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Bankruptcy threat to iPad trademark challenger
Court Watch | 2012/03/04 09:13
A major creditor of Proview Electronics, which is challenging Apple Inc.'s use of the iPad trademark, has moved to have the ailing computer monitor maker liquidated, reports said Monday.

Taiwan-based Fubon Insurance is seeking $8.68 million in debts and has filed an application to have Proview declared bankrupt, the reports by the Xinhua News Agency and other mainland media said.

Proview's mainland Chinese subsidiary is based in the southern export zone of Shenzhen, where an official at the city's Intermediate Court said he expected an announcement regarding the case soon.

"It's a sensitive case in a sensitive period of time, so we won't comment or release information while we will have an announcement in the near future," said the official who gave only his surname, Zhu.

Proview lawyer Ma Dongxiao said the company believes its financial problems won't affect the handling of a court case in which Apple is appealing a ruling against its claim to the iPad trademark in China.



Mattel appeals $310M award in Bratz copyright case
Court Watch | 2012/03/02 10:19
Mattel Inc. appealed a $310 million award in its eight-year legal fight over Bratz dolls but will no longer pursue its claim that a rival toy maker infringed on its copyright by developing the lucrative line.

In court papers filed with the 9th Circuit Court of Appeals, attorneys for Mattel said the company disagreed with the jury finding that MGA Entertainment didn't steal the idea for the pouty-lipped, hip hop-inspired dolls but wouldn't challenge it after the grueling legal battle.

"While we continue to believe that the Bratz designs ... were owned by Mattel, we've decided not to appeal that aspect of the verdict, because we do not wish to have another lengthy trial on the Bratz claims," Mattel spokesman Alan Hilowitz said Thursday.

However, El Segundo-based Mattel did ask the appeals court in the papers filed Monday to reverse the financial judgment entered by a judge based on a jury verdict. The award included $172 million in damages for MGA for misappropriation of trade secrets, and $137 million for MGA in attorney fees and defense costs.



Supreme Court 101 in session at high court
Court Watch | 2012/02/27 10:17
George Mason University law student Matthew Long still has three months of schoolwork before graduation, but this week he and two classmates had a case before the Supreme Court.

The group of students is part of a new class dedicated to Supreme Court work at the Fairfax, Va., school. Nationwide, more than a half dozen law schools offer similar courses.

The students don't get to argue the cases. They aren't even lawyers yet. But students participating in the so-called Supreme Court clinics get to do everything else: research issues, draft briefs and consult with the lawyer actually presenting the case to the high court.

"We're all very much aware that you can go your entire legal career without ever being on a case before this court, and it's unbelievable that we'd have this experience as law students," Long, 26, said as he stood outside the Supreme Court after Monday's arguments in a case about a man in prison for murder in Colorado and time limits involved in his case.

Stanford University started the first Supreme Court clinic for students in 2004 and is still involved in the most cases. But schools with clinics now include Harvard University, Yale University, the University of Virginia and the University of Texas. In the past three years, clinics report that students have been involved in about 1 out of every 6 cases argued before the court. This week, students are participating in two of the court's cases.



British arms-to-Iran suspect faces Texas court
Court Watch | 2012/02/27 10:16
A retired British businessman is to appear in a federal court in El Paso after being extradited last week on charges that he tried to sell missile batteries to Iran in 2006.

Christopher Tappin turned himself in Friday after fighting extradition from the United Kingdom for two years. Two other men were sentenced in 2007 to 20 and 24 months in federal prison for their roles in the scheme.

The 65-year-old Tappin was denied a final appeal of his extradition last month and delivered to El Paso by federal marshals. His deportation sparked a debate in the U.K. over whether British and American citizens are treated equally under the two countries' extradition treaty.

Don Cogdell, Tappin's attorney in Texas, said he plans to aggressively push to have Tappin granted bail.


NY court decision bolsters anti-fracking movement
Court Watch | 2012/02/23 09:45
A New York court decision has bolstered a movement among towns determined to prevent the controversial practice of hydraulic fracturing for natural gas within their borders.

A state Supreme Court justice on Tuesday upheld the town of Dryden's August 2011 zoning amendment banning gas drilling. Denver-based Anschutz Exploration Corporation, which has spent $5.1 million leasing and developing 22,000 acres in Dryden, about 40 miles southwest of Syracuse, had argued state law trumped the ban.

More than 50 New York communities have enacted gas-drilling bans. Binghamton attorney Helen Slottje, who helps draft such laws, says the ruling should embolden towns considering local bans.

"We think it's a terrific vindication of the town's right to home rule and to decide their future," Slottje said Wednesday. "It really should give the green light to communities that want to proceed down this route."

Albany attorney Tom West, who represented Anschutz, said the trial-level state court decision is likely to be appealed to the mid-level Appellate Division and, if necessary, to the state Court of Appeals.

"We remain confident in our position that municipalities cannot ban natural gas drilling in New York state," West said.

Another challenge of a municipal gas-drilling ban is pending in Otsego County, where Cooperstown Holstein Corp. sued the town of Middlefield over a ban similar to Dryden's. The lawsuit says the landowner has leased nearly 400 acres to a gas-drilling company and the ban would block the economic benefits of the arrangement.



Israel top court takes Palestinian detainee appeal
Court Watch | 2012/02/20 09:40
Israel's Supreme Court has scheduled a hearing this week on the appeal of a Palestinian prisoner waging an unprecedented hunger strike that has stretched for more than two months, court officials and his lawyers said Monday.

Khader Adnan, a member of the Islamic Jihad militant group, is demanding he be released immediately. He has not been charged with a crime and does not know what he is suspected of doing.

The case of the 33-year-old Adnan has attracted widespread attention among Palestinians, with large crowds holding regular protests in his support.

The life-threatening gamble has also drawn broader attention toward Israel's policy of "administrative detention," under which Palestinians can be held without charge for months, and even years, at a time.

Both the European Union and the United Nations have said they are following the case closely and urged Israel to give Adnan an open trial.

Adnan was arrested on Dec. 17 and later sentenced to four months of administrative detention. He launched the strike a day after his arrest, protesting his administrative detention and claiming he was beaten and humiliated in captivity.


Eugene Criminal Defense - MJM Law Office, P.C.
Court Watch | 2012/02/19 09:40
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MJM Law Office is an Oregon based firm that has experience and successful track records defending cases against criminal charges. Their principal attorney, Max J. Mizejewski believes in dedicating time to understand each clients' individual case and specific needs. He has had the background and training to represent clients in criminal prosecutions and administrative hearings, making him the right advocate to have on your side. Contact MJM Law Office, P.C. today to schedule a consultation and visit www.mjmlawoffice.com for more information.


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