Federal Circuit affirms jury verdict holding that Microsoft infringed another company’s patents relating to the prevention of software piracy: You can access today’s ruling at this link. I guess the jury didn’t buy the defense that sometimes you must improperly use someone else’s intellectual property to ensure that others aren’t improperly using your intellectual property.

“The dissent characterizes the wearing of the GPS monitoring system as ‘a catalyst for public ridicule’ akin to traditional forms of community shaming or humiliation.” So writes the majority on a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit today in rejecting a sex offender’s challenge to a requirement under the Tennessee Serious and Violent Sex Offender Monitoring Pilot Project Act that he wear a GPS tracking device. According to the majority opinion:

The device that Doe must wear is relatively unobtrusive, measuring only 6 inches by 3.25 inches by 1.75 inches and weighing less than a pound. In its size, shape, and placement (hooked to a belt), it appears very similar to a walkie-talkie or other nondescript electronic device. Furthermore, we have every reason to believe that the dimensions of the system, while not presently conspicuous, will only become smaller and less cumbersome as technology progresses. We similarly cannot agree that the device’s appearance would suggest to the casual observer that the wearer is a criminal, let alone a sex offender. The monitoring system could easily be viewed as a two-way communication device, a personal organizer, a medical apparatus, or as a monitoring system for employees entrusted with company property, such as delivery drivers or couriers. However, even assuming the public would recognize the device as a criminal monitor, there is no evidence to suggest an observer would understand the wearer to be a sex offender. These devices can be utilized in a variety of contexts, such as pretrial monitoring and work release, and are, in fact, advertised for use in such situations. Indeed, the dissent can only point to a single incident wherein a member of the public recognized the device as a monitor, and, even then, there was no evidence to suggest that the observer knew the device to be one that monitored sex offenders, as opposed to criminals generally.

You can access today’s ruling at this link.

“A bout of gas or indigestion does not justify a race to the courthouse.” Circuit Judge Brett M. Kavanaugh today issued an opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit that begins, “In this case, a group of lactose-intolerant individuals filed an unusual class-action lawsuit against nine sellers of milk. The plaintiffs allege that they consumed milk before they were aware of their lactose intolerance and, as a result, suffered temporary gas and stomach discomfort. According to plaintiffs, the milk sellers should have put warnings on the labels, informing consumers that some individuals might be intolerant of milk.”

“Senate to Debate Telecom Firms’ Immunity in Surveillance Role”: Dan Eggen has this article today in The Washington Post.

The New York Times reports today that “Panel Drops Immunity From Eavesdropping Bill.”

And in The Washington Times, U.S. Senator Russ Feingold (D-WI) has an op-ed entitled “Fixing the surveillance law.”

“Calif. Court Rejects SUV Mileage Rules”: This front page article appears today in The Washington Post.

The New York Times reports today that “Court Rejects Fuel Standards on Trucks.”

The Los Angeles Times reports that “Ruling may drive tighter fuel standards; The federal appeals court decision targets a loophole that lets top-selling sport utility vehicles get fewer miles per gallon than passenger cars.”

The San Francisco Chronicle reports that “Truck, SUV mileage standards thrown out by U.S. appeals court.”

And USA Today reports that “Court orders tougher fuel rules; Lawsuit challenged goals for pickups, minivans and SUVs.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

“Judge stops enforcement of silence law”: Today’s edition of USA Today contains an article that begins, “A federal judge put a stop Thursday to enforcing a mandatory moment of silence in Illinois public schools that opponents say is an attempt to institute school prayer.”

My earlier coverage appears at this link.

“Doctor barred by Missouri helps in federal executions; A judge cites the physician’s dyslexia in banning him from participation in state lethal injections; His role has been cited in several death penalty challenges”: Henry Weinstein had this article yesterday in The Los Angeles Times.

“Supreme Court halts Florida execution”: The Miami Herald contains this article today.

Today in The Christian Science Monitor, Warren Richey reports that “U.S. Supreme Court stays Florida execution; The case is the latest showdown over whether lethal injections should be delayed until a key death penalty decision.”

