Intellectual Property

  • offer-time-girl-300x249

    Biglaw, Intellectual Property, Technology

    The Offer: Where’s A Budding Patent Lawyer To Go?

    A future patent litigator weighs offers from firms on either side of the country. Let’s help make the decision.

    98 Comments / / Sep 25, 2015 at 3:02 PM
  • (Photo by Jennifer Graylock/Ford Motor Company)

    Cartoons / Comics, Copyright

    Ninth Circuit Gives Batmobile The Copyright It Deserves, The One It Needs Right Now

    A federal judge uses a cartoon character’s famous exclamatory catchphrase to announce the court’s unanimous ruling.

    11 Comments / / Sep 24, 2015 at 11:31 AM
  • Monkey Selfie

    Animal Law, Copyright, Quote of the Day

    Could The Ninth Circuit Fall For This Monkey Business?

    What to make of this legal theory — fascinating, or frivolous?

    11 Comments / / Sep 23, 2015 at 4:36 PM
  • 220px-Birthday_girl_in_hat

    Morning Docket

    Morning Docket: 09.23.15

    * In a story we’ve been following for years, a federal judge has put down the most notorious copyright troll in the world: “Happy Birthday To You” is now in the public domain. [LA Times]

    * Former SMU Dean John Attanasio, hit with a prostitution arrest back in February, is looking at a pre-trial diversion program if he’s willing to admit the charge. [CBS DFW]

    * Just weeks after his brother took over hosting duties on The Late Show, Edward Colbert has been named managing partner of Kenyon & Kenyon LLP. [Law360]

    * The Republic of Guinea may have to cough up a lot of guineas in unpaid legal fees to Dentons after Judge Royce Lamberth rejected its sovereign immunity request. [Legal Times]

    * Honestly, who doesn’t bring a couple dildos along when visiting a Rent-A-Center? [Courthouse News Service]

    * Dewey know what horrors await law firm managers if convicted? It’s more than a little troubling that a couple million people face this fate, but we only get glossy coverage of these conditions when some millionaire lawyers might end up there. [The Am Law Daily]

    * Gibson Dunn under fire for not keeping original notes of its Bridgegate interviews because defense lawyers don’t know how these new-fangled “computer” things work. [The Record]

    54 Comments / / Sep 23, 2015 at 8:57 AM
  • Teamwork always wins the day

    Litigators, Patents, Small Law Firms, Technology

    Beyond Biglaw: Defining A Litigation Victory

    The latest Federal Circuit ruling in the long running Apple v. Samsung patent saga presents an opportunity to discuss what it means to win in litigation.

    13 Comments / / Sep 22, 2015 at 11:31 AM
  • Gym, Tan, Uniform Bar Exam!

    Morning Docket

    Morning Docket: 09.15.15

    * “We’re going to the Jersey Shore, bitch!” This probably isn’t the kind of marketing that Jackson Lewis had in mind when the firm announced it was going to be opening an office north of Seaside Heights. Associates, you better get ready for some very serious GTB (gym, tan, billable hours). [Big Law Business / Bloomberg BNA]

    * Kim Davis may be back to work at the Rowan County Clerk’s Office in Kentucky, but that doesn’t mean she’s done with her fight to not do her job. She’ll be suing Gov. Steve Beshear for failing to provide her with a religious accommodation. [Talking Points Memo]

    * Some progress has been made in the infamous “dancing baby” case thanks to a recent Ninth Circuit decision. As it turns out, “copyright law does not authorize thoughtless censorship of lawful speech.” Prince would’ve wanted it this way. [WSJ Law Blog]

    * Public interest problems: When you work in Biglaw, performing a high number of pro bono hours may keep you from “doing the amount or quality of billable that it takes to advance in the firm, because there’s only 24 hours in the day.” [Crain’s Chicago Business]

    * Necrophilia is apparently still legal in several of our fine states, but a lawmaker in Massachusetts is trying to get a law on the books that would make sex with the dead illegal. It’s already illegal for Massholes to have sex with animals, so it’s only fair. [Metro]

    29 Comments / / Sep 15, 2015 at 9:06 AM
  • netflix-150x150-RF


    Netflix Keeps Losing Mainstream Movies, Informs Users They Should Be Ok With That Because Of Adam Sandler

