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January 8, 2023

Lukashenka Signs Law Allowing Confiscation Of Property For ‘Unfriendly Actions’ Against Belarus

Ukrainians and Russians have celebrated Orthodox Christmas as combating persisted even with Russia’s unilateral call for a 36-hour cease-hearth that Ukraine reported was only a ploy by Russian President Vladimir Putin to reposition and boost his troops.

While the faithful celebrated the getaway, towns in eastern Ukraine saw no major lessen in the battling on January 6-7.

Live Briefing: Russia’s Invasion Of Ukraine

RFE/RL’s Stay Briefing provides you all of the most up-to-date developments on Russia’s ongoing invasion, Kyiv’s counteroffensive, Western army assist, global response, and the plight of civilians. For all of RFE/RL’s protection of the war, click here.

Shelling in the city of Bakhmut by the Russian armed forces killed two people — a 66-12 months-old male and a 61-12 months-outdated girl — Ukraine’s Prosecutor-General’s Workplace claimed.

An additional 13 persons were hurt by mines that exploded and left them with shrapnel wounds. Apartment structures and other services had been also destroyed and ruined by the shelling, the Prosecutor-General’s Workplace explained.

The fatalities occurred on January 6 but details about the victims were being very first reported on January 7.

Military spokesman Serhiy Cherevatiy told Ukrainian tv that Bakhmut and Soledar, yet another town in the location, remained underneath the management Ukrainian forces, while shelling and clashes ongoing on January 7.

“Our armed forces and command are undertaking almost everything to inflict greatest problems on the enemy in conditions of personnel and products…and to maintain their forces as a great deal as achievable,” Cherevatiy said.

He included that the strategies of the Russian army experienced not transformed: They use staff who constantly “roll” into the positions of Ukrainian defenders. Ukrainian soldiers “are on the defensive, but the tactical situation often forces them to change their positions,” he stated.

Cherevatiy reported overcome functions had been also ongoing in the direction of Svatove-Kreminna. Russian forces regroup, check out to counterattack in specific instructions but endure sizeable losses and retreat, he said.

None of the battlefield promises could be independently confirmed.

Watch: In the battle for the jap metropolis of Bakhmut, Ukrainian gunners are hitting Russian troops with Soviet-era Akatsia artillery, coordinating their precision with several spotter drones, they say.

Cherevatiy also commenting on Putin’s get to introduce a stop-fireplace in observance of the Orthodox Christmas getaway.

“Of training course, none of this happened,” he reported.

Presidential adviser Mykhaylo Podolyak on January 7 referred to as Moscow’s stop-fireplace “bogus” and accused Russian troops of firing alongside the overall speak to line.

Putin purchased the stop-hearth to start out at noon on January 6 and past even though midnight on January 7.

The Russian Protection Ministry insisted its forces have been observing the cease-fireplace but also said that the army experienced repelled assaults by Ukrainian forces in jap Ukraine and killed dozens of troopers on January 6.

Putin stood on your own at a company at the Cathedral of the Annunciation in the Kremlin to mark Orthodox Xmas. Illustrations or photos broadcast on Russian tv confirmed him standing at the altar with a clergyman the only other person present.

Russian President Vladimir Putin attends the Orthodox Christmas service at the Kremlin in Moscow on January 7. — Russian President Vladimir Putin attends the Orthodox Xmas company at the Kremlin in Moscow on January 7.

In Kyiv, hundreds of worshipers attended a service at the 11th-century Pechersk Lavra as Metropolitan Epifaniy, head of the Orthodox Church of Ukraine, led a Xmas liturgy. He claimed Christmas incites persons to struggle versus evil, sin, and darkness.

“These concerns specially echo in our hearts at the time of the most challenging trials of the war, which our Ukrainian people today are likely through,” he mentioned.

Ukraine did not want the war, which he stated resulted from “devilish malice and envy” on the section of “all those who held us captive” for hundreds of years. Immediately after Ukraine turned unbiased and started off setting up its very own sovereign point out, they “could not tolerate our achievements and achievements” and commenced a war.

“But they will definitely be defeated in it, mainly because the reality is on our side,” he explained.

Epifaniy claimed Ukraine experienced now obtained a moral victory due to the fact all men and women of goodwill “condemn the functions of genocide, terror and several war crimes fully commited by the evil Russian empire on our land.”

