JURIST - Paper Chase: Thursday, November 22, 2012

[JURIST] A federal judge for the US District Court for the Northern District of California [official website] on Wednesday ordered [text, PDF] Apple to disclose a full copy of its settlement agreement with HTC to Samsung Electronics [corporate websites]. HTC and Apple announced earlier this month that they had reached a global settlement [JURIST report] dismissing all patent lawsuits between the two companies. Samsung hopes that the settlement details will help the company at a hearing scheduled for December over Apple's bid for a permanent US sales ban on eight Samsung smartphone models and one tablet computer. Samsung has also requested that the court add the iPod Touch 5, the iPad 4, and the iPad mini to the list of Apple devices that it claims have infringed on Samsung patents.

Apple and Samsung have been embroiled in continuous patent litigation in courts around the world. In October, the Dutch Rechtbank's-Gravenhage [official website] court ruled that Samsung did not infringe [JURIST report] on an Apple software patent. In the same month a UK court also ruled that Samsung did not infringe [JURIST report] on an Apple design patent. In the same time frame Apple appealed a Tokyo District Court ruling [JURIST report] which dismissed the company's claim that Samsung had infringed on its patents. At the beginning of October, the US Court of Appeals for the Federal Circuit [official website] reversed an injunction [JURIST report] against Samsung that prevented it from selling its Galaxy Nexus product. Earlier in August, Apple won a $1.05 billion judgment [JURIST report] in the Northern District of California against Samsung involving other patent infringements.

[JURIST] The UN General Assembly (UNGA) [official website] on Tuesday passed a resolution [text, PDF; press release] condmening extrajudicial, summary, and arbitrary executions on the basis of "gender identity" for the first time. In a vote of 108 to 1, the UNGA amended the resolution to include language urging states around the world "to investigate...all killings committed for any discriminatory reason, including sexual orientation or gender identity." The UNGA's approval of the amendment effectively overturned a 2010 resolution [press release] that removed references to protection from extrajudicial execution on the basis of "sexual orientation." Rights groups from around the world have praised the UNGA's decision to support protections from discriminatory execution based on LGBT status. Amnesty International's [advocacy website] UN representative, Jose Luis Diaz said Wednesday: "The [UNGA] sent a strong message, reaffirming everyone must be protected from extrajudicial killings." Changes in the resolution were originally introduced by Sweden and co-sponsored by 34 states from around the world.

Sexual orientation and LGBT rights continue to be a contentious issue in societies worldwide. In July UN Secretary-General Ban Ki-moon praised [JURIST report] human rights activists for their work to protect LGBT rights while calling for an end to discrimination based on sexual orientation and stressing that violence and discrimination against the LGBT community is a human rights violation. In June Human Rights Watch urged [JURIST report] the Bulgarian Justice Minister Diana Kovacheva to denounce calls to violence by anti-gay groups in anticipation of a LGBT pride parade in Sofia, Bulgaria. During the same month, Ugandan Minister of State for Ethics and Integrity Simon Lokodo said [JURIST report] that the government was not discriminating based on sexual orientation. The statement came days after the government had announced [JURIST report] that it would ban at least 38 non-governmental organizations that are accused of recruiting children to homosexuality.

[JURIST] Lululemon Athletica Inc. (Lululemon), a Canadian clothing company, settled a lawsuit on Tuesday with Calvin Klein Inc. [corporate websites] over alleged patent infringement of yoga pants. A spokesperson for Lululemon said that the terms of the settlement are confidential [Reuters report]. After both companies agreed to settle, Lululemon withdrew the case in a filing in federal court in Wilmington, Delaware. In Lululemon Athletica Canada, Inc., v. Calvin Klein, Inc., Lululemon sued Calvin Klein for unspecified damages for infringement [Bloomberg report] of three different patents. Specifically one design patent [JURIST op-ed] protecting the distinctive waistband around Lululemon's best-selling yoga pants. The patent protects all Lululemon products sold in the US, including their famous Astro Pant name.

JURIST Guest Columnist Louise Lau analyzed [JURIST op-ed] the effects that Lululemon's design patent lawsuit against Calvin Klein might have on the fashion industry in a Dateline piece. "In an industry that has traditionally accepted inspiration and appropriation as the status quo, Lululemon Athletica's lawsuit against Calvin Klein Inc., speaks loudly to the shifting paradigm of the application of intellectual property law to the fashion industry. The high-end yoga and sports apparel maker filed a complaint in the US District Court for the District of Delaware alleging that Calvin Klein's Performance Pant infringes on Lululemon's design patent for its Astro Pant. Design patents offer protection to the ornamental features of a creation. This presents challenges in the fashion industry because the limited life of certain pieces from season to season rarely warrant a patent."

[JURIST] The UN Security Council [official website] on Wednesday condemned [statement; press release] piracy and acts of armed robbery against vessels off the coast of Somalia. The Security Council urged the international community to develop a comprehensive response to discourage these acts. The Security Council unanimously adopted resolution 2077, which renewed pressure on States and regional organizations to fight sea crimes. The resolution called on member states to enact domestic legislation that criminalizes piracy and to assist Somalia in prosecuting pirates. The Security Council requests that Somalia work with the UN to enact a comprehensive set of anti-piracy laws. The resolution also called on States to investigate illegal fishing and dumping. The resolution states:

He also stressed that allegations of illegal fishing and illegal dumping off the Somali coast, as presented in the Secretary-General's report, must be fully investigated, lest the impression be created that the Council was willing to act to curb piracy only because the vital economic interests of some countries were threatened. He added that the absence of a declared maritime economic zone must not be used to justify the illegal exploitation of Somali resources. There was nothing in the Convention on the Law of the Sea that suggested that the existence of such a zone was subjected to its declaration by the coastal State.

The resolution said that anti-piracy laws and maritime law enforcement are an integral part of combating piracy.

Earlier this week UN Deputy Secretary-General Jan Eliasson stressed the need to address the causes of maritime piracy [JURIST report] with a "multi-dimensional approach". Addressing the UN Security Council, Eliasson noted three areas of concern that warrant immediate action: 1) better coordination, information-sharing and trust-building among countries and agencies involved in counter-piracy operations; 2) stronger capacity to prosecute piracy cases and imprison those convicted in accordance with international human rights standards; and 3) the establishment of a framework governing the use of privately contracted armed security personnel on board vessels. Last month the Hanseatic Higher Regional Court of Hamburg issued sentences [JURIST report] for 10 Somalis who were involved in the hijacking the German freighter MS Taipan off the coast of Somalia two years ago.