Happy New Year!

Happy New Year!

Happy New Year!

Happy New Year!

The Law Office of Kurt T. Koehler, 308 1/2 S. State Street Ann Arbor, Michigan (MI) 48198 (Washtenaw County); Copyright 2012 by Kurt Koehler

"Hoverboard" Patent Litigation

"Hoverboards" as they have become known, have become popular this past year.  As explained in this Wall Street Journal article, the history and intellectual property behind the device is a bit murky.  When it comes to this device, the patent systems in China and the United States interact in interesting ways that are certain to lead to litigation.  It is unclear whether the market for this device will be sustainable due to quality control safety issues and increasing regulation of the device.  Like most consumer electronics it probably has a short shelf life before something new surpasses it in either technology or culturally.  Only time will tell if the impending patent war over this device is worth it.

See also:
http://www.jdsupra.com/legalnews/patent-system-is-not-the-fire-that-61839/
http://fee.org/anythingpeaceful/the-hoverboards-patent-problem/
http://www.buzzfeed.com/williamalden/bed-bath-and-hoverboards#.kvxlpWweo
http://tech.co/hoverboard-lawsuits-copyright-infringment-2015-12
http://mic.com/articles/131397/the-knockoff-hoverboard-industry-is-exploding-faster-than-its-products
http://www.usatoday.com/story/tech/2015/12/03/razor-suing-swagway-hoverboard/76744478/
http://www.thedailybeast.com/articles/2015/12/16/the-real-reason-hoverboards-are-bursting-into-flames.html#


The Law Office of Kurt T. Koehler, 308 1/2 S. State Street Ann Arbor, Michigan (MI) 48198 (Washtenaw County); Copyright 2012 by Kurt Koehler

The Second Amendment and Californa's Mandatory Microstamping Law

In 2007 California enacted a law banning the sale of handguns that lack the ability to imprint the weapon's make, model, and serial number on the cartridge when the bullet is fired.  The purpose of the law is fairly obvious.  Imprinting information that identifies the weapon on the cartridge would aid in investigating shootings.  The law took effect in 2013.

In Pena v. Cid, 09-cv-01185, in the United States District Court for the Eastern District of California, Judge Kimberly Mueller ruled that this requirement did not implicate the Second Amendment right to bear arms.  She ruled that the Second Amendment does not guarantee a right of access to a particular type of handgun.

http://www.bloomberg.com/news/articles/2015-02-27/california-gun-microstamping-law-is-upheld-by-federal-judge

http://www.mercurynews.com/crime-courts/ci_27616476/federal-court-rejects-challenge-california-gun-safety-law

http://www.ocregister.com/articles/california-652651-law-microstamping.html

The Law Office of Kurt T. Koehler, 308 1/2 S. State Street Ann Arbor, Michigan (MI) 48198 (Washtenaw County);

Happy New Year!

Happy New Year, 2015!

Below are some links about the New Year.  Among other things, New York has banned taking selfie photos with tigers, lions, and other big cats.

http://www.utsandiego.com/news/2015/jan/01/new-laws-2015-california-legislature/

http://www.bbc.com/news/in-pictures-30648232

http://www.huffingtonpost.com/2014/12/31/photos-new-years-world_n_6402768.html

http://www.usatoday.com/story/news/nation/2015/01/01/new-laws-january-first/21055077/

http://www.wsj.com/articles/labor-marijuana-and-pets-to-get-new-laws-in-2015-1420048800

http://www.dailymail.co.uk/news/article-2892166/New-laws-OK-wine-shipments-ban-tiger-selfies.html

The Law Office of Kurt T. Koehler, 308 1/2 S. State Street Ann Arbor, Michigan (MI) 48198 (Washtenaw County); Copyright 2012 by Kurt Koehler

Supreme Court Original Jurisdiction

The lawsuit by Nebraska and Oklahoma against Colorado is an interesting development on the legalization issue. This case filed by a state against another state would fall under the original jurisdiction of the Supreme Court which like appellate jurisdiction is discretionary. Texas v. New Mexico, 462 U.S. 554, 570 (1983).  They usually appoint a special master to conduct the trial and then review the record if they take the case and if it is justicible.

The lawsuit alleges that Colorado's marijuana legalization provision violates the Supremacy Clause of the United States Constitution.  U.S. Const. Art. VI, Clause 2.  Under federal law marijuana possession is illegal.  21 U.S.C. Section 812; 21 CFR 1308.11(d).  In Section 538 (page 213) of the recently passed Continuing Resolution Omnibus Act, the federal government cannot use federal funds to enforce federal laws that make the possession of marijuana illegal against state licensed medical users of marijuana.  That provision does not apply to non-medical possession and in states that have not legalized medical marijuana.

http://news.yahoo.com/2-states-challenge-colorado-marijuana-legalization-205235212.html?soc_src=mediacontentstory&soc_trk=fb

http://www.natlawreview.com/article/supreme-court-asked-to-decide-whether-colorado-s-marijuana-legalization-violates-con

http://www.ouraynews.com/articles/2014/12/19/colorado-states-file-suit-declare-marijuana-law-unconstitutional

http://www.cato.org/blog/nebraska-oklahoma-sue-colorado

http://www.rollingstone.com/politics/news/oklahoma-and-nebraska-sue-colorado-over-dangerous-marijuana-law-20141219

The Law Office of Kurt T. Koehler, 308 1/2 S. State Street Ann Arbor, Michigan (MI) 48198 (Washtenaw County); Copyright 2012 by Kurt Koehler

Appellate Case Timelines

The Wall Street Journal has an interesting article about the length of time that recent Supreme Court cases from the last five years were pending by the time they reached the apex court.  This article only considers cases where the Supreme Court granted a writ of certiorari which is a very small percentage of the cases that are appealed there. 

Not surprisingly most the cases were pending for 4-6 years.  Criminal appeals and some interlocutory appeals take priority, but after conviction criminal cases can take far longer than civil cases where collateral habeas corpus review is sought especially in death penatly cases.  Some cases may also be remanded back to the lower courts and come back for further review.  Other cases may first reach the appellate courts on preliminary procedural matters and once those are resolved return on appeals from the judgment.

http://online.wsj.com/articles/why-supreme-court-cases-are-marathons-1417394399

The Law Office of Kurt T. Koehler, 308 1/2 S. State Street Ann Arbor, Michigan (MI) 48198 (Washtenaw County); Copyright 2012 by Kurt Koehler