Saturday, February 04, 2017

Judge James Robart, the TRO, and intellectual property

The order of Judge James Robart in Washington v. Trump, C17-0141 uses the words "parens patrie" to describe how the harms to residents extend to harms to the states.
Judge Robart cites to Texas v. United States, 809 F.3d 134 (CA5 2015) to justify extending the TRO from Washington/Minnesota to all states.

CNBC wrote

The challenge in Seattle was brought by the state of Washington and later joined by the state of Minnesota. The judge ruled that the states have legal standing to sue, which could help Democratic attorneys general take on Trump in court on issues beyond immigration.

Washington's case was based on claims that the state had suffered harm from the travel ban, for example students and faculty at state-funded universities being stranded overseas. and Expedia, both based in Washington state, had supported the lawsuit, asserting that the travel restrictions harmed their businesses.

Tech companies, which rely on talent from around the world, have been increasingly outspoken in their opposition to the Trump administration's anti-immigrant policies.

Judge Robart probed a Justice Department lawyer on what he called the "litany of harms" suffered by Washington state's universities, and also questioned the administration's use of the Sept. 11, 2001, attacks on the United States as a justification for the ban.


At least one company, the ride-hailing giant Uber, was moving quickly Friday (3 Feb 2017) night to take advantage of the ruling.

CEO Travis Kalanick, who quit Trump's business advisory council this week in the face of a fierce backlash from Uber customers and the company's many immigrant drivers, said on Twitter: "We have a team of in-house attorneys who've been working night & day to get U.S. resident drivers & stranded families back into country.

Those in the intellectual property community may remember Judge Robart's role in RAND/FRAND in the case between Microsoft and Motorola.

**Also note, as to visas for foreign workers:

Schumer to put his imprint on patent reform, immigration matters?

IAM on IBM's Kappos, not touching the political or patent pulse?

AND remember the story of Rick Clark

**UPDATE on 7 Feb. 2017

On Friday, Judge Robart denigrated Donald Trump before the President said a word about him


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