Intellectual Property

  • Ted Cruz

    9th Circuit, Biglaw, Crime, Insider Trading, Job Searches, Law Firm Mergers, Law Schools, Morning Docket, Patents, R. Ted Cruz, Sports, Technology, Trials

    Morning Docket: 11.11.13

    * After months of gains, the legal industry lost 900 jobs in October, just as some of the big state bar exam results came out. We imagine the folks who rallied for the 10-months-after-graduation employment statistic are as pleased as punch. [Am Law Daily]

    * “How do we find a new inventory of high net worth clients?” The answer for Kelly Drye was really quite simple: it seems that pro athletes are willing to pay just about anything to keep themselves from going bankrupt. [Capital Business / Washington Post]

    * “I don’t know why it’s better to use a bigger firm.” When it comes to the latest law firm mega-mergers, some say that it’s not the size of the boat, but the motion of the ocean. [Wall Street Journal (sub. req.)]

    * It’s like Groundhog Day for these Biglaw attorneys: Apple and Samsung are preparing for the “patent trial of the century,” part deux, and both MoFo and Quinn Emanuel have enlisted new lineups. [The Recorder]

    * SAC Capital’s general counsel is okay, “[a]ll things considered.” His painful appendectomy is nothing compared to the $1.2 billion his hedge fund has to pay the government. [DealBook / New York Times]

    * Ted Cruz might be an “AASS,” but he’s done at least one awesome thing in his life. He once drank so much Everclear that he completely ruined a play put on by the Harvard Law drama society. [Boston Globe]

    * The Z-list actress who sued IMDb for revealing her age filed an appeal with the Ninth Circuit because hey, some of those judges are pretty old. Maybe they’ll sympathize. [Hollywood, Esq. / Hollywood Reporter]

    2 Comments / / Nov 11, 2013 at 8:59 AM
  • Office_Depot_Corporate

    Copyright, Technology, Trademarks

    Office Depot Sends World’s Worst DMCA Notice To Reddit

    Companies should recognize when complaining is worse than just letting it go.

    9 Comments / / Nov 8, 2013 at 1:01 PM
  • 320px-Beastieboys-sonar

    Copyright, Intellectual Property, Music, Quote of the Day

    Saying ‘Dope!’ Does Not Provide A Legally Cognizable License To Ill

    Beastie Boys sabotage Monster Energy’s defense in intellectual property suit.

    3 Comments / / Nov 5, 2013 at 1:17 PM
  • iStock_000000859483XSmall

    Federal Circuit, Intellectual Property, Patents, Technology

    Chief Judge Of Patent Court Compares Killing Bad Patents To Genocide

    Yeah, these are basically the same except for the whole “mass murdering of human beings” part.

    20 Comments / / Nov 1, 2013 at 2:41 PM
  • 200px-FettbobaJB

    2nd Circuit, Arthur Miller, Copyright, D.C. Circuit, Joe Biden, Non-Sequiturs, Politics, Shira Scheindlin, Supreme Court

    Non-Sequiturs: 10.31.13

    * The Second Circuit has remanded the New York Stop and Frisk decision, demanding that a new judge hear the case. Among the reasons: that Judge Shira Scheindlin gave “media interviews and public statements purporting to respond publicly to criticism of the District Court.” So basically, act like a contemptuous prick in the press and when the judge calmly reaffirms her impartiality, get her thrown off the case. Thankfully this will all stop being an issue on about January 1, 2014. [U.S. Courts]

    * Attorney networking and referral site wireLawyer gave itself a Halloween makeover. Personally I wouldn’t want a Fett as an attorney — they have a tendency to lose their heads or fall into pits of despair. Screenshot if you check out the site after they’ve moved on to what we can only assume is their All Saints Day makeover. [wireLawyer]

    * Joe Biden’s niece appeared in court after she clashed with police last month, “swinging at a female officer then slapping another” before being dragged away in handcuffs all while touting how she “studied law.” This actually sounds more like something Joe Biden’s Onion persona would do. [NY Post]

