Unfortunately, I have no link on this one, because someone sent me a copy of an article that is either not online or only behind a paywall somewhere, but at a recent AIPLA (American Intellectual Property Law Assocation) meeting, Judge Randall Rader, the chief judge of the Court of Appeals for the Federal Circuit (CAFC), which handles all patent appeals, apparently complained about “vague language” in the most recent update to patent law, the America Invents Act, to have the US Patent Office’s (USPTO) Patent and Trademark Appeal Board (PTAB) review more patents to dump bad ones. The recently proposed patent reform bill from Rep. Bob Goodlatte would expand this program. Now, anyone who recognizes the importance of getting rid of bad patents, knowing how bad patents can make the overall problem worse, should support this. But, not Judge Randall Rader. He compares it to genocide.
- 1st Circuit, Anthony Kennedy, Attorney Misconduct, Biglaw, Federal Circuit, Federal Judges, Gay, Harvard Law School, Law Schools, Legal Ethics, Michael Jackson, Morning Docket, Office of Legal Counsel, S.D.N.Y., SCOTUS, Sex, Small Law Firms, Supreme Court, Trials, U.S. Attorneys Offices, University of Pennsylvania Law School
* U. Penn. Law doesn’t need to toot its own horn about kicking off its visiting jurist program with a Supreme Court justice — we’ll do it on the school’s behalf: toot f-ing toot for Justice Kennedy. [National Law Journal]
* President Obama nominated former OLC attorney and current HLS professor David Barron for a First Circuit vacancy, and a Western New England alum for a district court judgeship. Congrats! [Boston Globe]
* The Senate confirmed Todd Hughes for a seat on the Federal Circuit without any opposition. This is what progress looks like: Hughes will be the first openly gay federal appellate judge in U.S. history. [BuzzFeed]
* Preet Bharara, U.S. Attorney for the Southern District of New York, is pretty pissed that federal budget issues are allowing his office to get outgunned by wealthy financial firms. [DealBook / New York Times]
* “It seems a very coordinated effort of smugness.” As we reported previously, lawyers from the small firm representing Michael Jackson’s family think O’Melveny & Myers is full of d-bags. [Los Angeles Times]
* Sorry, but you can’t bang your clients. Well, that’s not completely true. You can bang your clients, but you have to bang them before there’s a legal relationship to keep banging them ethically. [Daily Report]
- Baseball, Constitutional Law, Federal Circuit, Google / Search Engines, Movies, Non-Sequiturs, Patents, Richard Posner, Securities and Exchange Commission, Technology, Television, Women's Issues
* The hits keep on coming for Curt Schilling. Now the SEC has woken up and decided to probe the $75 million he secured from the state of Rhode Island (already the subject of another suit). Maybe he can fake another bloody sock to generate some sympathy. [Bloomberg]
* Apple sold a “Season Pass” to Breaking Bad Season 5 and then refused to honor the second half of the season to its subscribers, prompting an Ohio doctor to file suit for $20, with hopes of building a class action. Look, Apple needed that money; Tim Cook is desperate these days. [Deadline: Hollywood]
* Speaking of Apple, the Federal Circuit looks like it’s going to give Apple another crack at its claim that Google ripped off the iPhone patents, citing “significant” errors on the part of the last judge to rule on the dispute: Richard Posner. You come at the king, you best not miss. [Wall Street Journal]
* And last, but definitely not least, Apple’s new fingerprint ID will be the death of the Fifth Amendment. Discuss. [Wired]
* A film chock-full of unsanctioned footage and insulting knocks on Disney has been picked up for distribution. This is your official warning that it’s time to prepare the beauty pageant pitch for the Disney execs. [Grantland]
* Elie smash, Charlotte Law School. [NPR Charlotte]
* The International Association of Young Lawyers conference will feature a speed dating session (on page 6). Really hard-hitting program there. [International Association of Young Lawyers]
- Biglaw, Federal Circuit, Intellectual Property, Layoffs, Litigators, Partner Issues, Partner Profits, Patents, Secretaries / Administrative Assistants, Staff Layoffs
The latest layoffs involve both lawyers and staff, based out of two large legal markets, New York and Washington, D.C….
Sequestration has government lawyers going on mandatory furloughs and facing ethical dilemmas. But the federal bench has cause to bust out the bubbly.
On Monday, the Supreme Court took a pass on an appeal from the Federal Circuit that ordered the government to pay cost-of-living adjustments to six federal judges that the feds routinely stiffed over the last 20 years or so.
Sure, right now this only applies to the six judges who sued, but it’s only a matter of time before a huge swath of the federal judiciary takes the government to court.
