SDNY COURTHOUSE, August 23 -- A patent lawsuit about a foam to treat acne vulgaris will be subject to a bench trial this Fall before Second Circuit Court of Appeals Judge Richard J. Sullivan. On August 23 the parties lawyers, with suitcases and large files, appeared before Judge Sullivan to prepare for the trial.
As a criminal defendant waited in shackles just outside the courtroom, lawyers from Alston & Bird and the "intellectual property litigation and counseling" firm of Carlson Casper debated how it will work, submitting affidavits or deposition instead of questioning witnesses on the stand. Judge Sullivan said, not for the first time, that he prefers it this way.
The date of the trial is up in the air, as Judge Sullivan has a criminal trial involving extradiction that takes precedence. (Inner City Press later on August 23 covered the first extradition to the US under its treat with Kosovo, here.) The most likely start dates appear to be November 4 or November 11. Inner City Press will continue to cover these cases. This one is Delcor Asset Corp v. Taro Pharmaceutical Industries, 17-cv-5405 (RJS).
In December 2018 Robert Wannamaker from inside the Ulster County Jail in Kingston, New York sent a handwritten letter to "Honarable Richard J. Sullivan," the judge who had previously sentenced him in the U.S. District Court for the Southern District of New York.
In the letter, Wannamaker asked now-Circuit Judge Sullivan to take note that "here [in] Ulster County these courts don't play fair and althought I am innocent I'm afraid to take my case to trial in fear of getting 15 years for something that wasn't mines. My lawyer doesn't do anything to maintain my innocents and it seems like the attorney that was assigned to me is working with the District Attorney."
In an order less than a week after Wannamaker's letter, Judge Sullivan said he would "defer consideration until Supervisee has been brought before this Court."
That happened on August 23, and Inner City Press was there. Judge Sullivan told Wannamaker, with the tone and manner of a doctor, "Last time I saw you was in April 2018. A lot has changed since then." Consideration was again deferred, this time until a September 6 letter from Wannamaker's lawyer. Inner City Press will continue to follow this case.
Back on August 20 a jury returned guilty verdicts on drugs and gun charges on August 20 against Ernest Murphy, one of 15 defendants in a Brooklyn-based narcotics conspiracy case brought by the U.S. Attorney for the Southern District of New York.
It came after some electronic and laboratory evidence was suppressed by Circuit Judge Richard J. Sullivan, who rather than re-assigning has kept many of his criminal cases in the SDNY.
Murphy's two Criminal Justice Act lawyers, Patrick Joyce and Robert Moore, complained to Judge Sullivan on the eve of trial that they had only then been given 16 gigabytes of audio and video recordings and lab tests on crack cocaine.
Rather than delay the trial, Judge Sullivan ordered much of it suppressed. During the five day trial the government still had a number of NYPD lab technicians testimony, and played wiretaps of cell phone calls and calls from Riker's Island, whose location in The Bronx was cited as a basis for venue in the SDNY.
In the intercepted calls, there was discussion of cooking, packaging and selling crack cocaine. Several times reference was made to bringing firearms to protect turf. A government slang expert witness said that "Shaquille" jersey meant .32 caliber pistol.
After the jury got the case, they asked to examine the drugs. Judge Sullivan declined to send the crack and ecstacy pills into the jury room. Instead the juror came out and passed them hand to hand, in evidence bags, in the jury box.
On the second day of deliberations the jury through the Court Security Officer passed a note that they wanted all audio recordings and transcripts. Judge Sullivan sent them in a thumb drive and three binders, as well as a menu to order lunch.
But barely an hour later, the jury returned with its guilty verdicts. Judge Sullivan polled them, sent December 6 as the sentencing date - Murphy faces a minimum of 15 years in prison and perhaps more - then joined the jurors for their lunch. The case is US v. Ernest Murphy,18-cr-373 (Sullivan).
The US Attorney's Office, which had sent senior AUSA Michael D. Maimin over to try to put out the fire occasioned by the late discovery, must have breathed a sigh of relief. Inner City Press will continue to cover this case - and, we hope, Judge Sullivan's sentencing in another case he kept, US v. Rodriguez (05-cr-221), which the government is asking, under seal, to have sealed. Watch this site.