    As broadcaster licensing squeezes Netflix ever tighter, you’ve probably noticed that the streaming company continues to lose higher-end, popular television and film content at an annoying rate. The latest such shift occurred when Netflix last week refused to extend its licensing agreement with Epix, resulting in Netflix customers losing access to mainstream films like…

    26 Comments / / Sep 11, 2015 at 10:09 AM
  • Super Mario Bros


    Non-Sequiturs: 09.10.15

    * The fascinating and brave story of Phyllis Frye, the nation’s first openly transgender judge — and in Texas no less! [New York Times]

    * Copyright law ruins something new: this time the YouTube channel of the creator of “hardest Super Mario World level ever.” [Kotaku]

    * Take a look at the correspondence Judge Berman received on Deflategate — all the completely sane and hinged rantings of Pats fans. [Deadspin]

    * A law firm that lets you have a life? Blasphemy! [The Atlantic]

    * Even if Larry Lessig becomes President of the United States, his presidency will still be a failure. [Lawyers, Guns & Money]

    * So… if a vampire makes a human their servant what liability does the human have for the vamp’s bloodsucking? [The Legal Geeks]

    * An ode to Valorem’s Patrick Lamb and his incisive look at the failure of Dewey & Lebouef. [What About Clients?]

    * The phenomenon of Quit Lit: when law professors take to the op-ed page to talk about their resignations. [TaxProf Blog]

    16 Comments / / Sep 10, 2015 at 5:13 PM
  • sonia sotomayor RF


    Non-Sequiturs: 09.08.15

    * Sonia Sotomayor talks about feeling like an outsider on the court… aaaaaaaand this is what white privilege means. [Slate]

    * Vehicles you can still get a DUI while driving: Barbie Jeep, Zamboni, wheelchair, inflatable raft, motorized beer cooler. [Lowering the Bar]

    * Step into the political slime and see how the halted campaign finance investigation into Scott Walker is being used to undermine regulations. [PR Watch]

    * Fascinating speculation on who should be Donald Trump’s running mate — assuming, arguendo, the end times are upon us and he wins the Republican nomination. [Law and More]

    * Debating Harvard Law professor Larry Lessig’s theories about the presidency. [Pacific Standard]

    * Bound by Law? Tales of the Public Domain, a cheeky comic book sponsored by Duke’s Center for the Study of the Public Domain is fun and useful for lawyers and nonlawyers alike. [Open Culture]

    * Yes, Ohio, a man’s family does include his wife. [Volokh Conspiracy]

    * Perverse incentives dominate Chinese victim compensation laws and drivers try to kill any pedestrians they may hit. [Slate]

    28 Comments / / Sep 8, 2015 at 5:02 PM
  • Non-Sequiturs

    Non-Sequiturs: 08.31.15

    * Ugh, you throw one stinkin’ party that infringes on the Pokemon copyright and the lawyers shut you down. Buzzkills. [Vice]

    * You know what Ryan Phillippe loves to do? Run around without his shirt on and talk about how his Stanford Law girlfriend is awesome. Dontcha love it when a piece of man meat has respect for the T-14? [Daily Mail]

    * Are you gambling in Vegas attending the ILTA conference today? Come Hear Legal Bytes play favorites of the legal industry like Old Technology Blues and Lawyers Love Lexis. [Business of Law Blog]

    * Just in time for OCI season — what should you do if your Biglaw dreams go pop? [Underdawg Law]

    * You’re not alone feeling the Biglaw burnout after a few years, but maybe technology can help? [Bloomberg BNA]

    * Greeeeeaaaat… Now employers can deny employees birth control for non-religious reasons. [Think Progress]

    * Opening lines to opinions can really set the tone. Take a look at this forceful start from an old Ninth Circuit decision. [Volokh Conspiracy]

    * Podcast with the curmudgeon of the legal profession, Mark Herrmann. [Hsu Untied]

    40 Comments / / Aug 31, 2015 at 5:14 PM
  • Duggars


    Non-Sequiturs: 08.27.15

    * Folks may argue over whether the Iran deal is a good idea, but one “citizen-lawyer” has taken to court to prove it is unconstitutional… but does that argument hold any weight? [Constitution Center]

    * An Arkansas law firm is offering to represent Anna Duggar — pro bono — should she ever decide to divorce her husband, Josh Duggar, after his very public cheating scandal. Which is good, since you know Jim Bob is never going to let Anna see any of that rapidly vanishing TV money. [THV11]