How big of a pay day are we looking at?
Given the Government’s conduct in this case, the court orders the Government to show cause why it should not be sanctioned under this court’s inherent authority. It seems that sanctions may be needed to motivate VA in the future to treat its commitments and representations to this court and opposing counsel with the seriousness to which they are entitled.
– Judge S. Jay Plager, reprimanding counsel for the Department of Veterans Affairs in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs (Fed. Cir. Mar 21, 2013), a case concerning the due process rights of veterans seeking benefits.
- 2nd Circuit, Abortion, Constitutional Law, Federal Circuit, Federal Government, Federal Judges, Insider Trading, Law Schools, Money, Morning Docket, Northwestern University School of Law, Rankings, U.S. News
* If you hate the government and you hate lawyers more, then you’ll love this. In the past five years, the feds have awarded $3.3 billion to more than 4,700 vendors for legal work. [National Law Journal]
* A year and a half after he was nominated for a Federal Circuit judgeship, and more than a year after his hearing, the Senate finally decided to confirm Richard Taranto. How kind. [Blog of Legal Times]
* Pretty pretty please? Zvi Goffer and Michael Kimmelman would really really like it if the Second Circuit could overturn their insider trading convictions due to unfairness. [Thomson Reuters News & Insight]
* The U.S. News law school rankings are often criticized, and here’s why: if survey respondents “were asked about Princeton Law School, it would appear in the top 20. But it doesn’t exist.” [Chronicle of Higher Education]
* Nevermind the fact that law school applications are down, but Northwestern Law is doing the “responsible thing” and reducing the size of its incoming class — and raising tuition by 3% to boot. [Wall Street Journal]
* Jason Rapert, the Arkansas senator who passed a fetal-heartbeat abortion ban in his state, says he “has no time” for anyone who says it’s unconstitutional. To paraphrase, ain’t nobody got time for that. [New York Times]
When Rick told Ilsa that the problems of three little people don’t amount to a hill of beans in this crazy world, he was right, because a hill of beans is worth a whole hell of a lot thanks to Monsanto.
Today, the Supreme Court will hear argument in Bowman v. Monsanto Co., an appeal from the Federal Circuit regarding the extent of Monsanto’s rights in patented, genetically modified soybean seeds. In addition to the obvious stakes for the agricultural sector, the decision could impact the entire biotechnology industry, as well as computer software and nanotechnology. I mean, I want to know who holds the patent when the grey goo overruns the planet!
So, who are the players and why do they care?
- Abortion, Federal Circuit, Intellectual Property, Law Professors, Law Schools, Non-Sequiturs, Politics
* Sadly, Ronald Dworkin has died at 81. [The Faculty Lounge]
* Oracle really really hopes the Federal Circuit has read Harry Potter. But of course they have, because… nerds. [Groklaw]
* An interesting look at the false dichotomy between teaching and practice. It’s probably unfair, but all I kept thinking was, “those that can, do; those that can’t…” [PrawfsBlawg]
* Overlawyered cites, presumably with disdain, a school district banning the use of a piece of playground equipment. I’m sympathetic to the school for two reasons: (1) when I was a kid, I broke my arm on a piece of playground equipment; and (2) take a look at the death trap of a machine they’re banning. [Overlawyered]
- Art, Asians, Bar Exams, Biglaw, California, Dewey & LeBoeuf, Federal Circuit, Federal Judges, Football, Gay, Howrey LLP, Law Schools, Money, Morning Docket
* President Barack Obama recently nominated two attorneys for the Federal Circuit who are being referred to as “noteworthy” because of their ethnicity (Asian American) and sexual orientation (openly gay). Let’s hear three cheers for diversity! [Blog of Legal Times]
* Dewey & LeBoeuf and Howrey have something in common aside from going down in a gigantic ball of flames that rocked Biglaw as we know it. Both firms’ fine art collections will soon be auctioned off by Adam A. Weschler & Son Inc. [WSJ Law Blog (sub. req.)]
* There’s nothing like acting like the product you’re selling: MGA, the maker of Bratz dolls, would like to have Orrick’s $23 million arbitration award vacated because paying your legal bills is so passé. [The Recorder]
* We briefly noted California’s new bar passage mandate for state-accredited schools here, but now a law school is suing over it, claiming the bar examiners are “waging a vendetta” against it. [National Law Journal]
* The NCAA wants to get Pennsylvania Governor Tom Corbett’s suit over PSU’s Sandusky-related penalties tossed, with a harsh reminder that hurt feelings have absolutely nothing to do with antitrust law. [Bloomberg]