The Orlando Sentinel reports that “Top court halts execution — killer’s future uncertain.”

The Palm Beach post reports that “Killer, slain boy’s family wait as courts say yes, no to execution.”

The Tallahassee Democrat contains articles headlined “Schwab stay marks nationwide halt to executions” and “Supreme Court halts Schwab execution.”

Florida Today contains an article headlined “Schwab met family, declined meal, before call” and an editorial entitled “Justice delayed: Rios-Martinez family deserves swift decision in Schwab death penalty debate.”

And The New York Times reports that “Justices Move Again to Postpone an Execution.”

“Red Cross Monitors Barred From Guantanamo”: This article appears today in The New York Times.

My earlier coverage appears at this link.

“Federal Prosecutor Nominated To Appeals Court in Richmond”: The Washington Post today contains an article that begins, “The Bush administration nominated Maryland’s top federal prosecutor, U.S. Attorney Rod J. Rosenstein, late yesterday to fill a long-standing vacancy on the federal appeals court in Richmond.”

And The Baltimore Sun reports today that “Bush picks U.S. attorney for Md. for 4th Circuit.”

“For Ashcroft, Something Old, Something Nude”: Today in The Washington Post, Al Kamen’s “In the Loop” column begins, “It was, let’s face it, inevitable. And so, on Wednesday, at the swearing-in of Attorney General Michael Mukasey at the Justice Department, former attorney general John D. Ashcroft was reunited with ‘The Spirit of Justice,’ the 12-foot Art Deco-era sculpture his aides once famously covered with giant blue drapes at a cost of more than $8,000.”

“Federalists Relish Well-Placed Friends; President, Several Justices Help Celebrate Legal Society’s 25 Years of Conservatism”: Robert Barnes has this article today in The Washington Post. Also in that newspaper today, Dana Milbank’s “Washington Sketch,” headlined “Let’s Do the Time Warp Again,” begins, “The Earth has circled the sun 16 times since Clarence Thomas took his seat at the Supreme Court. But for Justice Thomas, it’s forever 1991. Thomas may be a mute during oral arguments, but yesterday he opened his heart in the safe confines of the conservative Federalist Society’s annual gathering. And it took him precisely 31 seconds to get to the subject most on his mind: his confirmation battle.”

Today in The Los Angeles Times, David G. Savage reports that “Bush, justices address Federalist Society; Most of the president’s remarks to the conservative legal group attack the Senate confirmation process as harsh and partisan.”

The Washington Times contains an article headlined “Bush: Politics sully nominees.”

And Legal Times has an article headlined “Justice Thomas to Federalist Society: ‘What Happened to My Life?’”

“Bonds Charged With Perjury in Steroids Case”: This article appears today in The New York Times, along with an article headlined “Bonds’s Trainer Is Released, but He Isn’t in Clear Yet.” Murray Chass has an “On Baseball” column headlined “Indictment Deepens Baseball’s Shame.” And sports columnist George Vecsey has an essay entitled “The Truth Could Have Set Bonds Free.”

The Washington Post today contains a front page article headlined “Home Run King Bonds Charged With Perjury,” along with articles headlined “An Asterisk Looms Over Baseball: Game’s Most Hallowed Mark Is Again Called Into Question” and “Herein Lies A Lesson: Bonds Joins a Fraternity Of Those Charged With Deceiving, Not With Doing.” And sports columnist Michael Wilbon has an essay entitled “Giant Catch for Feds.”

In The Los Angeles Times, Henry Weinstein reports that “Barry Bonds case could hinge on a single word: ‘knowingly’; To make perjury charges stick, prosecutors must prove that baseball’s home run king knew he was using performance enhancing substances.” The newspaper also contains articles headlined “Bonds charged with perjury; The home run king also faces an obstruction of justice indictment over whether he lied under oath about steroid use” and “Bonds’ legacy is safe at home; For the most part, San Franciscans say the indictment doesn’t affect their admiration for the former Giant.”

