Intellectual Property

  • rainbow flag

    10th Circuit, Baseball, Biglaw, Crime, Gay Marriage, Morning Docket, Patents, Plaintiffs Firms, Tax Law, Technology, Utah

    Morning Docket: 06.26.14

    * In case you missed this piece of news amid yesterday’s Supreme Court madness, the Tenth Circuit found Utah’s ban on gay marriage unconstitutional. It’s the first federal appeals court to make such a ruling. Hooray! [New York Times]

    * “Just about everyone he came in contact with, he managed to corrupt.” Paul Daugerdas, formerly of Jenkins & Gilchrist, was sentenced to 15 years for his role in an $8B fraud scheme. [Businessweek]

    * Despite what you may have been led to believe, not all patent awards are as high as those you see in media headlines. Fewer than 2% of infringement cases even result in damages. [National Law Journal]

    * When is it okay to turn down a Biglaw offer and head to a plaintiffs firm? Probably when you’re planning to file a massive class-action suit against the MLB on behalf of minor leaguers. [St. Louis Post-Dispatch]

    * William Mitchell Law’s new J.D. program is the first of its kind to be approved by the ABA. It’s half online, half on-site (does 9 times count as half?), and we see more like this coming down the line. [U.S. News]

    5 Comments / / Jun 26, 2014 at 9:09 AM
  • 'Would you like fries with that, Your Honor?'

    Biglaw, Crime, English Grammar and Usage, Fast Food, Federal Judges, Morning Docket, Patents, SCOTUS, Screw-Ups, State Judges, State Judges Are Clowns, Supreme Court

    Morning Docket: 06.25.14

    * With OT 2013 drawing to a close, here’s a nifty chart that shows which Supreme Court justices vote together most and least often. The division is real, people. [The Upshot / New York Times]

    * “Not only do they have unique interpretations of the Constitution but they can’t even agree on how to pronounce words.” Listen to our SCOTUS justices flub the word “certiorari.” [Legal Times]

    * Quinn Emanuel and Samsung must now pay more than $2M in sanctions to Nokia and Apple after leaking confidential, “attorneys’ eyes only” information in a discovery blunder. Oopsie! [Legal Week]

    * “Why can’t you get a real job?” This judge — the same one who sentenced a rapist to just 30 days in prison — told a fast-food worker to get a better job to pay off his restitution more quickly. [Billings Gazette]

    * If you think you’ve seen the best of the “Law and ______” classes, you ain’t seen nothing yet. Say hello to some newcomers, like Video Game Law and Law of Robots. Justice Scalia is pissed. [WSJ Law Blog]

    3 Comments / / Jun 25, 2014 at 8:32 AM
  • angry lawyer-RF

    Bankruptcy, Biglaw, Intellectual Property, Trademarks

    Biglaw Firm Throws Even Bigger Hissy Fit

    Biglaw firm is just now learning about the Streisand Effect — sometimes it pays to keep your mouth shut.

    16 Comments / / Jun 20, 2014 at 2:49 PM
  • Redskins

    D.C. Circuit, Football, Quote of the Day, Racism, Trademarks

    Redskins Really Hoping For Judge Who Has Never Read A Dictionary

    A long time ago, one judge thought Native Americans weren’t necessarily offended by “Redskins.” Washington is really hoping they find another judge like that.

    37 Comments / / Jun 19, 2014 at 4:04 PM
  • iStock_000011259011Small

    American Bar Association / ABA, Biglaw, Crime, Intellectual Property, Law Schools, Morning Docket, Native Americans, Paralegals, Rankings, Sports, Trademarks, Vault rankings

    Morning Docket: 06.19.14

    * The latest Vault 100 rankings are out, and it’s time to find out which Biglaw firm is the most prestigious in all the land. Is it Wachtell? Is it Cravath? We’ll have the answer for you, and much more analysis, later today. [Vault]

    * An former office manager at Vedder Price has been accused in a $7M embezzlement scandal. She allegedly used the money to buy “lavish homes, numerous vacations” — it’s as if she were trying to live like a partner. [ABA Journal]

    * Since the Redskins’ trademark was canceled by the Patent and Trademark Office, sports fans are wondering whose offensive team name is next. The Cleveland Indians might get scalped. [WSJ Law Blog]

    * According to ALM Legal Intelligence, paralegal pay is on the rise, and it’s almost $80/hr in top roles. Why should new attorneys care about this? Because they’ll probably have to work as paralegals. [ALM]

    * Double the deanships, double the fun: Penn State Law’s campuses have been approved by the ABA to become separately accredited locations. We’ll take bets on which one closes first. [StateCollege.com]