The monastery applied to be the seat of a department of the Ukrainian Orthodox Church (UOC) that was formerly beneath Moscow’s jurisdiction. The UOC severed ties immediately after Russia invaded Ukraine in February.

Ecumenical Patriarch Bartholomew congratulated Ukrainians and conveyed his blessings, the press provider of the Ukrainian parliament mentioned on Telegram.

“We pray for the conclude of this unjust war and aggression day and evening, for the Ukrainian individuals, powerful and brave, who dared to protect the integrity and flexibility of Ukraine,” Bartholomew explained. “We are with you by means of enjoy and prayers. We are happy to see that the intercontinental community is also with you. Justice and real truth often wins.”

Ukrainian President Volodymyr Zelenskiy instructed Ukrainians in a information on Orthodox Christmas that he was glad to see the hundreds of worshipers who turned out on January 7 for the holiday getaway provider in the Pechersk Lavra in Kyiv, including Ukrainian troopers.

“It is quite significant that a honest prayer for Ukraine was and will continue on to be read in the Lavra these days,” Zelenskiy explained in a movie message late on January 7.

“The moment once more, I congratulate everybody who celebrates nowadays, on this day, which has by now become historic for Ukraine, for the non secular independence of our people, with a Merry Xmas,” he claimed.

He also inspired Ukrainians to “maintain the temper that was felt nowadays — a temper of pleasure at the strengthening of Ukraine and at the achievement of historic justice.”

Zelenskiy earlier praised the United States for such as tank-killing armored automobiles and anti-aircraft missiles in its January 6 package deal of military support, expressing that they will fortify Ukraine’s military on the battlefield.

“For the first time, we will get Bradley armored automobiles — this is specifically what is required. New guns and rounds, together with substantial-precision kinds, new rockets, new drones. It is well timed and robust,” he mentioned later in his nightly televised handle.

With reporting by AP and AFP

January 8, 2023

Falling values: Creativity required for family law attorneys to help divorce clients in uncertain economy

While the problem of what to do with the family car or truck is commonly asked when couples are divorcing, the choice turned much more fraught in 2021, when the international disruption brought on by the pandemic brought about used-automobile rates to soar to new-car degrees.

Kelly Lonnberg, member at Stoll Keenon Ogden’s Evansville office and chair of the firm’s family legislation follow, explained the increase in applied car or truck values as one particular of the “individual weirdnesses” that family lawyers have been encountering in these economically unsure situations.

Unemployment is very low and wages stay healthier, but fluctuating values spurred by crimps in the source chain as perfectly as stumbles in the inventory sector and housing industry are demanding relatives law practitioners to be resourceful when helping shoppers access a marital dissolution arrangement.

“It just would seem like the strain of obtaining divorced is higher in the previous three a long time than it was prior to that,” Lonnberg mentioned. “Nothing’s definitely calmed down. You would feel just after the COVID figures commence heading down that this would truly feel like a a lot less annoying occupation, and somehow it has not.”

The challenges loved ones regulation attorneys are dealing with have been induced by the 2022 economic upheaval.

Inflation returned as the purchaser rate index for city people peaked at 9.1{c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8} in June 2022 right before falling to 7.1{c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8} in December, according to the U.S. Bureau of Labor Statistics. Curiosity charges continued to climb, with the Federal Reserve boosting the benchmark fee to a range of 4.25{c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8} to 4.5{c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8} at the conclude of 2022, the greatest level in 15 several years. Also, on Wall Road, the benchmark S&P 500 dropped more than 20{c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8} from the report high set in January 2022.

As a consequence, the values of properties and retirement accounts have been falling, creating a headache for household legislation lawyers trying to affix a really worth to what many couples contemplate their significant belongings. In addition, the mounting curiosity prices have set a strain on the offering or refinancing of marital properties.

Kathryn Burroughs, spouse at Cross Glazier Reed Burroughs in Carmel, said attorneys are having to get artistic to aid their clients navigate the uncertain terrain.

“No matter what, divorce is an financial hardship, even on rich couples. They’re getting rid of 50 {c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8} their web marital estate,” Burroughs claimed. “But it impacts family members without implies significantly extra considerably. If you really don’t have savings and you really do not have quite a few property and all you have is credit score card personal debt, it is genuinely challenging to come across answers.”