    * Penn Law is sporting pumpkins carved with the likeness of all nine Supreme Court justices. [Under the Button]

    * Vivia Chen’s epic fail as a mother on Halloween. We still love you. [The Careerist]

    * The House of Representatives has now introduced a use restriction on videos of House hearings to prevent the footage from being used for political purposes. That doesn’t sound all that legal. The Republicans just desperately don’t want people to know what they actually do at “work.” [Patently-O]

    * Meanwhile, the Senate GOP is going filibuster on Patricia Millett’s nomination to the D.C. Circuit despite lacking any objection to her. [Huffington Post]

    * NYU Law carried on its annual tradition of acting out the Erie case. Screw that! They should act out Palsgraf…

    6 Comments / / Oct 31, 2013 at 5:09 PM
  • got_cleavage_tshirt

    Books, Breasts, Labor / Employment, Non-Sequiturs, Patents, SCOTUS, Supreme Court

    Non-Sequiturs: 10.30.13

    * “I Love Boobies” case may go to the Supreme Court. [Jezebel]

    * Law firms are warning clients to beware of “Misclassification Creep” which is a “threat” to many businesses. Yeah, it’s a real shame that employees might start getting paid what they actually earn. [Corporate Counsel]

    * Recurring ATL subject, Caskers craft spirits retailer, has been sold to Anderson Press. [Pandodaily]

    * Meanwhile, another legally related business has raised a total of $850,000. Hopefully they can use some of that to make another hilarious commercial. [Techcrunch]

    * Here are 10 things every new lawyer should do right now. Shorter version: start puckering up. [The Careerist]

    * In horrible news, a missing Wayne State law student was found dead. [Detroit Free Press]

    * A former Biglaw, current Midlaw associate has written a book and created this trailer to promote it. What if a sex toy manufacturer became a patent troll? Video embed after the jump…

    3 Comments / / Oct 30, 2013 at 5:00 PM
  • Cheating-Spouse

    Attorney Misconduct, Biglaw, Books, Career Alternatives, Disasters / Emergencies, Gay, Gay Marriage, House Judiciary Committee, Law Firm Mergers, Law School Deans, Law Schools, Legal Ethics, Morning Docket, Patents, Sandra Day O'Connor, SCOTUS, Sex, Supreme Court

    Morning Docket: 10.30.13

    * Justice Sandra Day O’Connor has joined Justice Ruth Bader Ginsburg in being one of the only justices to perform a same-sex marriage. No divas here: the wedding ceremony was held at the high court because “[t]hat’s where she was.” [BuzzFeed]

    * “Proceed with caution.” David Kappos, the former director of the U.S. Patent and Trademark Office, isn’t too keen on the latest patent reform bill that’s currently before the House Judiciary Committee. If only the man still had a say. [National Law Journal]

    * Dentons and McKenna Long & Aldridge have released a joint statement to ensure the public that the proposed merger is still on. Good news, everyone! The firm won’t be named McDentons. [Am Law Daily]

    * Ralph Lerner, formerly of Sidley Austin, has been slapped on the wrist suspended from practice in New York for one year’s time after improperly billing car service to clients to the tune of $50,000. [Am Law Daily]

    * It’s been a year since Superstorm Sandy, and lawyers are still counseling their clients on how to muddle through the mess. Volunteer some pro bono hours and help out those in need. [New York Law Journal]

    * After threatening to cut faculty positions, New England Law Dean John O’Brien is taking a 25 percent pay cut. He’ll only earn $650,000. Wow. I think we’re supposed to be impressed. [Boston Business Journal]

    * Career alternatives for attorneys: rescuer of nerd relics. Head to this Brooklyn book store (of course it’s in Brooklyn) if you’re desperately seeking long lost science fiction tales. [Wall Street Journal (sub. req.)]

