Favorite Wisconsin/Seventh Circuit Cases: A “Non-Patent, Patent” Case

This is an unusual blog post for me in that for once I am playing it straight with Michael’s request of the month. Just one case will be discussed! This, however, is not through any intentional strategy on my part. To use a colloquial phrase “the pickings were slim” since the Court of Appeals for the Federal Circuit hears most patent-related matters. To say the choice was “slim,” however, does not mean there was no fertile ground, and so I am selecting County Materials Corp. v. Allan Block Corp., 502 F.3d 730 (7th Cir. 2007), as my “favorite case.”

In County Materials, the Seventh Circuit, among other items, analyzed whether County Materials (a Wisconsin corporation) could sustain a claim of “patent misuse” against Allan Block (a Minnesota corporation). The case is an interesting one because County Materials is a great example of what, in her opinion, Judge Diane Woods (awesomely) refers to as a “non-patent, patent case” that falls within the jurisdiction of the regional courts of appeals, rather than the Federal Circuit, because the dispute before the court was not one where federal patent law creates the cause of action or is necessary to resolve the circumstances of the case. 

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Seventh Circuit Week in Review: Cloak and Dagger

The Seventh Circuit had only one new opinion in a criminal case last week: United States v. Latchin (Nos. 07-4009 & 08-1085).  Latchin emigrated from Iraq to the United States in the early 1990’s and became a naturalized U.S. citizen in 1998.  However, documents seized by American forces in Baghdad in 2003 revealed that Latchin was in the employ of the Iraqi government.  The documents indicated that Latchin had been sent to the U.S. as a sleeper agent for the Saddam Hussein regime.  It is not clear whether he ever conducted any covert actitivities once inside the U.S., but, somewhat chillingly, he did manage to obtain a job at O’Hare Airport in Chicago.  In any event, once his connections to Saddam were exposed, Latchin was prosecuted for procuring citizenship illegally by making false statements on his naturalization application in violation of 18 U.S.C. § 1425(a).  He was convicted and then appealed.

The legal issues on appeal were not nearly so colorful as the underlying facts.  Most significantly, the court had to determine what it means to “procure” citizenship through a false statement. 

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Show and Tell

 

I have a confession to make:  I am something of a PowerPoint addict.  I have a second confession to make:  I am aware that not all of my PowerPoint presentations are as effective as I would like them to be.  Having been in the audience during many PowerPoint presentations, I know that slides with too much text are ineffective, and I also know that nothing is more boring than listening to someone read from his or her slides.  Thus, over the past few years, I have tried to make my slides more audience-friendly by reducing the amount of text that I display and increasing the number of visuals.  

I made those changes after doing some reading about learning styles and how the brain processes information.  Though this is a huge oversimplification, I learned that the brain processes verbal and visual information through separate channels, so if we present students with both kinds of information, we can help them improve comprehension.   Other than in Property and Estates and Trusts, when I remember my professors diagramming future interests on the chalkboard, I don’t remember having visuals in my law school classes.  (The fact that I remember those diagrams almost 15 years after my law school graduation probably says something about why I now use visuals in my classes.)

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