Discovering options

With the source of new vehicles stalled, the selling price of used autos skyrocketed. As a result, Lonnberg had purchasers with 2- and 3-calendar year-outdated cars that were commanding prices greater than what they had compensated when the motor vehicle was new. Therefore, the issue grew to become no matter whether to use the “jacked up number” on the marital harmony sheet, because the price of the auto would most likely plummet the moment the supply chains had been performing.

Lonnberg mentioned the solution is dependent on what the wife or husband intends to do with the auto.

“If they are going to gain from the greater price then it’s possibly genuine range to include things like in the marital stability sheet,” she mentioned. “But if … they are likely to preserve driving it until the price of it does go back down, then possibly we use the amount from right before the supply chain kinked up.”

In Kokomo, loved ones law practitioner Sara Pitcher reported she has found spouses staying set when they are divorcing.

Earlier in 2022, houses were being promoting before they went on the current market or the working day the “for sale” indication was set in the front property. Now, nevertheless, moving out is more durable since of climbing curiosity premiums, Pitcher claimed.

Properties are lingering on the marketplace longer, generating product sales uncertain, while values are slipping so quickly that the rate quoted may possibly not be legitimate a few months later when the mediation begins.

If one wife or husband would like to stay in the house, the home finance loan will have to be refinanced to take out the ex-spouse’s title. But the better interest rates are growing payments, so the being partner could possibly not have the capability to deal with the new month-to-month amount of money.

Some couples concur to hold off refinancing for a calendar year in the hopes that the fees will drop, even though the leaving spouse will not be ready to buy an additional dwelling and might have issues leasing for the duration of that ready period of time. Other folks, as Pitcher observed, come to a decision not to depart at all.

“When things get restricted for men and women, it alterations the styles of settlements that are accessible to them,” she said. “So often that implies the only economic possibility for these functions is to go on to stay jointly whilst the divorce is pending when that would not have been their preference.”

For pensions and 401(k)s, provisions that account for gains and losses are supporting deal with declining values. Even so, Pitcher mentioned spouses who have noticed their retirement accounts shrink by $50,000 considering that the divorce petition was filed get skittish about dividing the money.

Lonnberg claimed a solution could be developed if a single spouse is younger or far more solvent and would not need to have to access retirement money as speedily as the other partner.

“If you have just one bash who just has much better monetary balance than the other, then probably they can get that account which is down appropriate now and hold all the gains when it recovers,” Lonnberg said. “And then the other bash gets the cash current market fund or the savings account or something that did not get strike by the shifts in the sector.”

Substantial cost of everything

Burroughs remembers practicing through the Terrific Recession, when the housing industry crash brought on banks to teeter, family members residences to drop into foreclosures and hundreds of thousands to get rid of their employment. While unemployment continues to be minimal and the median weekly earnings in the 3rd quarter of 2022 were 6.9{c024931d10daf6b71b41321fa9ba9cd89123fb34a4039ac9f079a256e3c1e6e8} larger than a 12 months in the past, according to the BLS, Burroughs reported she views the current economic local climate as making far more hardship than 2008.

The cause is inflation. Homes are experience the sting of higher rates when they acquire groceries, fill up their cars and trucks or purchase just about any very good or provider.

“To me, this economic downturn would seem worse,” Burroughs explained, noting the Terrific Economic downturn brought a rapid decrease in the stock market, but inflation was not a element. “It appears like it is possessing a much more important effects on families who are likely by divorce.”

Considering that 2009, Lonnberg stated she far more regularly suggests that customers seek assistance from monetary planners when producing decisions about issues like investments and marital true estate. She stresses they really should stay clear of the guidance of “your buddy up coming door” and locate “someone with some precise expertise in this space and decide which of these assets you’d like to test to get the most of.”

Economists are not anticipating an additional Wonderful Recession, but their predictions for 2023 hinge on interest charges. Gurus at the Indiana Enterprise Investigation Middle see the potential for serious careers losses in the state if the Fed carries on the monetary tightening, which could drop demand from customers for the strong goods designed in Hoosier factories.

To prepare, Burroughs is studying a lot more about the economic climate and creating wide ideas.

“I’m bracing for nearly anything,” she reported. “We have to. We have to keep artistic and be all set for regardless of what will come our way.”•

-The AP contributed to this report.

