Pharmaceuticals’ dosing regimen patent claims were nonobvious. The case involved Janson’s U.S. Overall, this is a bad case for pharmaceutical formulary patents. Janssen Pharms.,

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Can Trump Escape Accountability?  

The Crime Report

In an on-screen world where the storyline of the central character has only gone from bad to worse and the plotlines have morphed into “good” versus “evil” narratives, the all-powerful superhero Attorney General Merrick Garland will sooner or later have to do battle with the all-powerful supervillain Donald J. The Indefatigable Liar.