    3 Comments / / Jun 19, 2014 at 9:07 AM
  • Washington-Redskins-Helmet-2

  • Brain on LSAT

    Antonin Scalia, Gay, Law Schools, Non-Sequiturs, Television, Trademarks

    Non-Sequiturs: 06.17.14

    * Law school kills brain cells. [TaxProf Blog]

    * Dean Stephen C. Ferruolo takes on Justice Scalia’s recent critique of legal education. Oh, it’s on now. [Los Angeles Daily Journal]

    * A look inside a mock law school admissions meeting. It’s not a Texas admissions meeting, so you’re still not going to learn the relative merits of a 128 LSAT. [Most Strongly Supported]

    * Newsmax has a new cable network and it’s bringing on Professor Alan Dershowitz to offer “practical legal advice to ordinary Americans.” Hopefully he’ll be able to walk us through the legal points of Newsmax’s usual coverage of how the Black Panthers ordered Hillary to let Benghazi happen. [Digital Journal]

    * PRIDE cometh before the court. [Likelihood of Confusion]

    * A fourth case has been reopened in light of CPI’s expose of judges hearing cases despite financial conflicts. [Center for Public Integrity]

    * Lip-sync battle starring 3L Ty Wood and Professors George Bach, Alex Ritchie and Kevin Tu. Complete with cheesy effects! [UNM School of Law]

    1 Comment / / Jun 17, 2014 at 5:32 PM
  • iStock_000016329481Small

    Football, Gay, Labor / Employment, Law Schools, Non-Sequiturs, Patents, Pets, Tax Law

    Non-Sequiturs: 06.11.14

    * The intellectual property history of dog leashes. How long is a patent in dog years? [Slate]

    * Trinity Western University, the new law school that bans gay people, just earned a thumbs down vote from thousands of area lawyers objecting to its accreditation. [CBC]

    * 10 real-life laws that regulate the supernatural world. [io9]

    * There’s a new bill of rights in this country and it comes from the IRS. The right to basically avoid taxes is only on the form for rich people. [TaxProf Blog]

    * Mass incarceration in this country degrades citizenship. Sadly, this statement needed to be made. [Boston Review]

    * After receiving an award, a young lawyer blasts legal aid cuts. [Legal Cheek]

    * The Daily Show examines the ongoing effort to unionize college football with commentary by Dee Dee Benkie. She’s wrong of course — college football unions would work like professional sports unions representing players who face exactly the same workplace hazards, instead of stereotypical longshoremen — but it’s good to see even an anti-union advocate agreeing that players deserve something more than what they currently get. Video below…. [The Daily Show]

    1 Comment / / Jun 11, 2014 at 5:02 PM
  • UpCounsel logo

    Biglaw, Boutique Law Firms, Intellectual Property, Partner Issues, Patents, Small Law Firms, Solo Practitioners, Technology

    Beyond Biglaw: Up, Up and Away…

    Columnist Gaston Kroub, Biglaw partner turned boutique firm founder, tries out a new service for finding clients.

    5 Comments / / Jun 10, 2014 at 10:16 AM
  • Johnny Manziel (By: Thomas Campbell-USA TODAY Sports)

    Citigroup, Football, Jed Rakoff, Jonathan Lee Riches, Law Reviews, Legal Ethics, Non-Sequiturs, Patents, Pornography, SCOTUS, Securities and Exchange Commission, Supreme Court, White-Collar Crime

    Non-Sequiturs: 06.04.14

    * Sad day for Jonathan Lee Riches. His lawsuit over Johnny Manziel’s penis has been thrown out of court. [Black Sports Online]

    * Hot on the heels of yesterday’s item about SCOTUS porn parties, Professor Tribe guest blogs about his new book (affiliate link) and coercion, bribery, and influence. [The Volokh Conspiracy / Washington Post]

    * Former Brooklyn DA and aspiring TV star Charles Hynes is staring down larceny accusations. [Gothamist]

    * Texas basically assigns a cop to actively discourage investigate indigent parties seeking assigned counsel. [Socialist Gumshoe]

    * The Supreme Court doesn’t like talking about patents — its opinions on the subject are getting shorter and shorter. [Patently-O]

    * A lawyer is in hot water for allowing underaged drinking at a post prom party. The point was to keep the kids from driving. But no good deed goes unpunished. [Turn to 10]

    * An interesting profile of one of my favorite professors, Ken Feinberg, labeling him “the lawyer who decides what a life is worth.” Yikes. [KDVR]