    * We bet that folks in Australia would like to tell the the High Court to bugger off after overturning this ruling. Sexual injuries that occur during work-related trips don’t qualify for workers’ compensation. [Bloomberg]

    0 Comments / / Oct 30, 2013 at 9:33 AM
  • internet troll

    Banking Law, Drugs, Environment / Environmental Law, Law Schools, Marijuana, Morning Docket, Patents, SCOTUS, Supreme Court

    Morning Docket: 10.24.13

    * Parties in the greenhouse gas cases before SCOTUS have agreed to trim the number and length of their briefs to reduce the number of times “go f@ck yourself and die” is written. [Blog of Legal Times]

    * The latest patent reform bill up for debate promises that it will put an end to the trolls by forcing them to do more work before filing suit. If only it were that easy to keep the trolls at bay. [National Law Journal]

    * Do the hustle, and blame it on Becca! A jury has found that Bank of America is liable for selling defective mortgages, and the potential penalty could be up to $848 million. [DealBook / New York Times]

    * Since the law was puff, puff, passed, lawyers in Washington State have politely asked their Supreme Court if and when they’ll allowed to smoke weed and represent clients that sell it. [Corporate Counsel]

    * Class certification in the Alaburda v. TJSL lawsuit over allegedly deceptive employment statistics has officially been denied. We guess that all good things must come to an anticlimactic end. [ABA Journal]

    * Another law school gets it: the U. of St. Thomas will its freeze tuition at the low, low price of $36,843, allowing students to pay a flat fee for all three years of education. [Campus Confidential / Star Tribune]

    * If you’d like to ace your law school interviews (which apparently are a thing these days), it helps if your personality doesn’t inspire ritualistic seppuku. [Law Admissions Lowdown / U.S. News & World Report]

    * Michael Skakel, the Kennedy cousin convicted of killing, was granted a new trial due to ineffective assistance of counsel. Getting away with murder? Aww, welcome to the family, Mike! [Washington Post]

    3 Comments / / Oct 24, 2013 at 9:09 AM
  • Bill Cosby

    Biglaw, Copyright, Fashion, Law Reviews, Non-Sequiturs, State Judges

    Non-Sequiturs: 10.23.13

    * Police called in to find out who stole the Jell-O from the office fridge. I’m not sayin’, but Bill Cosby has been lurking around the copier. [Lowering the Bar]

    * Notorious troll, Prenda Law, is hopping mad that its financial data might be entered into evidence. It has a bunch of (conflicting) reasons why this shouldn’t happen. [Ars Technica]

    * New York now has a law protecting child models. The fashion industry will have to be content only torturing adults with body dysmorphic disorder. [Fashionista]

    * San Francisco is adopting e-filing. Unfortunately, the system may carry with it a stain akin to a poll tax. [Post & Found]

    * How to dazzle at meetings — without wearing glitter. [Corporette]

    * The proposed amendment to raise the retirement ages of judges doesn’t make a whole lot of sense. [WiseLawNY]

    * With all the talk about whether law reviews are worth it or not, here’s a gathering of major law review publishing agreements. [PrawfsBlawg]

    * Why aren’t more women rising to the top of Biglaw? [The Broad Experience]

    1 Comment / / Oct 23, 2013 at 5:02 PM
  • Transportation_Security_Administration_officer_screening_a_bag

    Constitutional Law, Copyright, Gay, Harvard Law Review, Law Professors, Law Reviews, Law Schools, Non-Sequiturs, Ruth Bader Ginsburg, SCOTUS, Supreme Court

    Non-Sequiturs: 10.15.13

    * Airport security has forbidden joking about bombs and hijacking. Now TSA is cracking down on joking about TSA itself. In the interest of my next flight, “I love you, TSA!” [Daily Mail]

    * A detailed analysis of the 14th Amendment’s role in the debt ceiling debate. President Obama should employ this solution now before the Supreme Court realizes there’s another part of the 14th Amendment they can overturn. [Main Street]

    * Law school professors do not take kindly to your antics. [Law Prof Blog]

    * A Cooley Law professor is arguing against gay rights. Sorry, a Western Michigan Law professor is arguing against gay rights. [Pride Source]

