(United States Federal Circuit) - Affirmed the decision of the U.S. Patent and Trademark Office’s decision cancelling registration of plaintiff’s trademark for a green tea product due to the likelihood of confusion with defendant’s registered mark.

(United States First Circuit) - Held that the exercise of specific personal jurisdiction over a German company in a trademark infringement action did not violate due process. The German company, which operated an English-language website, argued that it lacked the requisite minimum contacts with the United States. Disagreeing, the First Circuit affirmed the district court's ruling that the exercise of personal jurisdiction was constitutional.

(United States Supreme Court) - In a securities law case, held that someone who is directed by a boss to make a misstatement may potentially be liable for it. A senior-level investment banker who allegedly made knowingly false statements in emails to prospective investors claimed that his boss had told him what to say, so he could not be held responsible. Disagreeing, the U.S. Supreme Court concluded that his conduct could fall within the scope of federal securities laws, upholding a ruling of the Securities and Exchange Commission. Justice Breyer delivered the opinion of a 6-2 Court (Justice Kavanaugh not participating).

(United States Supreme Court) - Clarified the circumstances in which a court may hold a creditor in civil contempt for attempting to collect a debt that a bankruptcy discharge order has immunized from collection. Held that there should be "no fair ground of doubt" that the order barred the creditor's conduct. Justice Breyer delivered the opinion for a unanimous Court.

(United States Supreme Court) - Held that the U.S. Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically -- and retroactively -- reduced Medicare payments to hospitals serving low-income patients. Concluded that the new policy must be vacated. Justice Gorsuch delivered the opinion of the 7-1 Court (Justice Kavanaugh did not participate).

(United States Seventh Circuit) - Granted a lawful permanent resident's petition for review of a Board of Immigration Appeals decision. Held that his Illinois conviction for unlawful possession of several Xanax pills without a prescription did not render him removable.

(United States Fifth Circuit) - Held that the statute of limitations expired on a woman's action seeking the issuance of a certificate of citizenship. The five-year clock began running in 2008 when her first request for citizenship was denied. She was born in Mexico to an American father and a Mexican mother.

(United States Ninth Circuit) - Granted an alien's petition for review of a removal decision. Held that Immigration and Customs Enforcement agents were not permitted to carry out preplanned mass detentions, interrogations and arrests at a factory without individualized reasonable suspicion. Remanded to the Board of Immigration Appeals with instructions to dismiss the Mexican citizen's removal proceeding without prejudice.

(United States DC Circuit) - In an immigration case, struck down as unconstitutional a federal policy that bars unaccompanied alien children in government custody who are pregnant from obtaining an abortion. Upheld a preliminary injunction in relevant part, in this class action.

(United States Fifth Circuit) - Vacated and complaint dismissed. Plaintiff sought declaratory judgment against Defendant, Homeland Security, claiming that DHS improperly denied application for legal permanent resident. Appellate court held that Plaintiff failed to state a legally cognizable claim.

(United States Fifth Circuit) - Affirmed. Defendant plead guilty to one count of transporting illegal aliens. He claimed district court erred by applying sentence enhancements. Appeals court found no error.

(United States Ninth Circuit) - Petition for review of Board of Immigration decision denied, where Defendant could not show legal or constitutional reasons to provide court the jurisdiction to review the BIA’s denial of sua sponte reopening.

(United States Ninth Circuit) - Petition denied. Plaintiff petitioned for review of Board of Immigration Appeals decision for removal based on a judgment for Contempt of Court for violating a restraining order.

(United States Ninth Circuit) - Reversed a misdemeanor conviction for eluding examination or inspection by immigration officers in violation of 18 USC section 1325. Held that an alien that crosses into this country at a non-designated place of entry is not guilty of eluding examination, because such conduct must occur at a designated examination place.

(United States Fifth Circuit) - Affirmed. A sentence imposed on a man for illegal reentry to the US was affirmed. An upward variance at sentencing that considered the facts of an unrelated case and his need for treatment for alcoholism was not in error.

(United States Fifth Circuit) - Reversed and remanded. The dismissal of an indictment for illegal entry following removal was reversed because while the appeal was pending the court issued an opinion in an analogous case foreclosing the defendant's arguments.

(California Court of Appeal) - Reversed order denying motion to vacate conviction. Defendant pled guilty to unlawful intercourse with a person under age 16 for which he received probation. He was then taken into custody by the Immigration and Naturalization Service and ordered removed. He admitted to violating his probation because he was in the custody of the INS and deported. He also married the victim and had two children by her. Defendant filed a petition to vacate his conviction under Penal Code 1473.7 which was denied by the trial court. The appeals court held that the trials court’s order must be reversed because the motion was denied based on untimeliness and without the presence of the defendant or his counsel.

(United States Ninth Circuit) - Remanded. Finding that non-citizens subject to expedited removal under 8 USC Section 1228 have a statutory right to counsel in reasonable fear proceedings, the immigration judge deprived Zuniga of his right to counsel by failing to obtain a knowing and voluntary waiver of that right.

(United States Ninth Circuit) - Remanded. The panel held that petitioner’s reliance on his lawyer’s erroneous advice that he was not required to update his fingerprints was reasonable and constituted “good cause” to grant a continuance, and remanded.

(United States Fifth Circuit) - Affirmed. A sentence following a guilty plea for illegal reentry was proper because assault-family violence qualifies as a crime of violence and is therefore an aggravated felony.

