Month: October 2019

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The Intelligence from The Economist - The course of Trudeau love: Canada’s election

Justin Trudeau will remain prime minister, but will lead a minority government. He will probably be able to continue with his progressive push, but his halo is a bit tarnished. It’s ten years this month since Greece’s financial implosion; we look back on a decade spent balancing the books. And, the surprising success of fun stock-ticker symbols. 

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SCOTUScast - Peter v. NantKwest Inc. – Post Argument SCOTUScast

On October 7, 2019, the Supreme Court heard oral argument in Peter v. NantKwest Inc., a case which considers whether a party opting to bring a challenge in federal district court to an adverse decision of the U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (PTAB) must pay the PTO’s resulting attorney’s fees.
When a patent application is rejected by the PTO, and the PTAB affirms that decision on appeal, the aggrieved applicant may either pursue further (but relatively constrained) review in the U.S. Court of Appeals for the Federal Circuit--or the applicant may file a more expansive challenge in federal district court. The latter option is authorized by 35 U.S.C. § 145, but the statute also provides that “[a]ll the expenses of the proceedings shall be paid by the applicant.”
Here, NantKwest challenged an adverse PTAB decision in federal district court, but lost. After the judgment was affirmed by the Federal Circuit, the PTO sought reimbursement of its expenses from NantKwest, including nearly $80,000 in attorneys’ fees. The district court denied recovery based on the “American Rule” that parties in federal court typically bear their own fees unless otherwise directed by Congress. A divided en banc panel of the Federal Circuit ultimately affirmed the district court. This decision, however, was in tension with the U.S. Court of Appeals for the Fourth Circuit’s construction of similar language in the Lanham Act.
Thereafter, the Supreme Court granted certiorari to consider whether the phrase “[a]ll the expenses of the proceedings” in 35 U.S.C. § 145 encompasses the personnel expenses the PTO incurs when its employees, including attorneys, defend the agency in Section 145 litigation.
To discuss the case, we have Robert J. Rando, Founder and Lead Counsel, The Rando Law Firm P.C.*
*Please note that Mr. Rando is co-Counsel on an Amicus brief filed on behalf of the Association of Amicus Counsel in this case.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
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The Best One Yet - Spotify’s earnings preview, Ford’s Explorer problems, and Destination Maternity’s bankruptcy

Spotify’s earnings are next week, so we’re previewing how they’re making money (and the unique global strategy). Ford’s kinda dependent on its SUVs and trucks, but the new Explorer didn’t work out as planned. And Destination Maternity filed for bankruptcy because our generation has, you know, ruined parenthood. Learn more about your ad choices. Visit podcastchoices.com/adchoices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
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What Next | Daily News and Analysis - How El Chapo’s Son Got Away

Last Thursday, in the city of Culiacán, a massive gun battle between Mexican government forces and the Sinaloa cartel erupted in broad daylight. It was captured on cameras by residents across the city. For hours, residents took shelter as the Mexican forces detained the son of El Chapo, Ovidio Guzman Lopez, and tried to hold off the cartel. When it ended, El Chapo’s son was released. So why did the Mexican government give into the Sinaloa cartel’s demands? And what can be done on both sides of the border to stop such brutal violence?

Guest: León Krauze, journalist at Univision and Slate columnist

Podcast production by Mary Wilson, Jayson De Leon, Danielle Hewitt, and Mara Silvers.

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Short Wave - Finally, An All-Female Spacewalk

NASA astronauts Christina Koch and Jessica Meir completed the first all-female spacewalk last week. The historic moment came 35 years after Kathryn Sullivan became the first American woman to spacewalk. We hear from Koch, Meir, and Sullivan. And former NASA chief scientist Ellen Stofan tells us why she says this moment is long overdue. Follow host Maddie Sofia on Twitter @maddie_sofia. Email the show at shortwave@npr.org.

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The NewsWorthy - Canada’s PM, Opioid Settlement & Best Cities to Visit – Tuesday, October 22nd, 2019

The news to know for Tuesday, October 22nd, 2019!

What to know today about everything from Canada's national elections to a major settlement in the opioid crisis.

Plus: we're talking about the World Series, customized cruise control, and the best places to travel in 2020.

Those stories and more in less than 10 minutes!

Award-winning broadcast journalist and former TV news reporter Erica Mandy breaks it all down for you. 

Head to www.theNewsWorthy.com to read more about any of the stories mentioned under the section titled 'Episodes' or see sources below...

Today's episode is brought to you by www.Blinkist.com/news

Thanks to The NewsWorthy INSIDERS for your support! Become one here: www.theNewsWorthy.com/insider 

 

Sources:

Canada Elections: CNN, Vox, Global News

Israeli Government: Washington Post, NPR, NBC News

Brexit Update: WSJ, BBC, CNBC

Chile Unrest: NPR, The Guardian

Opioid Crisis Settlement: AP, WSJ, CNN, ABC News 

Dallas Tornado: CBS Dallas, AP

LA Fires: USA Today,  

Facebook Election Interference: NBC News, AP, The Hill, Reuters

World Series: MLB, CBS Sports

Ozone Hole: Fox News, USA Today, CNN

Customized Cruise Control: Cnet, Engadget

Pixel 4 Face Unlock: Gizmodo, The Verge 

Best Places to Travel: Lonely Planet, Insider 

 

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The Daily Signal - Andy McCarthy on the Real Collusion, and the Lessons of the Mueller Investigation

Was there ever a valid reason for the Mueller investigation? What are the lessons for the country about this two-year process and how it unfolded? And what about this new impeachment push? We speak about all this with Andrew McCarthy, author of the new book, “Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency."


We also cover the following stories:

  • President Trump is dismissive of impeachment push.
  • House Republicans fail in an attempt to get the House to censure Rep. Adam Schiff.
  • A transgender athlete is defiant after winning in a women's competition.

The Daily Signal podcast is available on Ricochet, iTunes, Pippa, Google Play, or Stitcher. All of our podcasts can be found at DailySignal.com/podcasts. If you like what you hear, please leave a review. You can also leave us a message at 202-608-6205 or write us at letters@dailysignal.com. Enjoy the show!


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The Nod - Six Degrees: Mogul Edition

The Gimlet podcast, Mogul, is back with a new host and a new season about Miami hip hop and the infamous 2 Live Crew. Brittany and Eric invite the new host of the show, Brandon "Jinx" Jenkins, into the studio to learn more about what led this season of Mogul to the 305. And Brittany and Brandon go head to head in a special Miami themed round of Six Degrees of Black Separation.

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Opening Arguments - OA325: Putin’s Puppet? The Open Skies Treaty

Today's show features a few segments from the LA live show, including a medium dive on the Open Skies Treaty. We break down what it is, what Trump is intending to do with it, and why his behavior is incredibly... weird. We also break down a story involving Covington and Burling winning legal fees against the government.

-Support us on Patreon at: patreon.com/law

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-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!