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Legal news from Monday, July 23, 2012




Bahrain urged to release all prisoners of conscience
Sung Un Kim on July 23, 2012 3:33 PM ET

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[JURIST] Amnesty International (AI) [advocacy website] on Monday urged the government of Bahrain to release all prisoners of conscience [press release] immediately in the wake of an appeal by human rights activist Nabeel Rajab [JURIST news archive] challenging his three-month sentence [JURIST report] for comments he posted on his Twitter [website] page in June. Rajab, the president of the Bahrain Center for Human Rights (BCHR) [advocacy website] was arrested in June for publishing comments on his Twitter account criticizing the government and was released on bail [JURIST reports] after spending three weeks in prison. Another case on appeal involves nine health professionals who were convicted for their involvement in the anti-government protests last year [JURIST report]. They are among the 20 medical professionals who were convicted in September. In June a national court overturned or reduced [JURIST report] the sentences for most of them. Their appeal proceeding is expected to take place on July 30 before the country's Court of Cassation. AI's Middle East and North Africa Deputy Programme Director Hassiba Hadj Sahraoui stated that the conviction against each of them should be quashed and that they should be released immediately and unconditionally. AI has expressed its concern about the a recent decision that bans the public from hearings against opponents of the government and has continued to call for the immediate release of all prisoners of conscience.

The tension between Bahrain's government and protesters has been increasing since the violence during last year's protests. Earlier this month the Bahrain Information Affairs Authority (IAA) [official website] announced [JURIST report] that it brought charges against 15 police officers for alleged "mistreatment of inmates in custody" amid complaints about police activity. In June the government also announced [JURIST report] that it would pay $2.6 million in restitution to the families of protesters killed in pro-democracy protests last year to comply with the recommendations of the Bahrain Independent Commission of Inquiry (BICI) [official website]. In April, AI condemned the country for its continued human rights violations despite reforms following the BICI report [JURIST reports] concerning human rights violations committed against anti-government protesters.




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UN condemns recent coordinated attacks across Iraq
Dan Taglioli on July 23, 2012 3:22 PM ET

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[JURIST] The recent wave of violence in Iraq was condemned [press release] Monday by the UN Assistance Mission for Iraq (UNAMI) [official website]. UN Deputy Special Representative of the Secretary-General (DSRSG) for Political Affairs Gyoray Busztin [official profile] denounced the wave of attacks that began over the weekend, reportedly a coordinated string of bombings and shootings in 13 cities, including Baghdad, that has killed at least 91 people and injured nearly 200 more. DSRSG Busztin extended his condolences to the families of the deceased and called for the perpetrators to "be held to account," noting that the attacks are particularly heinous because for taking place on the first days of the Muslim holy month of Ramadan, which celebrates peace and reconciliation. No group has claimed responsibility for the wave of assaults but a senior Iraqi security official blamed Sunni Muslim militants [Reuters report] of the local wing of al Qaeda [JURIST news archive], as most of the bombings and shootings took place in areas with high Shiite populations.

In May the UNAMI released a report stating that Iraq's human rights situation remains fragile [JURIST report], calling on the government to increase its effort to provide an equal environment in which all citizens are protected under the law regardless of their social, religious, ethnic and other distinguishable status. Earlier in May, Human Rights Watch [advocacy website] reported [JURIST report] that mass arrests and incommunicado detentions continue in Baghdad's prison that was planned to be closed. In 2011, UNAMI and the UN Office of the High Commissioner for Human Rights (OHCHR) [official website] reported [JURIST report] that human rights violations continue in several regions of Iraq. Similar findings were made several months earlier by Amnesty International [advocacy website] in its report [text, PDF] revealing [JURIST report] that governmental authorities shot and killed protesters while detaining and torturing political activists. In 2010, it also reported [JURIST report] on the government's unlawful arrests and tortures against thousands of detainees.




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Ukraine court further postpones tax evasion trial of former PM due to health
Sung Un Kim on July 23, 2012 2:56 PM ET

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[JURIST] A Ukraine judge on Monday again postponed the tax evasion trial of former prime minister Yulia Tymoshenko [personal website; JURIST news archive]. Judge Kostyantyn Sadovsky for the court in the city of Kharkiv held [Reuters report] that it would be impossible to proceed with the trial when Tymoshenko is absent. Tymoshenko is being treated at a state-run hospital for back problems and has alleged that her health condition has not improved sufficiently to allow her to attend the hearings. The court had postponed [JURIST report] the tax evasion trial against the former prime minister earlier this month until court-appointed doctors could complete an examination of Tymoshenko to determine she is fit to stand trial. The adjournment came few weeks after Tymoshenko was ordered [JURIST report] to be seen by a court-appointed doctor amid her failure to appear before the court for the tax evasion trial. One of the doctors treating Tymoshenko had expressed the opinion that the former prime minister would most likely not be able to attend the court proceedings. The tax evasion trial began in April but was initially delayed [JURIST reports] for health issues. The judge postponed the trial to July 31.