    * The rules don’t apply to Yale or Harvard. Or at least the rules don’t apply to their law reviews. [Professor Bainbridge]

    * Congress is still trying to decide how to regulate FM radio instead of looking at salient issues in modern copyright law. Given how brilliantly they keep the government open, maybe FM radio is the biggest issue we should give them right about now. [The Daily Caller]

    * The lawyer as generalist is fading into obscurity. Let’s commemorate it in poetry, shall we? [Poetic Justice]

    * A preview of some upcoming Supreme Court cases this week. Complete with cartoons! [The Spark File]

    * Finally, here’s a little gem for Justice Ruth Bader Ginsburg fans that we got….

    12 Comments / / Oct 15, 2013 at 5:02 PM
  • It's always sunny - or raining money? - in Philadelphia.

    Affirmative Action, Biglaw, Intellectual Property, Law Schools, Money, Morning Docket, Patents, Rankings, Real Estate, SCOTUS, Supreme Court

    Morning Docket: 10.15.13

    * Affirmative action is again being put to the test before the Supreme Court, but this time, we’re not so sure the justices will punt the ball like last time. The countdown to one of Elie’s epic rants on race in America starts in 3, 2, 1… [National Law Journal]

    * The U.S. Patent and Trademark Office is open for business, but the government shutdown has pretty much brought work at both the International Trade Commission and the Federal Trade Commission to a complete standstill. May they live to fight patent trolls another day. [Corporate Counsel]

    * Good news, everyone! Many Biglaw firms have changed the way they make their real estate and office space decisions, primarily because “maintaining profitability has become very challenging.” [GlobeSt.com]

    * Here’s another list of the law schools where you can get the most bang for your buck — except it neglects to mention what percentage of the class responded to these salary questions. Oops! [PolicyMic]

    * Just saying, but if you’re applying to a law school on an early decision basis, it’s helpful if you actually want to go to that law school above all others. [Law Admissions Lowdown / U.S. News & World Report]

    4 Comments / / Oct 15, 2013 at 9:17 AM
  • iStock_000016927465XSmall-RF

    Drinking, Intellectual Property, Non-Sequiturs, Patents, State Judges, State Judges Are Clowns, Tax Law

    Non-Sequiturs: 10.03.13

    * The author of Great Response to a Cease & Desist Letter fame sent the ATL office some glitter pens because Staci asked for one in the comments. Keep being awesome Andrew Delaney! [Twitter]

    * Tired of the National Zoo Panda Cam? A USPTO attorney has created the Substitute Panda Cam. I wonder if the cam will survive the shutdown. [Substitute Panda Cam]

    * Well, wonder no more! Here’s a rundown of how the shutdown is treating the intellectual property world. [Patently-O]

    * So if you’re part of the intellectual property legal regime that’s shut down (or any government employee off because of the shutdown), here’s a list of all the drinking specials in D.C. you can use to fill your day. [Washington Post]

    * An update on Bike Dude. [Racked]

    * Some advice on handling terrible clients. Alternate title: 50 Shades of Grey. [The Careerist]

    * St. Charles Parish Judge Michele Morel has finally agreed to recuse herself in a trial over the rape of a 10-year-old girl. And why should she have recuse herself? Just because she has a personal relationship with the defendant’s family? Pshaw! [Times-Picayune]

    * Happy 100th birthday to income tax! Back then, someone with around $12 million (in 2013 dollars) paid about 7 percent in taxes. Meanwhile, today that same person would pay… well, with deductions and carried interest exceptions, probably about 7 percent. [TaxProf Blog]

    0 Comments / / Oct 3, 2013 at 5:00 PM
  • NCAA Football 14 USE

    Biglaw, Billable Hours, Health Care / Medicine, Job Searches, Law Firm Mergers, Law Schools, Michael Jackson, Money, Morning Docket, Patents, Sports, Technology, Trials

