On Wednesday’s Gist, you didn’t think Trump’s latest political nominee was scandal-free, did you?
And as the Supreme Court weighs Trump’s travel ban on Muslim-majority countries, one of its most notorious decisions still stands. Korematsu v. United States upheld America’s wartime internment of thousands of Japanese Americans, and it’s still cited as legal precedent today. Harvard Law School’s Martha Minow recently wrote about the decision and its relevance in 2018.
In the Spiel, president Trump’s approval ratings are highest in West Virginia. Senate candidate (and former convict) Don Blankenship is rolling with it.
On April 16, 2018, the Supreme Court heard argument in WesternGeco, LLC v. ION Geophysical Corporation, a case that the Court again took up after having remanded it to the U.S. Court of Appeals for the Federal Circuit for reconsideration in light of the Supreme Court’s 2016 decision Halo Electronics, Inc. v. Pulse Electronics, Inc. In 2015, WesternGeco sued ION for patent infringement. The jury found in favor of WesternGeco, awarding it $93.4 million in lost profits and a reasonable royalty of $12.5 million. Because the jury also found that ION was “subjectively reckless” in its infringement, WesternGeco petitioned the court for additional damages available under applicable law for “willful” infringement, invoking the then-applicable two-part test set out in the Federal Circuit’s In re Seagate decision, which has both a subjective and an objective component. ION countered by arguing that neither component could be satisfied, and the district court agreed as to the objective component, concluding that ION’s positions had been reasonable and not objectively baseless--and therefore would not support a finding of willful infringement under Seagate. On appeal the Federal Circuit reversed the award of lost profits, concluding that WesternGeco was not entitled to lost profits resulting from foreign uses of its patented invention. As to the issue of enhanced damages for willful infringement, however, the Federal Circuit affirmed the judgment of the district court. WesternGeco then sought certiorari from the Supreme Court. After issuing its decision in Halo Electronics--which addressed the standard for enhanced damages--the Supreme Court granted the petition, vacated the Federal Circuit’s judgment, and remanded the case for reconsideration in light of the reasoning in Halo Electronics. The Federal Circuit in turn reinstated the part of its previous decision reversing the lost profits award, but otherwise remanded the case to the district court to consider whether the evidence at trial was sufficient to support the jury’s finding of subjective willfulness. If so, the Federal Circuit indicated, the district court must then exercise its discretion to determine whether enhanced damages were warranted. In the meantime, WesternGeco successfully petitioned the Supreme Court to grant certiorari on whether the Federal Circuit erred in holding that lost profits arising from prohibited combinations occurring outside of the United States are categorically unavailable in cases in which patent infringement is proven under 35 U.S.C. § 271(f). That provision makes it an act of patent infringement to supply “components of a patented invention,” “from the United States,” knowing or intending that the components be combined “outside of the United States,” in a manner that “would infringe the patent if such combination occurred within the United States.” To discuss the case, we have Stephen Yelderman, Professor of Law at Notre Dame Law School.
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
Arcade Fire is a Grammy-winning six-piece band originally from Montreal. They’ve released five albums, and the last three have all debuted at number one on the charts. In this episode, singer Win Butler takes apart "Put Your Money On Me," from their 2017 album Everything Now. He breaks down how the influence of Marvin Gaye, Harry Nilsson, and ABBA all helped shape how the song eventually turned out. You’ll hear the original demo, and an alternate version of the song that was never finished. The story begins when Win and his wife and bandmate Régine Chassagne moved to New Orleans.
From imaginary friends to tulpas, the idea that that the human mind can create life through focused thought alone is as old as recorded civilization. But what does science have to say about imaginary friends? Are they pure hallucinations, part of a healthy psychological process, or something else? Join the gang as they delve into the fact and fiction surrounding the strange idea of a living thought.
If you’re confused by all the tax-advantaged retirement account options you can choose from, it’s time to get clarity and use them to build more wealth for the future. Laura walks you through 3 simple steps to choose the right retirement accounts for your situation. And keep listening for a BONUS tip from The Penny Hoarder on ways to earn money from the comfort of your own home!
On Tuesday's Gist, Donald Trump’s win has inspired a whole bunch of down-ballot Republicans, and boy, are they lame.
What is retroactive classification, and is it going to get former FBI Director James Comey in trouble? Bradley P. Moss specializes in litigation related to security clearance law. He explains why Comey may need to worry about prosecution for leaking government secrets. Moss is the deputy executive director of the James Madison Project to promote government accountability and reduction of secrecy.
In the Spiel, is third-time dad Prince William ugly? We ask the question, for science!
Administrative law judges tend to work in obscurity. In Lucia v. Securities and Exchange Commission, the proper role of these administrators is squarely before the U.S. Supreme Court. Andrew M. Grossman comments.
