Seventh Circuit Criminal Case of the Week: “A Total Breakdown of Justice”

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In January 2003, Milwaukee police officers found two guns in the home of the estranged wife of Rashid Salahuddin.  Salahuddin himself was arrested shortly afterwards.  Now, more than six years later, after many rounds of legal proceedings in state and federal court, Salahuddin still awaits final resolution of criminal charges stemming from the discovery of the guns.   

In October 2008, Judge J.P. Stadtmueller of the Eastern District of Wisconsin summoned the United States Attorney and the Federal Defender to his office for an off-the record conversation about the case, which he characterized as “a total breakdown of justice.”  Following this conversation, the government asked Stadtmueller to recuse himself from the case.  When Stadtmueller refused, the government initiated proceedings in the Seventh Circuit to compel the district judge’s removal. 

The Seventh Circuit has now agreed with the government that Stadtmueller’s statements at the October 2008 meeting required his recusal.  In re United States of America (No. 09-2264) (Ripple, J.). 

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IP Philanthropy Can Be Ecologically Responsible

img_logo1Since early 2008, there has been an interesting project in IP philanthropy.  At that time, the World Business Council for Sustainable Development (WBCSD) established an initiative called the Eco-Patent Commons.  Member companies of the Eco-Patent Commons are able to “pledge” patents from their portfolios which cover technologies that provide environmental benefits.  Pledging patents into the Eco-Patent Commons is not a transfer of title, but instead is a promise by the patent owner to not enforce the pledged patents against users of the technology (while maintaining rights to defensively terminate the pledge under certain circumstances).

Based on the economic conditions of the last couple of years, I am amazed that companies are willing to allow others to freely practice inventions which would otherwise generate licensing revenues.  However, some companies have done exactly that.

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Say, You’re a Copyright Lawyer–Can I Get a Patent on That Name?

Reading the New York Times this morning, I was intrigued by this entry in the table of contents:

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Copyrights in India? Cool! But hang on a second—what’s that about “brands”?

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Ah, I see, it’s another journalist confused about the difference between patents, copyright, and trademarks. (The title of this post is the punchline of a joke told by Paul Goldstein about this problem.) It matters, to me at least, because copyright has enough of a public image problem without getting blamed for patent and trademark controversies as well.

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