The San Francisco Chronicle contains articles headlined “Barry Bonds indicted on 4 perjury counts, obstruction of justice“; “The key evidence of steroid use in government’s case against Bonds“; “As Bonds heads to court, MLB troubles mount“; and “Indictment of Bonds changes few minds among fans.” In addition, columnist Gwen Knapp has an essay entitled “Barry Bonds won’t be running the show in the courtroom.”

USA Today contains a front page article headlined “Baseball’s home run king faces possibility of prison; Bonds’ career likely over after indictment alleges he lied about using steroids.”

And The Recorder reports that “Barry Bonds Indicted for Perjury, Obstruction of Justice.”

“Bush Announces 5 Nominees for Top Justice Posts”: The New York Times contains this article today.

And Legal Times reports that “Bush Fills Five DOJ Vacancies.”

“Vioxx Plaintiffs’ Choice: Settle or Lose Their Lawyer.” This article appears today in The Wall Street Journal.

“In Contempt”: The New York Times today contains an editorial that begins, “White House Chief of Staff Joshua Bolten and Harriet Miers, the former White House counsel, showed their utter disregard for Congress, the Constitution and the American people when they defied Congressional subpoenas in the United States attorneys scandal. The House Judiciary Committee rightly voted to hold them in contempt, and now the matter goes to the full House.”

“Supreme Court to settle tug of war over the Delaware; Plan to build natural gas plant on riverbank strains two states’ ties”: This article appears today in USA Today.

“Why was assault called harassment?” Today in The Houston Chronicle, columnist Rick Casey has an op-ed that begins, “I may have been too harsh Sunday when I criticized the 19-member judicial council of the 5th U.S. Circuit for characterizing the alleged behavior of U.S. District Judge Samuel Kent as ‘sexual harassment.'”

“Appeals court says Arizona attorneys must serve as arbitrators”: The Associated Press provides a report that begins, “A federal appeals court on Thursday upheld an Arizona court rule requiring lawyers to serve as arbitrators on some civil cases with little pay, even if they object.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

“The tax code is nowhere near the center of my intellectual life, and generally I find estate tax law about as exciting as Hegel’s metaphysical theory of the identity of opposites.” So begins an interesting dissenting opinion that Eleventh Circiut Judge Ed Carnes issued today.

“State defends death penalty for child rape”: Lyle Denniston has this post at “SCOTUSblog.”

“Bush names 21 officials to fill Justice Dept. vacancies”: Marisa Taylor of McClatchy Newspapers provides this report.

“Bush Derides Approval Process for Judicial Nominees”: Holly Rosenkrantz and Greg Stohr of Bloomberg News provides this report.

The Associated Press provides reports headlined “Bush: Review of Judges Is Mean-Spirited” and “Giuliani Woos Conservatives on Judges.”

And earlier today, The Hill reported that “Bush to take aim at judicial confirmation process.”

You can access the transcript, along with audio and video, of President Bush’s remarks via this link.

“Court throws out expansion of Pa.’s hate-crimes law”: The Associated Press provides a report that begins, “A state court Thursday threw out language that expanded Pennsylvania’s hate-crimes law to include crimes committed on the basis of the victim’s sexual orientation or physical disabilities, because the restrictions were inserted into a bill that originally dealt with agricultural crimes.”

You can access today’s ruling of the Commonwealth Court of Pennsylvania at this link.

“School ‘silence’ rebuked; Judge bars moment in District 214 case”: The Chicago Tribune today contains an article that begins, “The state’s new law mandating a moment of silence at the start of the school day may be derailed after a federal judge on Wednesday blocked its imposition in one suburban district. U.S. District Judge Robert Gettleman issued a preliminary injunction barring the moment of silence in Arlington Heights-based Township High School District 214, calling it too vague and ‘likely unconstitutional.’ The judge made the decision after a hearing on a lawsuit brought by local atheist activist Rob Sherman over issues of separation of church and state. Sherman sued to block the moment of silence at Buffalo Grove High School, where his daughter is a freshman.”

And The Chicago Sun-Times today contains an article headlined “Judge blocks moment of silence; ‘It’s nice to win one,’ says atheist activist.”

