Intellectual Property

Chief Judge Paul Michel To Retire Next Year

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Paul Michel Chief Judge Paul R Michel Federal Circuit.jpgWe received this info last night, from several readers in attendance. One of them wrote:

For the patent nerds out there, including me, Chief Judge Paul R. Michel of the Federal Circuit is retiring effective May 31, 2010. Just personally announced it at the FCBA annual dinner. Sent his resignation letter to Obama this morning.

Why is Chief Judge Michel stepping down? Is it due to inadequate judicial pay?
Apparently not, according to our source:

[H]e said he’s motivated to retire instead of moving to senior judge status because he hates the muzzle that comes with being an Article III judge. He wants to lobby. He feels pretty strongly that certain parts of the pending patent reform act are outrageous.

Read more at Patently-O and the BLT (links below).
Federal Circuit Chief Judge Paul Michel Announces that he is Leaving the Bench [Patently-O]
Federal Circuit Chief Judge Paul Michel Announces Retirement [The BLT: Blog of the Legal Times]

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Brooklyn Law Won’t Proactively Rat Out Its Students

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Brooklyn law school logo.JPGYesterday we reported on this announcement by Brooklyn Law School:

This semester we have received several warnings from our Internet service provider that copyrighted movies and TV shows are being downloaded illegally via our wireless network. The Information Technology office is now ascertaining who is doing this. Once we have names of the individuals involved, we intend to give them to the copyright holders for enforcement purposes.

This stance proved unpopular with BLS students, as well as ATL readers. In a poll, about 75 percent of readers answered “yes” when asked, “Should Brooklyn Law School do more to protect its students from being sued for illegal downloading?”
It seems that Brooklyn Law School has had a change of heart. Check out the email that went out this afternoon, plus selected reader comments, after the jump.

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Is Brooklyn Law School Informing On Its Own Students?

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Apparently so. From a student at Brooklyn Law School:

Brooklyn law school logo.JPGToday we received this e-mail from the administration, which is causing quite an uproar among the student body.

The gist of it seems to be that, contrary to the practice of other schools, BLS will begin actively investigating [illegal] downloading and proactively providing names of people to media [companies] so [the individuals in question] can be sued.

I believe the typical practice at other schools (graduate and undergraduate) and institutions is to wait for a subpoena and either cooperate or fight the subpoena, not to go out of their way to inform on their students.

The total cost of attendance at Brooklyn Law for the 2009-2010 academic year, for full-time students not living with their parents (God forbid), is a shade over $66,000. Shouldn’t that buy BLS’s silence?
Or is the law school in the right here? Shouldn’t law students, i.e., future lawyers, know and follow the law?
UPDATE: Brooklyn Law has announced a change in this policy.
Read the email and take a poll, after the jump.

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What’s Going On at Finnegan Henderson?

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Finnegan Henderson Farabow Garrett Dunner LLP.jpgThe Great Recession has been tough for many different types of firms — and that even includes intellectual property firms. During the past year, IP-focused shops have cut back on hiring, slashed salaries, and lost key partners to larger firms.
A few recent developments at Finnegan Henderson, the D.C.-based IP powerhouse, reflect the new realities. Multiple sources report the following:

1. Earlier this week, at an “all associates” meeting, the firm announced that it is freezing associate salaries.

2. At the same meeting, the firm announced that it is reducing first-year associate salaries from $160,000 to $145,000 (in all offices).

UPDATE: We understand that Finnegan has frozen support staff salaries as well.
Two additional items about Finnegan, after the jump.

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Musical Chairs: Joe Robinson and Bob Shaffer from Darby & Darby to McDermott

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Joseph Robinson Joseph R Robinson Joe Robinson Darby McDermott Will Emery.jpgWe’ve covered in these pages the many challenges faced by standalone intellectual property firms. One of them is competition from Biglaw shops seeking to scoop up top talent in the IP field.
Yesterday morning, Robert C. Sullivan Jr., president and managing principal of Darby & Darby, sent around an internal email announcing the departure of two prominent partners, Joseph Robinson (pictured) and Robert Shaffer. Robinson and Shaffer, who specialize in patent litigation, counseling and procurement, are joining the New York office of McDermott Will & Emery.
It’s not happy news for Darby, which a tipster describes as “one of the last IP boutiques of any meaningful size, [but] gasping for breath as it is.” Robinson, a biotech expert and noted patent litigator, is said to have been one of the firm’s top-grossing partners, “probably to the tune of about $4 million.” Darby is holding a town hall meeting to discuss the defections.
A source issues this warning to Robinson’s new colleagues at MWE:

[Robinson] is a control freak who wields the power he gets from high earnings with an iron fist…. He is a significant reason for the many partner and practice group defections at Darby in the past few years, and now he’s gone too. McDermott will love the revenue, hate the attitude.

In Robinson’s defense, does he sound all that different from many top partners or successful litigators?
Robert Sullivan’s email announcing the departures, after the jump.

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Ringtones Are Not Public Concerts

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Ringtones Public Concert.jpgThe American Society of Composers, Authors and Publishers (ASCAP) sued AT&T and Verizon looking to recoup additional royalty fees from people who use ringtones. ASCAP members already receive money from ringtone purchases, but they wanted more money. You know, like a little charge every time a phone rings or something. They lost:
Wired reports ASCAP’s ridiculous argument (gavel bang: ABA Journal):

A federal judge has dismissed the music industry contention that when a cellphone’s ringtone begins playing, copyright infringement starts happening since others can hear the song, essentially arguing that a mobile phone is a portable concert hall.
That argument meant that millions of mobile phone users were copyright scofflaws anytime anyone called them.