Earlier this month, a Ukrainian appeals court postponed [JURIST report] the appeal hearing challenging Tymoshenko's corruption conviction and seven-year sentence. This marked the third postponement in the case. The case was last postponed in June [JURIST report]. The new date was set to August 16 following the request of the prosecution. In April Tymoshenko returned [JURIST report] to prison after being sent to a clinic for medical treatment. A month earlier the European Court of Human Rights (ECHR) [official website] urged [JURIST report] the Ukrainian government to ensure that the former prime minister would receive adequate medical treatment. Although Tymoshenko has previously indicated that she would discontinue all appeals in Ukrainian courts [JURIST report], she is required to exhaust all national options before appealing to the European Court of Human Rights (ECHR) [official website].




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International Maritime Bureau reports global piracy down by half in 2012
Dan Taglioli on July 23, 2012 2:35 PM ET

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[JURIST] The International Chamber of Commerce International Maritime Bureau (IMB) [official website] on Monday reported that the number of global pirate attacks fell sharply [press release] in the first half of 2012. The IMB Piracy Reporting Centre [official website] (PRC) received reports [materials] of 177 incidents in the first six months of this year, compared to 266 incidents for the same period in 2011. So far in 2012, 20 vessels were actually hijacked with 334 crew members taken hostage, and 80 vessels were boarded, 25 vessels were fired upon and 52 vessels reported attempted pirate attacks. Contributing to the piracy decrease [The Maritime Executive report] is the effective deployment of Best Management Practices, ship hardening and, in particular, the increased use of Privately Contracted Armed Security Personnel (PCASP). The IMB PRC operates 24 hours a day to disseminate reports of piracy attacks across the globe:
[The IMB] is an independent body set up to monitor these attacks free of political interference. IMB strongly urges all shipmasters and owners to report all actual, attempted and suspicious piracy and armed robbery incidents to the IMB PRC. This is an essential first step in the response chain. The statistics and reports of the IMB PRC act as a catalyst to encourage firm response by government and law enforcement.
The IMB attributes the drop in overall piracy primarily to a decline in incidents of Somali pirate activity, down from 163 last year to 69 in 2012. The IMB credits the pre-emptive and disruptive counter piracy tactics employed by the international navies in stifling the Somali pirate activity.

In May the US Court of Appeals for the Fourth Circuit [official website] ruled that the legal definition of maritime piracy [JURIST news archive] includes an armed attack to hijack a ship, even if the attempt is unsuccessful. Earlier that week a United Arab Emirates court sentenced 10 Somali pirates [JURIST report] to 25 years in prison. Also that week six accused Somali pirates went on trial [JURIST report] in a Paris court for taking 30 crew members hostage in 2008 on a ship in the Gulf of Aden. The US government in March handed over 15 suspected Somali pirates [JURIST report] it had captured in January to the Republic of Seychelles for prosecution. Italy ordered its first international piracy trial in February against nine Somali pirates, while France began its first international piracy trial [JURIST reports] in November. In October the UN Security Council adopted a resolution encouraging states to criminalize and punish piracy after maritime piracy reached an all-time high [JURIST reports] last year. The UN also donated $9.3 million [JURIST report] in 2010 to fund piracy courts in Seychelles and Kenya, the only two countries that have created such courts




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Australia court opens Apple, Samsung patent infringement trial
Sung Un Kim on July 23, 2012 1:59 PM ET

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[JURIST] An Australian federal court on Monday began hearing two patent infringement cases brought by Apple and Samsung Electronics [corporate websites] that are anticipated to last for the next three months. Apple has sued Samsung for infringing numerous patents by producing smartphones and tablets similar in design to the iPhone and iPad. In response, Samsung brought a counterclaim alleging that Apple unlawfully used its 3G technology that allows users to take calls while uploading photos and other documents. Justice Annabelle Bennett of the Federal Court of Australia [official website], presiding over Monday's hearing called [Bloomberg report] the case "ridiculous" and asked both parties why the cases should not go to mediation. She gave both companies until the end of this week to answer. Despite the fact that the decision of the Australian court would not have a direct impact on cases brought by the companies in other countries, the outcome could significantly change the course both companies will take in other jurisdictions. Apple had initially won an injunction of Samsung's Galaxy Tab 10.1 in the Australian market which was overturned by the Federal Court. The litigation battle between the companies began in April 2011 when Apple sued Samsung [JURIST report] alleging the company copied its designs for the original iPhone and iPad in its Galaxy S line of smartphones and tablet devices.

