JURIST - Paper Chase: Sunday, September 16, 2012

[JURIST] A judge for the US International Trade Commission (ITC) on Friday issued a preliminary ruling [text; PDF] against Samsung in their complaint that mobile phones and tablet computers imported by Apple [corporate websites] infringed on four Samsung patents. The patents in this case covered narrow data processing and user input methods. Samsung asked that the ITC block the import of the devices they claim infringe on their patents. In addition to finding no infringement, the ruling also found no domestic industry that utilized the patents in question. The matter can now go before the full commission for final review. The ITC has become an important venue in patent infringement actions with Morotrola Mobility, Apple and Kodak [JURIST reports] involved in recent cases.

Apple and Samsung have been embroiled in continuous patent litigation in courts around the world. In August Apple won a $1.05 billion judgment [JURIST report] against Samsung in the US District Court for the Northern District of California [official website]. The suit covered everything from the shape and design of the competing companies' tablets and smartphones to the technology employed in the devices' software interface. Following the jury award Apple moved to block [JURIST report] eight Samsung products from being produced and sold in the US. Last month a South Korean court found that Apple and Samsung had violated each others' patents [JURIST report] and banned the sales of some of the companies' products in the country. In July a UK court ruled [JURIST report] that Samsung tablets do not infringe on Apple's design. Earlier in July a federal judge issued an injunction [JURIST report] against Samsung to stop the sale of its Galaxy Nexus smartphone in the US. A week earlier the Court of Appeals for the Federal Circuit had rejected [Bloomberg report; CAFC notice] Samsung's appeal of the decision that remanded the case to the district court giving Apple another opportunity to ban Samsung's Galaxy products in the states after it partially reversed [JURIST report] the district court's refusal to grant a temporary injunction for Apple against Samsung. Apple's request for a temporary injunction was denied [JURIST report] by the district court in December.

[JURIST] Nigeria's High Court in Abuja declined to stop impeachment proceedings against President Goodluck Jonathan [JURIST news archive] on Friday. This means the Nigerian House of Representatives' impeachment proceedings for non-implementation of the nation's budget will be allowed to continue according to Nigeria's Constitution. In bringing the lawsuit, National Chairman of the African Liberation Party [party website], Dr. Emmanuel Okereke, argued [This Day report] that it is unconstitutional to begin an impeachment proceeding for failing to implement the entire 2012 budget before the fiscal year is over. The court, however, declined his request for an injunction, claiming to be exercising judicial caution. Defendants include Speaker of the House of Representatives, the House of Representatives, the National Assembly, the Attorney General of the Federation and Minister of Justice and Jonathan, but the court noted [Vanguard report] the Senate was not party to the case, making the action less urgent.

There have been several impeachment proceedings against leaders initiated around the world in the past several months. Earlier this month Myanmar Constitutional Court justices resigned [JURIST report] following an impeachment vote. In July, a Romanian court approved the suspension [JURIST report] of their president. In June Paraguay impeached its president following his trial [JURIST report].

[JURIST] Philippine President Benigno Aquino III [official profile] on Wednesday signed a cybercrimes law [RA 10175, PDF; press release] to prevent various electronic offenses including forgery, fraud, identity theft and child pornography. The new crimes are grouped into two sections: Internet Crimes and Commercial Crimes. "Among the punishable acts under the new law include offenses against the confidentiality, integrity and availability of computer data system, illegal access, illegal interception, data interference, system interference, and misuse of devices." Another new crime is "cyber-squatting" which is "the acquisition of a person's domain name in bad faith to profit, mislead, destroy the reputation and deprive others from registering the same."

Cybercrime and electronic privacy laws have been a focus of courts and legislatures throughout the world. Earlier this month New York Governor Andrew Cuomo [official website] signed into law a bill [JURIST report] that amends the state's penal code to prohibit the access and viewing of child pornography on the Internet. Internet search company Google [corporate website] has faced investigations and legal action over privacy concerns and electronic security matters in Switzerland, the EU, Japan and the US [JURIST reports] over the past year.

[JURIST] The Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website] on Sunday released the former "First Lady" of the Khmer Rouge [JURIST news archive] regime, Ieng Thirith. The court ruled that due her degenerative illness, said to likely be Alzheimers, she should be released from detention [Phnom Penh Post report, PDF]. Thirith, the sister-in-law of former leader Pol Pot [BBC backgrounder], has continued to deny any wrongdoing. While she was released with few conditions, the court reiterated that "a finding of unfitness to stand trial is not a finding on the guilt or innocence of the Accused Ieng Thirith, nor does it have the effect of withdrawing the charges against the Accused." It was requested that Thirith remain in Cambodia and refrain from speaking to the media or anyone else related to the trial.

Thirith was ruled unfit to stand trial [JURIST report] on Thursday. The week before that the ECCC announced [JURIST report] that it would declassify more than 1,700 war crimes documents. The ECCC has only convicted one former Khmer Rouge leader, Kaing Guek Eav [JURIST news archive]. Ieng Thirith was indicted [JURIST report] in September 2010 along with Ieng Sary, Khieu Samphan and Nuon Chea. The ECCC ruled in November that Ieng Thirith was unfit to stand trial, but the Supreme Court Chamber ordered that she remain in detention [JURIST reports] and that the Trial Chamber exhaust all measures so that she can stand trial. The other three went on trial [JURIST report] in November.