Civil Law

The Milan Local Division of the UPC clarifies the requirements to grant preservation of evidence measures

With two recent orders, the Milan Local Division of the Unified Patent Court (UPC), which has already been in the spotlight in Europe for its pragmatic approach to preliminary orders, has clarified some important aspects concerning the grant of provisional measures for collecting evidence provided for in the UPC system (equivalent to the Italian search orders or the saisie available in France and Belgium).  

Specifically, the Local Division upheld the orders for preservation of evidence previously issued in the … Read the rest

Supreme Court

Florida man subject to lifetime sex-offender registration requirements argues that he is “in custody” for purposes of federal post-conviction laws

Florida man subject to lifetime sex-offender registration requirements argues that he is “in custody” for purposes of federal post-conviction laws

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

A person held in state prison can challenge the constitutionality of their criminal conviction in federal court through a legal tool known as a writ of habeas corpus. Habeas relief is available to anyone “in custody,” which the Supreme Court has interpreted to mean not only physical confinement but also … Read the rest