The US Supreme Court's decision in #Halkbank, on the rules of foreign sovereign immunity in criminal proceedings, is out.

By my read, they pretty much get it right:
- The district court has jurisdiction over the case under the general federal criminal jurisdiction statute (18 USC § 3231).
- The Foreign Sovereign Immunities Act doesn't cover criminal proceedings.
- Instead, foreign sovereign immunity in criminal cases is governed by common law.

#Immunity #CivProMatters

https://www.supremecourt.gov/opinions/22pdf/21-1450_5468.pdf

@design_law on the e #CivProMatters front, there’s quite a bit of ink in the decision on how incorrectly the parties litigated this. Doesn’t appear to affect the outcome making it even more remarkable to me that so much space is spent cataloging it. Both sides seem to have really left a bad impression.

Some of you might remember that the parties previously litigated this issue in Colorado.

The district court, like the TTAB, concluded that the color pink was functional. https://www.scribd.com/document/335930110/C5-Med-Werks-v-Ceramtec-Order

The 10th Circuit didn't reach the trademark issue because it concluded that the District Court didn't have personal jurisdiction over CeramTec: https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110226021.pdf

#CeramTec #PinkHipImplants #Functionality #TradeDress #CivProMatters

And here is the (really extraordinary) response: https://www.scribd.com/document/615796455/Blue-Sphere-v-Schedule-A-Plaintiff-statement-re-dismissals

#CivPro #CivProMatters #ProcedureMatters #ScheduleA