On March 2, 2021, in a rare en banc decision, United States v. Scott, the Second Circuit held in a divided 9-5 opinion that New York first-degree manslaughter is categorically a.
On March 1, 2021 the Second Circuit (
Carney, Koetl) issued a decision in
Collier v. United States, affirming the district court’s denial of Keith Collier’s habeas petition to vacate his conviction and sentence for an attempted robbery of a federal bank in the late 1990s and for using a firearm during the commission of a crime of violence,
i.e., during the attempted robbery. The core issue presented was whether attempted federal bank robbery was categorically a “crime of violence” as that phrase is used in the relevant federal statute and Sentencing Guidelines. The application of the categorical approach in sorting out whether a myriad of state and federal crimes fall within the statutory definition of a “crime of violence” has been a major focus of federal criminal litigation over the past decade and a familiar focus of this blog.
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On February 26, 2021, United States Magistrate Judge Sanket J. Bulsara (E.D.N.Y.) issued a claim construction ruling in
Sunscreen Mist Holdings, LLC
v. SnappyScreen, Inc. (“Sunscreen Mist” and “SnappyScreen” respectively) that Sunscreen Mist alleges infringement of U.S. Patent No. 6,918,897 (“the ’897 patent”), which relates to a vending machine that dispenses and sprays sunscreen lotion on customers. The parties presented the Court with only one disputed claim term: “means to store sunscreen lotion.” The only question before the Court was whether the patent identified sufficient structure for storing sunscreen lotion.
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On February 9, 2021, United States Magistrate Judge Ramon E. Reyes, Jr. (E.D.N.Y.) recommended that Sell Below Cost USA LLC’s (“Sell Below”) DJ complaint against Blue Island Holding Group (US) Inc. (“Blue Island”) that United States design patent No. D854,106 S (the “’106 patent”) is invalid and not infringed be dismissed because Blue Island never actually owned the ’106 patent even though it was the assignee named on the patent’s face.
Sell Below sells consumer products on Amazon.com. On July 20, 2019, it “received notice that Amazon had delisted” its “Multi-Color Saucer Tree Swing” because of a complaint from Minglan Chen (“Chen”) that the swing infringed the ’106 patent. The ’106 patent is directed to a “swing” and issued on July 16, 2019 from an application filed by Chen on January 15, 2018. It identifies Blue Island as its assignee, despite the fact that Blue Island was