Apple and Samsung have been embroiled in continuous patent litigation around the world. Earlier this month, a UK court ruled [JURIST report] in favor of Samsung in a design infringement case brought by Apple alleging that three of Samsung's tablets infringed upon Apple's registered design patents while Samsung denied infringement. The court held that the designs of Samsung's Tablets 10.1, 8.9 and 7.7 did not infringe upon the Community Registered Design No. 000181607-0001 which belongs to Apple. On the other hand, a judge for the US District Court for the Northern District of California [official website] issued an injunction [JURIST report] against Samsung to stop the sale of its Galaxy Nexus smartphone in the US. Judge Lucy Koh held that Apple is likely to succeed on the merits in the litigation and would likely suffer irreparable harm if Samsung's sale of its smartphone is not stopped immediately. A week earlier, Koh had already granted [JURIST report] an injunction against Samsung blocking the sale of its Galaxy 10.1 tablet computer while the patent infringement case is reviewed. Apple filed a suit [JURIST report] against Samsung in April of last year alleging that Samsung committed 10 patent infringements, two trademark violations and two trade dress violations by copying iPhone and iPad technology in making its "Galaxy" products. In June, the District Court of The Hague ruled [JURIST report] in favor of Samsung against Apple holding that Apple was liable for infringing upon one of the Korean company's four patents, a 3G patent. In March Samsung filed suit [JURIST report] against Apple in the Seoul Central District Court in South Korea alleging Apple had infringed three of its utility patents.




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Kodak loses patent lawsuit appeal against Apple and RIM
Dan Taglioli on July 23, 2012 1:38 PM ET

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[JURIST] The US International Trade Commission (USITC) [official website] on Friday upheld a ruling [notice of determination; PDF] by its administrative law judge (ALJ) that Apple and Research in Motion (RIM) did not illegitimately use digital image preview technology patented by Eastman Kodak [corporate websites]. Kodak had appealed earlier USITC rulings that neither Apple nor RIM had violated Kodak's patent rights covering how digital cameras preview images. Specifically the ALJ had ruled that the Kodak patent claim in question was in fact infringed by Apple and RIM products, but that the infringed claim was invalid as obvious [35 USC § 103 text] under the combination of an earlier US patent and a Japanese patent application. Therefore, because the ALJ found Kodak's patent claim invalid, Kodak has no claim against Apple or RIM for infringement. Kodak, which hopes to recover $1 billion from the lawsuit, plans to appeal to the US Court of Appeals for the Federal Circuit [official website].

Kodak, which filed for Chapter 11 bankruptcy in January, has used patent litigation in recent years as a major part of the struggling company's strategy to generate revenue [Reuters report]. Last month Kodak won permission from the bankruptcy court to sell over 1,100 digital imaging patents to help repay creditors. The patents make up over one-tenth of Kodak's digital-capture portfolio for devices such as digital cameras, smartphones and tablets, a portfolio that has generated more than $3 billion in revenue since 2001. Kodak filed suit against Apple and RIM in 2010, alleging violations of the Tariff Act of 1930 "in the importation into the US, the sale for importation, and the sale within the US after importation of certain mobile telephones and wireless communication devices featuring digital cameras, and components thereof" that infringe Kodak's patent claims. Additionally last month Kodak filed suit against Apple [JURIST report] in bankruptcy court, claiming that currently Apple erroneously maintains ownership of 10 patents, also covering how digital cameras preview images, developed when the two companies worked together in the early 1990s. Apple is also a potential purchaser of Kodak's digital-capture patents.




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Federal Circuit rehears cancer gene patent lawsuit
Dan Taglioli on July 23, 2012 12:06 PM ET

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[JURIST] The US Court of Appeals for the Federal Circuit [official website] on Friday heard arguments in Association for Molecular Pathology v. US Patent and Trademark Office (AMP), an ongoing case that challenged a Utah company's patent on two genes associated with breast and ovarian cancers. The three-judge panel is rehearing the case on remand from the US Supreme Court [official website] based on the court's March decision in Mayo Collaborative Services v. Prometheus Laboratories [opinion, PDF; JURIST report], in which it ruled that in order for something to be patentable it must add enough to a natural phenomena to make it different than anything found in nature. AMP concerns Myriad Genetics [official website] patents on BRCA1 and BRCA2 [NCI backgrounder], isolated human genes that differ from native genes in that the process of extracting them results in changes in their molecular structure, although not in their genetic code. Arguing that the process of isolating genetic material from a human DNA molecule does not make the isolated genetic material (cDNA) a patentable invention, the American Civil Liberties Union (ACLU) and the Public Patent Foundation (PUBPAT) [advocacy websites; press release] in 2009 filed a lawsuit [JURIST report] in US District Court for the Southern District of New York (SDNY) [official website], which then invalidated all of Myriad's patents [JURIST report]. In a 2-1 ruling the Federal Circuit reversed in part [opinion, PDF; JURIST report], rejecting Myriad's method patent but holding the gene patents themselves valid as "the difference between knowledge of nature and reducing a portion of nature to concrete form, the latter activity being what the patent laws seek to encourage and protect." The ACLU and PUBPAT argue that Mayo "gave new vigor" to the principles used in determining whether a product of nature has been "transformed" enough to make it patentable, and that it supports the conclusion that cDNA is not patentable material. The same three-judge panel is sitting to rehear the case.