January 6, 2023

Portland Diocese challenging 2021 Maine law lifting statute of limitations on childhood abuse claims

Lawyer Michael Bigos, who signifies customers suing the Roman Catholic Diocese of Portland, speaks all through a news convention in Lewiston on Wednesday. Employees image by Shawn Patrick Ouellette/Staff members Photographer

The Roman Catholic Diocese of Portland is difficult the constitutionality of a condition regulation that taken off the statute of restrictions for any individual who would like to file a lawsuit alleging that they knowledgeable childhood sexual abuse in Maine.

When the legislation removing the time restrict for childhood abuse statements passed in the summer months of 2021 it opened the door for persons to sue the diocese for many years-old incidents.

The diocese says the Legislature overstepped its bounds, and that the newfound ability to sue for incidents right before 1987, which experienced been the statute of limitations in most situations, violates the two the Maine and U.S. constitutions. The attorney leading a group of new plaintiffs suing the diocese rebutted that argument Wednesday at a information convention in Lewiston.

Right after 13 individuals submitted claims in opposition to the diocese alleging the church failed to protect them from regarded abusers, the diocese filed a challenge in November, saying that lawmakers experienced no right to get rid of the statute of limits. Exceptional Court Justice Thomas McKeon will listen to the circumstance on the Business enterprise and Consumer Docket at the finish of the thirty day period.

“Maine law is clear that legislation imposing or generating legal responsibility may not do so retroactively,” the diocese argued in its problem. “If this regulation is operational, the diocese will be defending a large but presently unknowable number of circumstances that have been time-barred for two decades or more time, demanding, in the aggregate, tens of tens of millions of dollars.”

The diocese also argued that the individuals suing the church had enough time to file their complaints underneath the authentic statute of constraints. The diocese said it is at an unjust downside to defend alone in opposition to statements so aged that most witnesses, and even the priests accused of abuse, aren’t alive and equipped to participate in the authorized approach.

Legal professional Michael Bigos, symbolizing the 13 plaintiffs who have filed problems against the diocese many thanks to the 2021 law, reported Wednesday that his clientele are the kinds who have been at a drawback.

These plaintiffs have experienced from mental wellness problems stemming from the abuse, which created it complicated for them to reconcile what occurred until later on in lifestyle, Bigos stated. Their issues allege that the diocese fraudulently hid abuse by transferring accused monks all over Maine parishes and failed to notify people and other parishioners they have been at threat of abuse. That concealment wouldn’t have been safeguarded under the similar time boundaries, Bigos argued.

“No a person in Maine has ever had the ideal to sexually abuse children,” Bigos wrote in a filing Wednesday on behalf of his consumers.

The Church of the Immaculate Conception in Portland. Jill Brady/Staff members photographer

RETROACTIVITY AND PRECEDENT

The diocese’s problem largely requires difficulty with the concept that a law enacted in 2021 can be applied retroactively.

Retroactivity is only lawfully doable, the church’s legal professional, Gerald Petruccelli, wrote in November, if it doesn’t interfere with “vested rights” that a defendant possessed in advance of a new regulation has taken outcome.

To aid make its situation, the diocese referenced pending authorized queries above the constitutionality of a voter-authorised legislation from 2021.

That case consists of the New England Thoroughly clean Electrical power Join undertaking, a 145-mile transmission corridor from Quebec to Massachusetts that would cross as a result of Maine. Even even though perform by now had started on the challenge, Maine voters handed a regulation in 2021 to halt development. Maine’s optimum court docket ruled in August that if an entity has ample “vested legal rights,” which means assets or rights they lawfully acquired just before a new statute, then the voter-permitted legislation is moot.

Bigos wrote that the NECEC situation does not implement because the courtroom would have to recognize “a house suitable in businesses and perpetrators getting in a position to sexually abuse kids.”

Bigos claimed the Legislature was certainly in its legal rights to alter point out regulation. Former Rep. Thom Harnett, who co-chaired the Judiciary Committee when the bill was debated, claimed Wednesday that he experienced predicted the diocese would challenge the legislation.

Harnett said committee members experienced their individual questions about legality and constitutionality, much too.

But following a lengthy presentation by the Maine Lawyer General’s Place of work, the committee was self-confident “that this was right and defensible,” Harnett reported.

Dmitry Bam, vice dean at the College of Maine College of Regulation, reviewed the diocese’s argument and stated he doesn’t see a “slam dunk on both aspect.”

Maine doesn’t have any case regulation on the subject, but a equivalent constitutional challenge heard in a 2015 Connecticut Supreme Courtroom situation, Doe v. Hartford, offered a summary of in which other states stood at the time.