(United States Fifth Circuit) - Affirmed. Even if an attorney's failure to object to a question about his immigration status during a murder trial had been ineffectual assistance it was not prejudicial.

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Big news! Keybase acquired by @zoom_us . Our post about it:

Important new CitizenLab report: "We Chat, They Watch: How International Users Unwittingly Build up WeChat’s Chinese Censorship Apparatus"

Bye, Amazon

The 1977 Zork source code is on GitHub, courtesy the MIT Libraries Department of Distinctive Collections! It’s written in MDL for the PDP-10.

(United States Federal Circuit) - Affirmed a finding of patent claim invalidity involving certain claims related to a drug distribution system for tracking prescriptions of sensitive drugs, such as those with addictive properties. In affirming, the Federal Circuit held that the Patent Trial and Appeal Board did not err and that its determination, on inter partes review, that the patents were invalid was obvious.

(United States Federal Circuit) - Affirmed that a patent for a water recreational board was invalid as obvious. On appeal, the patent holder argued that its invention of a recreational board that would help athletically challenged people ride on the water was not obvious. In a 2-1 decision, the Federal Circuit disagreed and affirmed the district court decision granting summary judgment to the defendant in this patent infringement action.

(United States Federal Circuit) - Affirmed the decision of the U.S. Patent and Trademark Office’s decision cancelling registration of plaintiff’s trademark for a green tea product due to the likelihood of confusion with defendant’s registered mark.

(United States Federal Circuit) - Reversed a judgment that a patent for a pharmaceutical product was invalid on the ground of obviousness. The Federal Circuit concluded that obviousness was not proved by clear and convincing evidence.

(California Court of Appeal) - Reversed order denying motion to vacate conviction. Defendant pled guilty to unlawful intercourse with a person under age 16 for which he received probation. He was then taken into custody by the Immigration and Naturalization Service and ordered removed. He admitted to violating his probation because he was in the custody of the INS and deported. He also married the victim and had two children by her. Defendant filed a petition to vacate his conviction under Penal Code 1473.7 which was denied by the trial court. The appeals court held that the trials court’s order must be reversed because the motion was denied based on untimeliness and without the presence of the defendant or his counsel.

(United States Ninth Circuit) - Vacated and remanded. The defendant’s prior Nevada conviction for attempted battery with substantial bodily harm in violation of Nev. Rev. Stat. Section 200.481(2)(b) and 193.330 qualifies as a felony conviction for a crime of violence under U.S.S.G. Section 2K2.1.

(California Court of Appeal) - Affirmed. Appeals court concluded that Defendant was property sentenced to consecutive sentences and should be remanded solely for resentencing in light of Penal Code section 1385.

(United States Fifth Circuit) - Affirmed. A sentence following a guilty plea for illegal reentry was proper because assault-family violence qualifies as a crime of violence and is therefore an aggravated felony.

(United States Fifth Circuit) - Vacated and remanded. A two-level enhancement of the sentence in the case of a man convicted on marijuana charges was not supported by the evidence.

(United States Fifth Circuit) - Affirmed. Even if an attorney's failure to object to a question about his immigration status during a murder trial had been ineffectual assistance it was not prejudicial.

(United States Second Circuit) - In a suit brought by a consulting firm specializing in fighting government corruption against a Venezuelan energy company, alleging plaintiffs were victims of an effort to discredit them by persons connected to a Venezuelan energy company that was in litigation with one of plaintiff's clients, the district court's dismissal of plaintiff's RICO and state law claims against the principals of the Venezuelan energy company is affirmed where dismissal of the RICO claims under Rule 12(b)(6) was proper because plaintiff failed to allege that the defendants engaged in a 'pattern of racketeering activity.'

(United States Second Circuit) - In a Bivens action, brought against defendant FBI agents and federal prosecutors for alleged constitutional violations in searching plaintiff investment fund owner's Manhattan offices, the district court's denial of qualified immunity is reversed where a corrected search warrant affidavit would have supported probable cause, the corrected warrant would have issued, and plaintiff cannot plead defendants' actions caused him preventable constitutional harm.

(United States Second Circuit) - Affirmed an investment firm founder's sentence for tax evasion. After pleading guilty, the firm founder was sentenced to prison and also ordered to pay restitution and a $10 million fine. On appeal, he challenged the fine, which was far higher than the amount recommended in his plea agreement. However, the Second Circuit saw no reason to overturn his sentence in any respect.

(United States First Circuit) - Affirmed the conviction and sentence of a former Puerto Rico superior court judge for receiving bribes and participating in a conspiracy to bribe an agent of an organization receiving federal funds. On appeal, the former judge cited a number of alleged trial and sentencing errors, including the upholding of a witness's invocation of his Fifth Amendment privilege. However, the First Circuit found no reversible error and affirmed.

(United States Seventh Circuit) - Affirmed the prison sentence of a defendant who pleaded guilty to wire fraud for stealing from unwary investors who sought his help in securing millions of dollars in financing.

(United States Ninth Circuit) - Affirmed a restitution order imposed against an owner of a medical supply company who was convicted of Medicare fraud. Held that she could be ordered to pay restitution even for losses resulting in part from conduct occurring outside the statute of limitations.

(United States Federal Circuit) - Affirmed that a patent for a water recreational board was invalid as obvious. On appeal, the patent holder argued that its invention of a recreational board that would help athletically challenged people ride on the water was not obvious. In a 2-1 decision, the Federal Circuit disagreed and affirmed the district court decision granting summary judgment to the defendant in this patent infringement action.