I don’t think the insufferable noise pollution emanating from the pockets and purses of lemmings who think they are showing individuality is anything at all like a public concert. I’m glad at least one federal judge agrees with me.
The decision (pdf) made it clear that there was no infringement when ringtones are played without any commercial purpose. So make sure you don’t ever ask somebody to pay you for the privilege of listening to your phone. Not only do you run a high risk of getting punched in the face, you also might cause this nonsense argument to waste more judicial time.
Judge: Cellphone Ringtones Are Not Concerts [Wired]
No Royalties for Ringtones, Judge Rules [ABA Journal]

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All the Rage: Fashion Design Litigation?

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do not duplicate stamp.jpgWhat should be done to protect fashion designers from copycats? Law professor Gerard Magliocca would probably say nothing, but other observers are more sympathetic to the designers. Law profs Scott Hemphill (recently married) and Jeannie Suk (half of celebrity couple Feldsuk) propose what they call “the squint test.”
Although fashion designs don’t currently enjoy copyright protection, designers who feel they’ve been ripped off do have other options. They can try suing under a theory of trade dress infringement, which is exactly what some of them have been doing.
Trade dress litigation over fashion designs seems as ubiquitous this season as thigh-high boots. Alexander McQueen recently sued Steve Madden, claiming that Madden’s Seryna peeptoe bootie is a ripoff of McQueen’s Faithful model (see for yourself here). Meanwhile, Forever 21, the fashion retailer known for cheap knock-offs, umm, affordable interpretations of designer fashion, has settled a lawsuit brought by Trovata, the Newport Beach clothing company. Trovata claimed that Forever 21 was copying its striped tees, sweaters and blouses.
You can read more, compare the designs, and comment, over at Fashionista (links below).
McQueen Sues Madden: Halle-f*&%#ng-lujah [Fashionista]
Settled & Stuff [Fashionista]

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The Economy Is Still Soft For IP Lawyers

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American Intellectual Property law association.jpgDespite slight indications that the legal economy is recovering, the market continues to be difficult for would-be intellectual property lawyers.
The American Intellectual Property Law Association (AIPLA) is having its annual career fair next Saturday. Unfortunately, employer turnout is depressed this year. Here’s the email that went out to AIPLA job seekers yesterday:

To: AIPLA Career Fair Registrant

Subject: AIPLA Important Career Fair Information

Thank you for registering to participate in the AIPLA Career Fair. Please be aware that our attendance for firms/companies participation in the AIPLA Career Fair is not what we expected for this year. We’ve followed up with the Firms and Companies and they have indicated that they do not have positions available and/or not hiring at the present time.

Currently we have 9 firms participating in the Career Fair and we have over 350 Job Seekers that have registered to participate in the Fair. We strongly encourage you to only plan to come to the Career Fair if you have a confirmed interview or were otherwise planning on attending the AIPLA Annual Meeting. If you joined as an AIPLA Student Member between September 1 through October 6, 2009 to participate in the AIPLA Career Fair we will offer you a complimentary Annual Meeting Registration…. The Annual Meeting, which runs from October 15-17, will offer Educational Session, Committee Meetings, Continuing Legal Education Credit and is a Great Networking Opportunity!

Regards,
AIPLA Meetings Dept.

I can’t believe that I have to ask this, but does anybody know where an IP attorney can get a job?
Earlier: Small Law Firm Open Thread: Intellectual Property
Nationwide Salary Cut Watch: Townsend and Townsend and Crew

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Small Law Firm Open Thread: Intellectual Property

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Back to our series of open threads covering small (or smaller) law firms, focused on different practice areas. We’ve already written about small law firms in general, insurance law, personal injury law, trusts and estates, immigration, and real estate. Some of those discussions are still active, so feel free to look back at them.

Today we turn our attention to what’s widely viewed as a hot field: INTELLECTUAL PROPERTY. The reader who requested IP law as a subject offered an overview of the field:

IP is a very variable, different, and often forgotten practice of law that is mostly inhabited by engineers and science geeks who have no problems wearing Cosby sweaters and bad shoes around their workplaces.

More serious reflections, plus some questions, after the jump.

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Nationwide Salary Cut Watch: Townsend and Townsend and Crew

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Salary Cuts.jpgThe myth that IP boutiques would be immune from the recession has already been debunked. Today, a few more intellectual property lawyers came back down to earth with the rest of the legal industry.
Above the Law has obtained an internal memo from the IP firm Townsend and Townsend and Crew. The firm is cutting salaries:

All- After much deliberation and consideration of the various issues involved, including the thoughtful input of the associates, the Policy Committee has made the decision to restructure associate compensation for 2010 as follows:
1) The associate pay scale for 2010 will be adjusted so that starting salaries for first year associates will be $145,000.
2) The remaining scale will be:
Level 2: $ 160,000
Level 3: $ 170,000
Level 4: $ 185,000
Level 5: $ 210,000
Level 6: $ 225,000
Level 7: $ 240,000

But don’t get too attached to that lockstep system, Townsend associates. After the jump, we see that Townsend wants to join the cool kids hanging out behind the gym lighting lockstep on fire.

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