In that ruling, Maine was outlined as a person of 24 states whose courts take into consideration retroactively applied statutes of constraints as invalid. That, Bam mentioned, could possibly favor the diocese.

“It all depends on how the court sees it, but there are undoubtedly hints in previously circumstances that Maine seems to be much more accepting of the vested rights argument,” Bam stated. “That’s the excellent detail about state constitutions. There is no federal basic principle to use below, which allows states to be inventive in how they go legislation.”

Both equally Bigos and the diocese appear to be to agree that what ever selection McKeon reaches will have an massive effect on the future of youth-serving institutions that possibility staying sued and survivors who want their day in courtroom.

The lawyers are scheduled to argue their situation in entrance of McKeon on Jan. 31.

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Force behind Arizona’s ‘show me your papers’ law dead at 75

PHOENIX – Russell Pearce, a Republican lawmaker who was the driving force powering Arizona’s landmark 2010 immigration legislation recognised as the “show me your papers” regulation and other anti-immigrant steps, has died. He was 75.

Pearce’s spouse and children stated on social media that he died Thursday at his dwelling in Mesa, Arizona, immediately after falling ill.

Pearce rose to transient countrywide prominence extra than a ten years ago although advocating for more durable border policies for Arizona, a person of the busiest hubs for unlawful immigration in the United States. He was the lead sponsor of Senate Bill 1070, which required legislation enforcement officers to inquire about suspects’ immigration position if they experienced motive to consider they had been in the U.S. illegally.

It was the toughest anti-immigration regulation in the country and prompted phone calls for businesses to cancel conventions in Phoenix, a large source of income for Arizona’s largest metropolis.

“The legislation was not only anti-immigrant, it was anti-Arizona,” mentioned Lydia Guzman, a outstanding civil rights advocate who throughout that time period operated a hotline for migrants who were being in the U.S. illegally. “Men and women ended up not coming to Arizona since the legislation was so unjust, traumatizing these kinds of a susceptible community.”

Activists in the city’s swiftly developing Latino local community criticized Pearce for portraying immigrants as lawbreakers. The controversy above the regulation eventually fueled the generation of community civil legal rights groups that registered growing figures of Hispanic U.S. citizens to vote and turn out to be concerned in their neighborhoods.

But SB 1070 also tapped into the fears and frustrations of other folks about the porous southern border and the doable results immigration could have on their lives in metro Phoenix.

Lawful troubles had been filed around SB 1070’s constitutionality and its compliance with civil legal rights regulation., with detractors arguing that the regulation encouraged the racial profiling of Latinos. The U.S. Supreme Court docket upheld the provision necessitating immigration standing checks in the course of legislation enforcement stops but struck down 3 other provisions.

Pearce before backed other anti-immigration steps, which includes a voter-authorised legislation that denied bail to immigrants who have been in the U.S. illegally and charged with a variety of felonies that incorporated shoplifting, aggravated identity theft, sexual assault and murder. That 2006 law was later struck down by an 11-member panel of the 9th U.S. Circuit Court of Appeals for violating owing system rights by imposing punishment prior to trial.

A different law punished businesses who hired personnel who had been in the U.S. illegally, drawing protests from enterprise proprietors and prompting droves of immigrants to flee to other states or return to their residence nations.

“Why in the environment do (immigrants in the U.S. illegally) imagine they have a suitable to split the law?” Pearce was quoted as expressing in a 2008 Linked Push write-up. “And we are the negative guys for insisting that the regulation be enforced? The public doesn’t concur with that.”

Amid altering demographics in Arizona, fierce community opposition to Pearce’s measures sparked a November 2011 recall election that ousted him from the condition Senate, where he served as president.

“The churches went versus him, the corporations went towards him for the reason that the law was hurting Arizona’s overall economy,” said Guzman, the rights advocate.

The 12 months soon after he became the very first particular person ever recalled from the Arizona Legislature, Pearce dropped a comeback bid in the Republican principal for a state Senate seat.

Right before he was elected to the Arizona Residence of Reps in 2000, then afterwards the Senate, Pearce worked lots of a long time for the Maricopa County sheriff’s business, rising to become chief deputy to then-Sheriff Joe Arpaio, who was nationally known for his anti-immigration insurance policies.

Pearce at a person level even claimed credit rating for Arpaio’s infamous intricate of jail tents.

