Archive for February, 2021

2020 at the Supreme Court – Lexology

At the beginning of 2020 the Supreme Court appeared poised to take on multiple patent cases, but a series ofcertdenials resulted in only one decision from the High Court in 2020. The Supreme Court avoided entering the Section 101 debate by denyingcertiorarifor a number relevant patent cases includingAthena Diagnostics Inc. v. Mayo Collaborative Services, LLC,No. 19-430 (2020) (IP Update, Vol. 22, No. 2) andChamberlain Group, Inc. v. One World Techs., Inc., No. 19-1299 (2019) (IP Update, Jan. 2020). The Court also deniedcertin various cases relating to whether the America Invents Act (AIA) violates the Takings Clause of the Fifth Amendment, includingCollabo Innovations v. Sony Corp.No. 19-601 (2019) (IP Law Year in Review 2019).

The only patent decision to come from the Supreme Court in 2020 wasThryv, Inc. v. Click-to-Call Techs., LP, 590 US ___ (2020), in which the Court held that 35 USC 314(d) precludes judicial review of the Patent Trial and Appeals Boards (PTAB)application of 315(b)s one-year time bar. The Court largely reiterated its reasoning inCuozzo Speed Techs., LLC v. Lee, 579 US ___ (2016) (IP Update,Vol. 19, No. 7) stating that because the 315(b) time bar is closely tied to the application and interpretation of statutes related to the institution determination, a party may not appeal the PTABs application of the one-year time bar of 315(b). In a lengthy dissent, Justice Neil Gorsuch argued that 314(d)s prohibition on appeal applied only to the subsections under this section of 314, as explicitly stated in the text of the statute, especially given the strong presumption

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2020 at the Supreme Court - Lexology

Former Rutland cop denied new rape trial after ex-wife, citing perjury concern, declines to provide alibi – Worcester Telegram

Brad Petrishen|Telegram & Gazette

WORCESTER A former Rutland police officer serving 28 years in jail on two rape convictions has been denied a bid for a retrial he requested in November.

Jason D. Briddon, who was 40 when sentenced on the second of two rape convictions in 2012, would not have prevailed had his wife been asked to testify as an alibi, a judge ruled, because she would not have testified on account of perjury concerns.

It took two trials for a jury to convict Briddon in his second rape case, which centered on allegations Briddon raped a woman he met at a bar in 2007.

Briddons wife had testified as his alibi in the first trial thatended in mistrial but by the second trial, the two were in a contentious divorce, and Briddons lawyer, David R. Yannetti, elected not to call her.

Briddon argued Yannettis decision was a mistake, noting that he didnt bother to reach out to the wife to see whether she would, again, testify as an alibi at the second trial.

The state appeals court agreed, and ordered Worcester Superior Court Judge Daniel M. Wrenn to determine whether the wifes testimony might have proved helpful.

In a Jan. 26 ruling he wrote after hearing from the wife in a closed-door hearing, Wrenn said the woman would not have testified at a second trial because of perjury concerns.

Had (she) been subpoenaed to testify at the (second) trial as an alibi witness she would have invoked her fifth amendment privilege based on her concern of facing potential perjury charges with regard to her testimony at the first trial, Wrenn wrote.

The woman had testified at the first trial that Briddon had come home around 3 a.m. the night in question, which conflicted with the time frame the rape victim had detailed.

Wrenn also noted that because the wife had testified untruthfully at the first trial, his lawyer would have been precluded from introducing that testimony at the second trial in 2012 if he was aware it was untruthful.

Briddons 2012 conviction led to an 18-to-20-year sentence from Judge John S. McCann, who remarked at the time that Briddon took an oath "to protect society and not to rape one of its citizens.

That sentence is to run after a separate, 10-to-12-year sentence Briddon received in 2010 after being found guilty of beating and raping a prostitute in 2008.

Briddon worked as a part-time police officer in Rutland for about three years, and was employed there at the time of the 2008 rape, records show.

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Former Rutland cop denied new rape trial after ex-wife, citing perjury concern, declines to provide alibi - Worcester Telegram

Former VP Pence opens transition office in Virginia – Chron

DARLENE SUPERVILLE,Associated Press

Feb. 3, 2021Updated: Feb. 3, 2021 1:35p.m.

