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Khatallah Back In Court For Additional Charges

Looking very much like an Old-Testament prophet, Ahmed Salim Faraj Abu Khatallah was arraigned Monday on 17 additional charges related to the attack on the U.S. Embassy in Benghazi.

Khatallah said nothing as he stood in a green jumpsuit with “Alexandria Inmate” stenciled on the back while his lawyer, federal public defender Michelle Peterson, entered for him a plea of not guilty.

No trial date has yet been set as the prosecutors say they need more time to gather and redact the “thousands and thousands of pages” and hundreds of hours of video before turning them over to the defense.

The Latest White House Fence Jumper

He scaled the fence but unlike the previous intruder three weeks ago Dominic Adesanya never made it all the way across the lawn and into the White House. He was stopped by Hurricane and Jordan, two Secret Service dogs with whom he fought until officers took him down.

Clearly deranged, his arm and fingers bandaged, Adesanya repeatedly tried to speak during his appearance before a federal magistrate. He resisted as he was led out of the courtroom.

MS Drug Patent Argument

Usually trial courts are the exclusive finders of facts and appellate courts are limited to questions of law, but apparently that’s not necessarily the case when it comes to patent law. In a dispute between Teva Pharmaceuticals, which holds the patent on the very profitable multiple sclerosis drug Copaxone, and companies that want to begin marketing a generic version the trial court sided with Teva. The U.S. Court of Appeals for the Federal Circuit, which reviews patent cases, however, looks at all elements of a patent claim as legal issues, including the factual conclusions of the trial court and reversed.

Even though Teva’s patent expires in September of next year the amount of money at stake is huge – in the billions. Also at stake is a shift of power from the Federal Circuit.

The case is Teva Pharmaceuticals v. Sandoz

Here are my sketches and a link to Lyle’s SCOTUSblog analysis of the argument.

I Am Not An Anti-Dentite . . .

. . . nor do I have anything against teeth whitening. I suppose it is an important case, North Carolina Board of Dental Examiners v. FTC,¬†about whether state licensing boards made up of private professionals may violate anti-trust laws, and the argument was lively, but I’ll just post my two sketches and a link to Adam Liptak’s article and call it a night.

Liptak’s NYT story here.

Black Aggie and the Doomsday Binder

I didn’t expect to have much fun covering two days of a trial relating to the government’s 2008 bailout of AIG, but I was mistaken.

It was fascinating to hear former Fed. chairman Bernanke describe the near financial collapse as more severe than the great depression of the 1930’s, and that there exists a “doomsday book”, a collection of emergency documents and memoranda outlining the central bank’s powers, that Timothy Geithner carried around in a 2-inch binder.

Even better was coming across the statue of Black Aggie in the courtyard of the building housing the Federal Circuit and Court of Federal Claims. Black Aggie used to reside at Druid Ridge cemetery in the Baltimore suburb of Pikesville. She sat over the tomb of Union Army general and publisher of the Baltimore American newspaper Felix Agnus until the mid 1960’s when the family gave the statue to the Smithsonian. For years Black Aggie was the subject of ghostly lore and attracted midnight visitors who trampled the gravesite to sit in her lap.

 

As forty-three year resident of Baltimore who loves his adopted city I can’t help feeling a little resentful at DC’s acquisition.

Back to the AIG trial, on the face of it this effort by Maurice “Hank” Greenberg to sue the government for saving AIG’s ass seems pretty preposterous. He doesn’t seem to acknowledge that the point of the bailout wasn’t to benefit AIG shareholders but to avoid the freezing of global insurance markets and financial meltdown. Greenberg’s legal team is led by super-lawyer David Boies, but I hope this is one time Boies loses.

Here are the rest of my sketches from my two days at the Court of Federal Claims. Note in the unfinished sketch the shelves full of binders on each side of the courtroom.