“My condolences go out to the loved ones, buddies, and many supporters of Russell Pearce, a patriot, legislation enforcement formal, and Arizona point out senate president, who passed away these days,” Arpaio wrote on his Fb account. “He served with honor and integrity at the Maricopa County Sheriff’s Office environment. I’m very pleased to have appointed him as my main deputy. He will be sorely skipped.”

Pearce later on served as director of the Arizona Motor Car or truck Division and more recently labored for the Maricopa County Treasurer’s Workplace.

There was no speedy info about funeral preparations.

___

Affiliated Push writer Jacques Billeaud contributed to this report.

January 6, 2023

2022 Year in Review: Intellectual Property Law and the Supreme Court

2022 was a quiet year for the Supreme Court in terms of intellectual property (IP) rulings.

The Lone Opinion

Unicolors, Inc. v. H&M Hennes & Mauritz LP: In the only IP-related petition to obtain an issued ruling in 2022, the Supreme Court helped copyright holders avoid invalidation of their copyrights due to inadvertent mistakes in their copyright applications.

Under a provision of the 2008 PRO-IP Act, the Ninth Circuit reversed a nearly $800,000 infringement verdict because it found that Unicolors’ copyright registrations included errors, which the court found Unicolors knew were inaccurate. The Supreme Court reversed the Ninth Circuit’s ruling and sided with Unicolors’ argument that inadvertent legal misunderstandings were not the type of inaccuracies with which the law was concerned.

The Supreme Court noted that “it would make no sense if [the law] left copyright registrations exposed to invalidation based on applicants’ good-faith misunderstandings of the details of copyright law.” The Supreme Court then held that because the Copyright Act does not distinguish between a mistake of law and a mistake of fact, “[l]ack of knowledge of either fact or law can excuse an inaccuracy in a copyright registration.”

Although articulating this safe harbor for copyright holders, the Supreme Court was clear to mention that the safe harbor does not apply if there is evidence demonstrating that the copyright owner actually knew it submitted legally inaccurate information or was willfully blind to the fact. The opinion also notes that an applicant’s experience with copyright law can serve as evidence that they were aware of the legal errors in the filing.

Due to these carve outs in the safe harbor, it is likely courts will apply the safe harbor differently depending on the identity of the copyright applicant. Consequently, a court is likely to apply the safe harbor most liberally where the applicant is an individual author or artist with no prior copyright experience filing their own application, and apply it most strictly where the application is filed by an attorney specializing in copyright law.

What Could Have Been

The lack of substantive opinions from the Supreme Court in 2022 was not due to a lack of petitions. Rather, the Supreme Court declined to hear at least 30 petitions, which involved one or more issues concerning copyright, trademark, patent or trade secret law. Patent law led the charge in 2022 with at least 25 petitions posing patent specific questions. The following are a few of the issues the Supreme Court declined to tackle in 2022.

State Sovereign Immunity and Copyright Infringement: The Supreme Court declined to hear the case of Jim Olive Photography v. University of Houston System in which a photographer sought review of a Texas Supreme Court decision upholding state sovereign immunity to damage claims stemming from the University’s unlicensed use of a copyrighted photo. The photographer sought damages on the theory that appropriation of the photographer’s right to exclude constituted a per se taking by a government entity. The Texas Supreme Court disagreed, holding that there is no taking where the photographer retained the copyright in the photo, and was still free to license it or sell it to others.

As it stands now, despite recent challenges to state sovereign immunity, a copyright holder’s only remedy against a state actor remains injunctive relief.

Patent Eligibility: The Supreme Court declined to hear five petitions, all of which raised issues concerning patent eligibility or application of the Supreme Court’s 2014 ruling in Alice v. CLS Bank.

American Axle & Manufacturing Inc. v. Neapco Holdings LLC was one of the more highly-anticipated petitions pending before the Supreme Court in 2022. Filed in 2020, the petition in American Axle sought review of the Federal Circuit’s 2019 ruling that American Axle’s method to reduce noise and vibrations through the insertion of a liner in its driveshaft was not eligible for patent protection because the process amounted to nothing more than an application of natural law to a complex system.