WASHINGTON (AP) Former Vice President Mike Pence has opened a transition office in northern Virginia.

Pence announced Wednesday that the Office of the Former Vice President will handle correspondence, scheduling requests, public statements and official activities for him and his wife, Karen. The office is located in Arlington, across the Potomac River from Washington.

The Pences are also living in northern Virginia. A spokesperson said they have summer plans to move back to Indiana, where Mike Pence was governor and represented the state in the U.S. House. In 2016, GOP presidential candidate Donald Trump chose Pence to be his vice presidential running mate, and the ticket was elected in 2016.

Trump and Pence lost their bid for reelection to Democrats Joe Biden and Kamala Harris.

The vice president and Mrs. Pence look forward to continuing to elevate causes that are near and dear to their hearts and serving the American people when called upon, said their spokesperson, Kara Brooks.

Under federal law, the outgoing president and vice president are provided a transition office and other services for six months for the purpose of wrapping up their official business.

Trump moved into his Mar-a-Lago estate in his new home state of Florida on Jan. 20, when his term ended. He recently opened his transition office.

Written By

DARLENE SUPERVILLE

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Former VP Pence opens transition office in Virginia - Chron

Mike Pence and the ‘Snape Option’ – The Dispatch

Any person of integrity who works in or around politics and government, becomes immediately aware of an inherent tension. This tension is between what they think is right, and what their job requires of them. This tension will inevitably occur repeatedly throughout a life in politics, and a prudent practitioner knows their battles must be picked carefully, as a failure to pick the right battles will earn you a quick exit from any position of influence. This is true from high-level Cabinet officials down to the lowest congressional staffer.

Nobody is more aware of this fact than former Vice President Mike Pence.

As the Trump era ends, I think it important to discuss the position Pence was in, and the wider issue that many Trump appointees faced.

I believe Pences letter of January 6 in which he declared that he did not have the authority to unilaterally reject the electoral votes of any state (and, according to the Donald Trumps bizarre and unsupportable theory, handing him the election in spite of a clear loss), will eventually earn him a place in history as a dignified statesman and a patriot. Trumps self-serving interpretation of the Constitution was a threat to the very foundation of our republic and had Pence went along with this charade, the damage to America would have been incalculable. But he didnt.

In this way, he performed what I consider the ultimate realization of something Ive been calling, if you can indulge me in a Harry Potter analogy, the Snape Option.

Severus Snape, for those unfamiliar with the series, was a mercurial figure who spent years in service of the storys main villain, the evil wizard Voldemort. Ultimately, it was revealed that, while he started out sympathizing with Voldemort, he quickly became disillusioned. Yet, he stayed on as one of Voldemorts followers for years. He did this to gain influence and minimize the damage that Voldemort could do to the storys main hero, Harry Potter, and to Potters compatriots. He was ultimately successful in protecting Potter and most of his friends, but it cost him his life.

I am a lifelong Republican who believed Trump to be a danger, both to my party and my country, and quite vocally refused to support him, twice. But nonetheless, for years, Ive been encouraging friends to execute the Snape Option, i.e., if you feel so called, accept a job in the Trump administration in order to make the best of a difficult situation.

But back to Pence for now. With the exception of a handful of Trump dead-enders, who still gauge things only in relation to whether it comports with the former presidents wishes, Pences rejection of Trumps unconstitutional demand has received wide bipartisan support. However, as Ive shared the opinion that Pences actions deserve not just backing, but significant praise, Ive been rebuffed by many on the left and the anti-Trump right, who claim his actions are too little too late, often listing myriad real and imagined grievances.

They view his good actions as piddling, insincere, or, at minimum, insufficient to make up for past sins, up to and including accepting the vice presidential nomination in the first place.

On some level, I am sympathetic. I believe the insurrection of January 6, which threatened Pences life, completely vindicated my Trump-skepticism. Some erstwhile Trump supporters agree with me. Further still, there were many instances in the last four years where Pence took actions I considered insincere and repelling.

Yet, I cannot help but ask the question, And then what? Pence could have told the truth as his critics might say it, many times during the administration. But to what end?Hed have become an irrelevant in the administration, and been unable to meaningfully influence much of anything.