    * The business strategy of just telling clients what they want to hear deflates. [Dealbreaker]

    * Who says no one reads law reviews? The porn industry does and they really like this student Note. [XBiz]

    * This is why we can’t have nice things. Second Circuit explains that if a revolving door agency of sycophants says it’s OK, it’s OK. Full opinion below…. [New York Times]

    3 Comments / / Jun 4, 2014 at 5:03 PM
  • Maiko Maya King

    Gloria Allred, Intellectual Property, Law Schools, Marijuana, Morning Docket, New York Times, Patents, Politics, Racism, Sexual Harassment, State Judges Are Clowns, Trademarks

    Morning Docket: 06.04.14

    * The U.S. Patent and Trademark Office has been operating without a director for almost a year and a half, and Sen. Orrin Hatch is calling it “inexcusable.” Here’s his politely pissed off letter to President Barack Obama. [Corporate Counsel]

    * The chief judge of Florida’s 18th Judicial Circuit Court wants you to know Judge John “I’ll Just Beat Your Ass” Murphy’s behavior “in no way reflects the typical manner that courtrooms are managed … in this circuit.” [WSJ Law Blog]

    * Weed has been legal and free flowing in Colorado for months, but now the state is starting to see its dark side. It seems morons who get too high are accidentally killing themselves and others. [New York Times]

    * InfiLaw’s bid to purchase Charleston Law reached the pages of the NYT, with a shout-out to one “scrappy website” that referred to the company by its one true name: “diploma mill.” [DealBook / New York Times]

    * “Why would you bring black people into the world?” An ex-lover/employee of Donald Sterling is suing him for racial and sexual harassment over lovely comments like this. She’s repped by Gloria Allred. [CNN]

    1 Comment / / Jun 4, 2014 at 9:08 AM
  • Paris Hilton legal trial lawyer law school nude hottie

    Deaths, Federal Judges, Non-Sequiturs, Paris Hilton, Patents, Prisons, S.D.N.Y., Technology

    Non-Sequiturs: 05.28.14

    * In sad news, Judge Harold Baer Jr. died last night. A giant of the Southern District of New York, Judge Baer will be remembered for his sound judicial temperament and his biting wit. [New York Law Journal]

    * Paris Hilton hit with $2 million lawsuit for breaching a footwear deal. Does anyone still care enough about Paris Hilton to sign her to multi-million dollar sponsorship deals? [Radar Online]

    * Kamala Harris may have a bright future, but her present has some issues. She started a task force to go after foreclosure consultant fraud and managed to pursue only 10 cases, fewer than her colleagues in other states despite California’s foreclosure crisis. Part of having a prestigious job is actually doing it. [East Bay Express]

    * A Texas woman has filed suit claiming she was forced to give birth in solitary confinement, begging for — and not receiving — medical care. The baby died. But, hey, the baby came out of her, so it’s not a problem whether it lives any more in conservative Texas. [Feministing]

    * Judge allows Bank of America to continue foreclosing on the home of Burt Reynolds. And somewhere Alex Trebek smiles. [WPEC]

    * More on the female brain drain at law firms and how to fix it. [She Negotiates]

    * 5 awesome charts that prove that patent litigation is officially out of hand. [Vox]

    * Ray Rice’s lawyer offers a hypothetical of the videotaped altercation between Rice and his now-wife. This is why lawyers shouldn’t use hypotheticals. [Sports World News]

    * Is there really a “third way” when it comes to Net Neutrality? This article makes a good case for rules allowing providers to take reasonable actions to address the different needs of Skype vs. email. [The Hill]

    * Law firms are starting to think like media companies. Next thing you know, Biglaw will be all Hollywood. Video after the jump…. [Mimesis Law]

    6 Comments / / May 28, 2014 at 5:00 PM
  • Mahbod Moghadam, formerly of Rap Genius

    Antonin Scalia, Biglaw, Dewey & LeBoeuf, Federal Circuit, Federal Judges, Guns / Firearms, Law School Deans, Law Schools, Morning Docket, Patents, SCOTUS, Supreme Court, Violence

    Morning Docket: 05.27.14

    * Supreme Court justices are “basically rewriting the law,” sometimes years after the fact. As it turns out they’ve been quietly “changing the wording of opinions” — sometimes, even our legal idols make mistakes. [New York Times]

    * Many law school deans at leading law schools are pretty pissed off about Justice Antonin Scalia’s latest criticisms of the legal academy. Please, continue taking “Law and Unicorns.” It’s a real class, we promise! [National Law Journal]

