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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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No straight grants at yesterday’s conference

At the Lectern

At the Supreme Court’s conference yesterday, there were no straight grants , but there were some actions of note, including: Racial Justice Act. The court yesterday denied review and a depublication request in one case involving that legislation, Mosby v. Superior Court , which attracted significant amicus curiae interest.

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Making a Proper Determination of Obviousness

Patently O

Still, the guidelines spend some time on the requirements of a prima facie case; the necessity of both evidence and reasoning to support any obviousness rejection; and consideration of all evidence before the examiner. The updated guidance underscores that the factual inquiries set forth by the Supreme Court in Graham v.

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Supreme Court affirms death penalty, with a Batson dissent

At the Lectern

The Supreme Court today affirms the death sentence in People v. The court’s opinion is authored by Justice Mariano-Florentino Cuéllar. and California Supreme Court decisions holding it unconstitutional for an attorney to racially discriminate in peremptorily challenging prospective jurors.

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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. The district court construed several key claim terms.

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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.

Court 73
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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.