    * What are the 5 best Halloween costumes for law students/lawyers? The real key to nailing number 5 is the bangs. [Law and More]

    * At last, some cold hard evidence that the nation’s fever dream — the one where Donald Trump is the frontrunner for the Republican presidential nomination — might be ending. [New York Times]

    * How do you deal when you’re assigned to work with a real prick who always has to be right? [Attorney at Work]

    * You guys, the intellectual property regime in this country is definitely broken, but at least it isn’t so bad that a man can copyright a chicken sandwich. [Washington Post]

    * In unsurprising news, George Zimmerman had some pretty disgusting things to say about the deaths of Alison Parker and Adam Ward. [Salon]

    21 Comments / / Aug 27, 2015 at 4:53 PM
  • Katy Perry (Photo by Jason Merritt/Getty)

    Morning Docket

    Morning Docket: 08.07.15

    * Graffiti artist Rime alleges that Katy Perry wore a dress designed by Moschino that ripped off some of his copyrightable work. This dark horse has injected herself into a lot of IP issues this year. Your lawyer fans thank you. [WSJ Law Blog]

    * The Seventh Circuit is totally sorry about the case that it completely forgot about for the past five years. It seems that the court pleadings were “placed in the wrong stack” on remand from the Supreme Court in 2010. Congratulations, America: This is your justice system. Oopsie! [ABA Journal]

    * Pennsylvania Attorney General Kathleen Kane has been charged with perjury, conspiracy, obstructing justice, and several other crimes in connection with a grand jury leak. She’s the second state AG to be criminally charged this week. Nice job. [USA Today]

    * Arizona Summit Law filed a motion to dismiss former employee and alumnus Paula Lorona’s pro se retaliation and consumer fraud lawsuit with prejudice. The school claims the complaint is pleaded deficiently. Well… you educated her. [National Law Journal]

    * Rapper Busta Rhymes was charged with second degree assault this week after he allegedly threw a protein drink at a gym employee. His lawyer calls the charge “a bunch of bull.” Hmm, we apparently should’ve listened when he told us he was dangerous. [MTV]

    13 Comments / / Aug 7, 2015 at 9:01 AM
  • books

    Copyright, Music

    Law Librarians May Have Killed World’s Biggest Copyright Troll

    A copyright troll may be singing a different tune after this week.

    31 Comments / / Jul 30, 2015 at 12:42 PM
  • 795 Fifth Avenue 1

    Lawyerly Lairs, Real Estate

    Lawyerly Lairs: Patent Litigator Leaves The Pierre, Selling $23 Million Apartment

    Patent litigation isn’t as lucrative as it used to be, but those who were around for the glory days did very, very well for themselves.

    12 Comments / / Jul 28, 2015 at 5:36 PM
  • Conan_O'Brien_at_U.S._Embassy_Helsinki


    Non-Sequiturs: 07.27.15

    * Conan O’Brien faces a new lawsuit alleging that he stole jokes from a Twitter user’s feed. Meanwhile, Conan mulls suit against Tinder for ripping off Pimpbot 5000 character. [The Hollywood Reporter] * Snoop blames racial profiling for his arrest on suspicion of marijuana possession in Sweden. Others say it’s “celebrity profiling,” suggesting that racial […]

    13 Comments / / Jul 27, 2015 at 4:56 PM
  • scary judge

    Benchslaps, Litigators, Pornography

    Benchslap Of The Day: Your Client Is Winning Despite Your Best Efforts To The Contrary

    You can see the judge’s patience wearing thin as he is writing the words.

    18 Comments / / Jul 15, 2015 at 5:27 PM
  • Businessman Consulting Glowing Crystal Ball

    Boutique Law Firms, Intellectual Property, Partner Issues

    What’s Going On At Kenyon & Kenyon?

    It sounds like this prominent intellectual-property firm is in trouble.

    23 Comments / / Jul 10, 2015 at 10:31 AM
  • Hilary Bricken

    Marijuana, Patents

    The Possibility Of Marijuana Plant Patents

    Patents may soon be joining state-law trademarks, copyrights, and trade secrets, as an effective way to protect cannabis intellectual property.

    / Jul 6, 2015 at 4:20 PM
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