As such, I cannot help but think that Pences harsher critics demonstrate a lack of appreciation of what it really means to act with integrity when it comes to accepting virtually any supporting role in politics. The Trump administration, more than most, has forced its subordinates to confront this issue.

When making the decision to accept any such position, nobodys motives are pure. Anyone who is in a position to be offered a job in politics will have self-interested reasons, (career, ego, etc.) to accept. Most probably have legitimate grievances with the other side, as well. Yet at the same time, particularly with a situation Republicans faced with Trump, the motivation to get the best possible outcome in a bad situation cannot be ignored. There was openly this kind of talk when Trump got the Republican nomination in 2016, and most discussing these kinds of things saw Pence as an adult in the room that could be trusted to fight against Trumps worst impulses.

Indeed, this larger dilemma was publicly shared by men like John Bolton, who saw his record as Trumps national security adviser: (M)ore a record of damage control, than of accomplishment. Boltons view was shared privately by hundreds of other political appointees whose names would mean nothing to the public, but who make up a lot of the people you might meet at church on Sunday in Washington.

There is no way to deny that taking any such role requires compromises. Some of which the individual may not wish to make.

Yet at the same time, Boltons statement points at another question: Who else would have filled these roles? Making what I would consider a safe assumption, that they would have been filled with individuals of less thoughtfulness and integrity, it is worth asking: How much worse would the last four years have been for the country if people like Pence or Bolton hadnt served?

There are no easy answers to these questions, and I would suggest, ultimately, one persons answer to these is not decisive in evaluating their actions. What is decisive is how they act when it matters most.

Much like Snape, many of Pences actions seemed repugnant. Famed columnist George Will said that Pence had a talent for toadyism and mocked him as the worst person in government. I think its hard to deny that Pence undoubtedly was required to say things he did not believe, and act in ways he would rather have not, in service of the Trump administration.

Yet we must ask: What would have been gained by substituting a lesser man for Pence? One thing is certain: Pence faced enormous political, personal, and ultimately even physical pressure to violate his oath to the Constitution and reject the electoral votes of states Biden won. Complaining that these efforts would have ultimately proven futile is irrelevant. The public damage to the Constitution and our entire system would have been done.

Pence revealed his true colors on January 6. After four years of suffering indignity after indignity, making compromise after compromise, he chose the moment when it mattered most to make a stand for the Constitution and his country, what he has always maintained where his highest values, apart from God. He did this to his own political detriment, undoubtedly mortally wounding himself with Trumps hardcore fans.

Moreover, as we turn the page on the Trump administration, and you come across someone who served in the Trump administration, criticize their decision to take a job if you must, or the compromises they made if you feel so qualified, but keep in mind the tensions they operated under. There are many who served and executed the Snape option in ways big and small.

In my view, they are unsung heroes.

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Mike Pence and the 'Snape Option' - The Dispatch

Former VP Pence opens transition office in northern Virginia – Oklahoman.com

WASHINGTON (AP) Former Vice President Mike Pence has opened a transition office in northern Virginia.

Pence announced Wednesday that the Office of the Former Vice President will handle correspondence, scheduling requests, public statements and official activities for him and his wife, Karen. The office is located in Arlington, across the Potomac River from Washington.

The Pences are also living in northern Virginia. A spokesperson said they have summer plans to move back to Indiana, where Mike Pence was governor and represented the state in the U.S. House. In 2016, GOP presidential candidate Donald Trump chose Pence to be his vice presidential running mate, and the ticket was elected in 2016.

Trump and Pence lost their bid for reelection to Democrats Joe Biden and Kamala Harris.

The vice president and Mrs. Pence look forward to continuing to elevate causes that are near and dear to their hearts and serving the American people when called upon, said their spokesperson, Kara Brooks.

Under federal law, the outgoing president and vice president are provided a transition office and other services for six months for the purpose of wrapping up their official business.

Trump moved into his Mar-a-Lago estate in his new home state of Florida on Jan. 20, when his term ended. He recently opened his transition office.

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Former VP Pence opens transition office in northern Virginia - Oklahoman.com