If you are unable to see this message, click here to view it in a web browser.

Justia Daily Opinion Summaries

US Court of Appeals for the Federal Circuit
February 11, 2021

Table of Contents

Sharifi v. United States

Constitutional Law, International Law, Military Law, Real Estate & Property Law

Infinity Computer Products, Inc. v. Oki Data Americas, Inc.

Intellectual Property, Patents

COVID-19 Updates: Law & Legal Resources Related to Coronavirus

Click here to remove Verdict from subsequent Justia newsletter(s).

New on Verdict

Legal Analysis and Commentary

Celebrities as Glamour Species in the #MeToo Ecosystem

LESLEY WEXLER

verdict post

Illinois law professor Lesley Wexler explores the extent to which the role of famous, white, cis, heterosexual women as some of the most visible faces in the #MeToo movement helps or hinders the campaign. Professor Wexler proposes that conservation biology can help us understand the role of these celebrity women and harness their contributions to the #MeToo movement and also provide better assistance to other individuals and communities facing their own #MeToo struggles.

Read More

US Court of Appeals for the Federal Circuit Opinions

Sharifi v. United States

Docket: 19-2382

Opinion Date: February 10, 2021

Judge: O'Malley

Areas of Law: Constitutional Law, International Law, Military Law, Real Estate & Property Law

Sharifi alleges the U.S. Army took his land when it built Combat Outpost Millet in Afghanistan in 2010. The government asserted that Sharifi’s Fifth Amendment complaint was “vague and ambiguous” because it did not specifically identify the property interest that the government allegedly took, that Sharifi had not provided a legal description of the land, a deed, or other documents that would allow the government to identify the location. The Claims Court instructed Sharifi to file an amended complaint. Sharifi alleged that government records, verified by the District Governor of Arghandab, showed that his grandfather owned the land on which the Army built COP Millet: Ownership of the land passed to Sharifi and his siblings, who subdivided the land by a 2004 inheritance agreement. The government submitted six declarations, including several witness declarations and an expert declaration on Afghan law. The Claims Court dismissed Sharifi’s amended complaint for failure to show a cognizable property interest. The Federal Circuit affirmed. The government records attached to Sharifi’s amended complaint and the 2004 inheritance agreement do not constitute proof of land ownership under the laws of Afghanistan. Even accepting as true all factual allegations in Sharifi’s amended complaint, the amended complaint does not contain sufficient facts to state a plausible takings claim.

Read Opinion

Are you a lawyer? Annotate this case.

Infinity Computer Products, Inc. v. Oki Data Americas, Inc.

Docket: 20-1189

Opinion Date: February 10, 2021

Judge: Sharon Prost

Areas of Law: Intellectual Property, Patents

The Infinity patents share a specification and involve using a fax machine as a printer or scanner for a personal computer. The indefiniteness issues revolve around the connection between the fax machine and the computer, termed a “passive link.” In a suit alleging that Oki infringed the patents, the district court found the patent claims indefinite. The Federal Circuit affirmed. Infinity has taken materially inconsistent positions regarding the extent of the claimed “passive link”— specifically, whether it ends at the I/O bus inside the computer or merely at the computer’s port; the endpoint of “passive link” is not reasonably certain and the term is indefinite. Because there is no reasonable certainty about where the “passive link” ends, there also cannot be reasonable certainty about where the “computer” begins.

Read Opinion

Are you a lawyer? Annotate this case.

About Justia Opinion Summaries

Justia Daily Opinion Summaries is a free service, with 68 different newsletters, covering every federal appellate court and the highest courts of all US states.

Justia also provides weekly practice area newsletters in 63 different practice areas.

All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com.

You may freely redistribute this email in whole.

About Justia

Justia is an online platform that provides the community with open access to the law, legal information, and lawyers.

Justia

Contact Us| Privacy Policy

Unsubscribe From This Newsletter

or
unsubscribe from all Justia newsletters immediately here.

Facebook Twitter LinkedIn Justia

Justia | 1380 Pear Ave #2B, Mountain View, CA 94043