I have posted online at this link the ruling of the U.S. District Court for the Northern District of Illinois.

“ACLU seeking review of ruling on Statehouse prayer; Indiana branch wants entire appellate court to decide on challenge”: The Indianapolis Star today contains an article that begins, “The ACLU of Indiana has asked the full 7th U.S. Circuit Court of Appeals to reconsider a three-judge panel’s dismissal of the group’s challenge to sectarian prayers at the Statehouse.”

My earlier coverage of last month’s Seventh Circuit ruling appears here and here.

“Anti-gay church asks federal judge to stay judgment against it; $10.9 million awarded to Marine’s family”: This article appeared yesterday in The Baltimore Sun.

“Court Rejects Fuel-Economy Standards”: The New York Times provides a news update that begins, “A federal appeals court in San Francisco today rejected the Bush administration’s year-old fuel economy standards for light trucks and sport utility vehicles. It said the rules were not tough enough because regulators had not thoroughly assessed the economic impact of tailpipe emissions that contribute to climate change.”

And The San Francisco Chronicle provides a news update headlined “Court tosses new fuel standards for SUVs, trucks, cites threat of global warming.”

You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

“Chicago Judge Tapped for Justice Post”: Lara Jakes Jordan of The Associated Press provides a report that begins, “The White House on Thursday tapped a Chicago federal judge to assist Attorney General Michael Mukasey in overhauling the Justice Department as a new report described lagging public confidence in the agency following months of upheaval. If U.S. District Judge Mark Filip is confirmed as deputy attorney general, two former federal jurists will hold the two top Justice Department jobs. Mukasey is a retired district judge from Manhattan.”

You can access today’s Justice Department nominations at this link.

“Bonds indicted on perjury, obstruction of justice charges”: The San Francisco Chronicle provides this news update. The newspaper has posted the federal indictment online at this link.

The White House has today announced two federal appellate court nominations: They are “Gene E. K. Pratter, of Pennsylvania, to be United States Circuit Judge for the Third Circuit, vice Franklin S. Van Antwerpen, retired” and “Rod J. Rosenstein, of Maryland, to be United States Circuit Judge for the Fourth Circuit, vice Francis D. Murnaghan, Jr., deceased.” You can access the formal announcement at this link.

“Supreme Court Halts Fla. Execution”: The Associated Press provides a report that begins, “The U.S. Supreme Court halted the execution of convicted child killer Mark Dean Schwab on Thursday, hours before he was scheduled to die.”

And at “SCOTUSblog,” Lyle Denniston has this related post.

Update: Earlier today, before the U.S. Supreme Court entered its stay of execution, the U.S. Court of Appeals for the Eleventh Circuit issued this decision setting aside the federal district court’s stay of execution.

“Justice for Sale”: Today in The Wall Street Journal, Justice Sandra Day O’Connor has an op-ed that begins, “Voters generally don’t express much interest in the election of judges. This year, as in years past, voter turnout in elections for judges was very low. But judicial elections, which occur in some form in 39 states, are receiving growing attention from those who seek to influence them. In fact, motivated interest groups are pouring money into judicial elections in record amounts. Whether or not they succeed in their attempts to sway the voters, these efforts threaten the integrity of judicial selection and compromise public perception of judicial decisions.”

“Nursing home infidelity bittersweet but common”: The Toronto Globe and Mail today contains an article that begins, “Sandra Day O’Connor retired from the U.S. Supreme Court last year to care for her husband, John, who has Alzheimer’s disease. Now he’s fallen in love with another woman – and his wife approves.”

“Federal Grand Jury Indicts Barry Bonds”: The Associated Press provides a report that begins, “Barry Bonds was indicted Thursday on perjury and obstruction of justice charges, culminating a four-year federal investigation into whether he lied under oath to a grand jury looking into steroid use by elite athletes. The indictment came three months after the 43-year-old Bonds passed Hank Aaron to become baseball’s career home run leader. Bonds parted ways with the San Francisco Giants after the season.”