    * Judge Randall Rader, who recently resigned as the Federal Circuit’s chief judge, released a memo to his colleagues apologizing for his scandalous recusals in a pair of patent cases. Poor guy. [WSJ Law Blog]

    * Peter Alexander, Indiana Tech Law’s dean, has resigned less than a year after opening the school’s doors. The school’s interim dean doesn’t use capital letters in his name. That’s cute. [Journal Gazette]

    * Très, très déclassé: Mahbod Moghadam, formerly of Dewey & LeBoeuf, was fired from Rap Genius after he inappropriately annotated suspected Santa Barbara shooter Elliot Rodgers’s manifesto. [Re/code]

    14 Comments / / May 27, 2014 at 9:08 AM
  • Apple logo 2

  • man pulling hair out

    Intellectual Property, Patents, Rudeness

    ‘Dear Piece Of Sh*t': A Great Response To A Patent Troll

    Sometimes patent trolls need to be trolled themselves.

    30 Comments / / May 19, 2014 at 1:15 PM
  • En garde, esquires of the Biglaw realm!

    Basketball, Biglaw, Cars, Google / Search Engines, In-House Counsel, Law Firm Mergers, Law Firm Names, Money, Morning Docket, Patents, Patton Boggs, Racism, Real Estate, Technology

    Morning Docket: 05.19.14

    * Partners from Patton Boggs and Squire Sanders may vote on their merger sometime this week. Get ready to say hello to Squire Patton, House of Boggs, Hodorific of Its Name. [Reuters]

    * “[E]xcuse me, sir, you may not be here in five years.” Biglaw firms are becoming more “egalitarian” about office space because attorneys have expiration dates. [National Law Journal]

    * After a flat year in 2013, and much to Biglaw’s chagrin, “[i]t is going to be harder to sustain year-over-year profitability gains.” Oh joy, time to power up the layoff machine. [Philadelphia Inquirer]

    * Tech giants Apple and Google have called a ceasefire in their dueling patent suits in a quest to reform patent law — and so Apple can concentrate all of its efforts on suing the sh*t out of Samsung. [Bloomberg]

    * GM’s in-house legal department is being heavily scrutinized in the wake of the car maker’s ignition switch lawsuit extravaganza. You see, friends, people die when lawyers don’t even bother to lie. [New York Times]

    * Donald Sterling found a lawyer willing to represent him, an antitrust maven who thinks the NBA should take its ball and go home because “no punishment was warranted” in his client’s case. [WSJ Law Blog]

    0 Comments / / May 19, 2014 at 9:12 AM
  • Remodeled_Walmart

    Basketball, Copyright, Football, Law Schools, Music, Non-Sequiturs, Trademarks

    Non-Sequiturs: 05.13.14

    * Wal-Mart adds lawyer offices. No, this article isn’t about Infilaw. [ABA Journal]

    * Now we are! The faculty of Charleston Law is pleading with anyone who will listen to stop Infilaw. [Pro Bono Populi (Charleston School of Law Alumni Association)]

    * Has the college applications process become a monopoly? There’s an antitrust lawsuit contending it is. Maybe somebody will make the same sort of claim about the law school applications process with all its major security concerns. [Reuters]

    * The latest traffic stats for blogs edited by law professors. It’s good to see Brian Leiter wasn’t just wrong about being more popular than ATL — he was really, really wrong. [TaxProf Blog]

    * Goldieblox paid the Beastie Boys (or technically charity) $1 million over using their song for 10 days in an effort to promote smart toys for girls. Good job bringing the lyrics to life, Boys! [Hypebot]

    * Speaking of intellectual property suits, the University of Alabama sued a company for using a houndstooth pattern because Bear Bryant used to wear hats with a houndstooth pattern that some other company developed. They’ve settled. [SF Gate]

    * Judge Claudia Wilken has denied the NCAA’s latest effort to delay the Ed O’Bannon trial. At least the NCAA is nearing a settlement on a concussion suit. I wonder if that’ll end up favoring the players? [Associated Press]

    * Litigation financing meets intra-disciplinary disputes as philosophy professors chip in to help a student sue a Yale philosophy professor for sexual harassment. [Chronicle of Higher Education]

    * Porsche sued for building cars that are too fast and too furious. [ABC News]

    9 Comments / / May 13, 2014 at 5:03 PM
  • Football stadium RF

    Andrew Cuomo, Biglaw, Football, Sports, Trademarks

    Ask Not What The NFL Can Do For Buffalo

    If the Bills stay in Buffalo, lawyers will make New York pay through the flared nostrils.

    5 Comments / / May 9, 2014 at 3:29 PM