In 2021, the Supreme Court requested comment from the Solicitor General. The Solicitor General recommended that the Supreme Court hear the issue and provide guidance that could clarify the Supreme Court’s prior rulings in Mayo v. Prometheus (2012) and Alice (2014), which collectively held that laws of nature and abstract ideas are not eligible for patent protection. Despite the Solicitor General’s recommendation, in June, the Supreme Court ultimately declined to hear the appeal. Around the same time, the Supreme Court also declined to grant certiorari in two other cases—Spireon Inc. v. Procon Analytics LLC and Ameranth Inc. v. Olo Inc.—involving issues nearly identical to those in American Axle.

The petition in Yu v. Apple asked the Supreme Court to resolve whether, when applying the test for patent eligibility, a patent claim should be considered “as a whole” or, instead, its “point of novelty” should be determined after all conventional elements of the patent claim have been disregarded. The petition in Yu, which stemmed from Judge Newman’s dissent in the Federal Circuit’s split panel decision, seemed like the perfect vehicle to address the patent eligibility doctrine.

The case of Worlds Inc. v. Activision Blizzard, Inc. involved a petition requesting that the Supreme Court articulate what the appropriate standard is for determining whether a patent is “directed to” a patent-ineligible concept under step one of the Alice two-step framework for determining whether an invention is eligible for patenting under 35 U.S.C. § 101.

For now, given the Supreme Court’s reluctance to revisit its prior precedent, patent practitioners and inventors are left to navigate the continually challenging and uncertain world that is patent eligibility under 35 U.S.C. § 101.

Patent Litigation and Preclusion: Another patent case the Supreme Court declined to hear was PersonalWeb Technologies, LLC v. Patreon Inc., which sought review of the Federal Circuit’s application of the Kessler Doctrine. The Kessler Doctrine precludes a patent holder from later asserting claims against customers of a seller following a failed suit against the seller on invalidity and/or infringement grounds. However, in PersonalWeb, the patent holder voluntarily dismissed litigation against Amazon following a narrow claim construction only to file subsequent litigation against Amazon’s customers. The Federal Circuit applied the Kessler Doctrine and held that the patent holder was precluded from maintaining its suit against Amazon’s customers.

Although PersonalWeb involves a unique set of facts, the Federal Circuit’s apparent expansion of the Kessler Doctrine is a valuable reminder to patent holders to consider and evaluate their patent enforcement strategy, particularly if it requires separate litigation against a seller and its customers.

January 6, 2023

This business lawyer has 133K+ YouTube subscribers hanging on her every word – Legally Contented Podcast | Law Firm Editorial Service

In this episode, Wayne Pollock, the founder of the Legislation Firm Editorial Support, interviews Aiden Durham, proprietor of 180 Legislation Co., a regulation business giving business law and intellectual house legislation services to smaller businesses. Aiden’s YouTube channel, “All Up in Yo’ Business enterprise,” has extra than 133,000 subscribers and is her key marketing and advertising channel.

In this episode, Aiden and Wayne examine, among the other things:

– The worth of choosing the ideal tone and stage of (in)formality to See more +

In this episode, Wayne Pollock, the founder of the Legislation Firm Editorial Assistance, interviews Aiden Durham, operator of 180 Law Co., a regulation agency offering company legislation and mental home regulation products and services to compact companies. Aiden’s YouTube channel, “All Up in Yo’ Small business,” has extra than 133,000 subscribers and is her most important advertising channel.

In this episode, Aiden and Wayne examine, among other matters:

– The value of determining the appropriate tone and stage of (in)formality to strike when recording YouTube video clips

– A important misunderstanding lawyers have about what they need to do to shoot YouTube films

– How her YouTube video clips allow for her to connect to existing and possible consumers in a exceptional way

– The purpose way of thinking plays when you might be a prolific, reliable material creator

– Why she’s happy to have her present-day and future customers check with about her doggy

– Her assistance for legal professionals (including B2B attorneys) who are considering creating a YouTube next

About Aiden Durham/180 Law Co.

Aiden’s YouTube: https://www.youtube.com/allupinyobiz

180 Legislation Co. internet site: https://www.180lawco.com

Aiden’s Twitter: https://twitter.com/_AllUpInYoBiz

Aiden’s Instagram: https://www.instagram.com/allupinyobusiness

About Wayne Pollock/the Legislation Agency Editorial Support

Master extra about Wayne Pollock, the host of Lawfully Contented: https://www.linkedin.com/in/waynepollock

Understand far more about the Legislation Company Editorial Company: http://www.lawfirmeditorialservice.com

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