The ACLU and PUPAT are concerned that these types of patents limit the amount of research that can be done and the availability of diagnostic tests associated with these genes to women in need. They filed a petition for certiorari [JURIST report] in the Supreme Court in 2011 after the Federal Circuit ruling that the patents were valid. This decision was contrary to the position of the Obama administration, which filed an amicus curiae brief [JURIST report] in support of the ACLU and PUBPAT. JURIST Guest Columnist Doreen Hogle [official profile] argued that the Mayo decision raised questions as to what innovations are subject to patent law protection and may result in stifled investment in technology [JURIST comment].




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Philippines rights commission to investigate mass grave
Sung Un Kim on July 23, 2012 10:57 AM ET

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[JURIST] The Commission on Human Rights of the Philippines [official website] announced Monday that it will investigate a recently discovered mass grave containing at least 30 suspected victims of the country's military coup in the 1980s. The chairwoman of the Commission Loretta Rosales [official profile] stated [WP report] that it is too early to draw conclusions on the identities of the perpetrators. The skeletal remains were removed on Sunday by Philippines soldiers and police officers after a farmer discovered them. It was reported that officials found evidence of torture such as cracked skulls. It was alleged that the victims were killed by the Philippines New People's Army (NPA) based on accusations of being military spies. The identity of the skeletons have yet to be determined and the government seeks the cooperation of victims' families to make the process faster.

The Philippines has been facing criticism for numerous human rights violations. Earlier this month, two UN Special Rapporteurs urged [JURIST report] the government of the Philippines to protect human rights defenders and ensure that they can pursue their work without interference. The call came after killings of rights defenders such as Fr. Fausto Tenorio who was found murdered in Mindanao last year and death threats directed against the families of such defenders. In April, Human Rights Watch (HRW) [advocacy website] sent a letter to the chief of staff of the nation's military calling the Philippines to address the issue of numerous human rights abuses and hold perpetrators accountable [JURIST report]. HRW urged action in four areas: ending impunity for extrajudicial killings and enforced disappearances; addressing abuses by paramilitary forces; ceasing falsely tagging children as rebel fighters; and ending military use of schools. The human rights group had already urged the government to act on human rights violations last year when it announced that the country's authority has failed to investigate and prosecute extrajudicial killings [JURIST report] tied to the country's military. In July 2010 President Benigno Aquino [BBC profile] signed an executive order to set up a "truth commission" to investigate allegations [JURIST report] that the outgoing administration engaged in corruption and human rights violations. The move came after he announced [JURIST report] earlier that month his plans for the investigation into the allegations.




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Israel government asks Supreme Court to delay West Bank outpost evacuation
Keith Herting on July 23, 2012 8:00 AM ET

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[JURIST] The Israeli government on Sunday requested that the Supreme Court of Israel [official website, in Hebrew] block the planned evacuation of the Migron settlement in the West Bank [JURIST news archive]. The court had earlier insisted upon an August 1 dispersal of the camp, but the government is hoping to delay that until August 30. The Israeli state is concerned that the dismantling of the camp during the Muslim holy month of Ramadan will exacerbate tensions [AP report] between West Bank settlers and the Israeli people.

West Bank settlements have caused tension between Israel and Palestinian authorities as well as criticism by international groups despite the Israeli parliament's vote [JURIST report] last month against legalizing the unauthorized settlement. Last month the UN Special Rapporteur on the situation of human rights in the occupied Palestinian territories Richard Falk demanded [JURIST report] Israel cease its demolition [press release] of Palestinian buildings in the West Bank settlements after finding that the demolition of Palestinian structures such as houses, animal shelters, water cisterns and roads have risen by 87 percent from last year. Israel responded to international investigations into these settlements by announcing [JURIST report] in March that it will sever ties to the UN Human Rights Council. The announcement came after the UN body initiated its investigation to determine the effect that Israeli settlements have had on the civil, political, economic and cultural rights of the Palestinian people. Even in March 2010, UN Secretary-General Ban Ki-moon [official profile] called [JURIST report] Israeli settlement construction in the West Bank "illegal."




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