    Morning Docket: 10.03.13

    * According to Altman Weil, law firm merger mania is on pace for record highs as firms desperately attempt to stave off financial problems by gobbling up smaller firms’ clients. [Am Law Daily]

    * The NCAA better watch its back: Jeffrey Kessler, the Winston & Strawn partner who helped bring free agency to the NFL, wants in on the potential case for unpaid college athletes. [Bloomberg]

    * Lawyers doing regulatory work are very afraid that the shutdown will decimate their fourth quarter billables because “[t]he longer it goes, the more problematic it will be.” Yay government. [Reuters]

    * GrayRobinson partner Philippe Devé is in need of a bone marrow transplant, and his firm is using its social media presence to crowdsource a donor. Will you lend a helping hand? [Daily Business Review]

    * UpCounsel has successfully raised $1.5 million in funding to beef up its international patent practice, proving the point that it costs a pretty penny to protect clients from the world’s patent trolls. [TechCrunch]

    * Law schools in New York State are feeling the pain of the drop in applications, and some are now willing admit that their graduates had to start “cannibalizing each other” in the job market. [New York Law Journal]

    * But really, so what if applications are down? Lots of law schools consider themselves lucky to be keeping the lights on with the assistance of generous alumni donations in the millions. [National Law Journal]

    * Another day, another “diploma mill.” Sorry to disappoint you, law students and alumni, but Charleston School of Law is moving forward with its plans to sell out to the InfiLaw System. [Post and Courier]

    * Who’s bad? Not AEG Live. A jury made up of people unable to answer yes or no questions during the reading of the verdict found that the concert promoter wasn’t liable in Michael Jackson’s death. [CNN]

    0 Comments / / Oct 3, 2013 at 9:03 AM
  • Scene_at_the_Signing_of_the_Constitution_of_the_United_States

    Hearsay, International Law, Non-Sequiturs, Patents, SCOTUS, State Judges, State Judges Are Clowns, Supreme Court

    Non-Sequiturs: 10.02.13

    * This Term, both wings of the Court will be making originalist arguments because “slaveholders from 200 years ago said so” is the most compelling argument in our legal toolbox. [Constitutional Accountability Center]

    * Yale Law grad Ronan Farrow, supposedly Woody Allen’s son, might really be Frank Sinatra’s son. Looking at him that… makes sense. [Vanity Fair]

    * Looks like the FTC is finally going after patent trolls. Or would be if we still had a government. [Ars Technica]

    * Based on the look and address, the Law Librarians blog appears to have left the Law Professor Blogs Network. It must have been too loud in there for the librarians. [Law Librarians]

    * So… you’re saying lots of trial judges out there don’t understand hearsay? [The Legal Watchdog]

    * Avast! Russia is going after Greenpeace (probably illegally) for piracy. [The Volokh Conspiracy]

    * A reminder that the federal government shut down is the result of state laws, so maybe you should vote in those off-year local elections. [PrawfsBlawg]

    7 Comments / / Oct 2, 2013 at 5:02 PM
  • iStock_000005864006XSmall

    Associate Advice, Copyright, Jersey Shore, Jury Duty, Law Schools, Lawrence Lessig, Movies, Non-Sequiturs, Television

    Non-Sequiturs: 10.01.13

    * A California judge sentenced a man to 53 years in prison and then officiated his wedding. So she gave him 53 years followed by a life sentence? Hey ho! [CBS News]

    * Jersey Shore’s The Situation suffers the indignity of a legal defeat. I mean, if he has dignity left. [South Florida Lawyers]

    * Who would make a better juror: a non-citizen or Charlie Sheen? I’d prefer to have Sheen… I don’t know if there are many crimes he wouldn’t understand. [The Atlantic]

    * The results are in from Kaplan’s just completed 2013 survey of law school admissions officers. The headline is that 54 percent of law school admissions officers report cutting their entering law school classes for 2013-2014 and 25 percent plan to do so again next year. Time to build another law school! [Kaplan Test Prep]

    * A comprehensive list of the crimes committed by Batman in Batman Begins. And I’m not entirely sure everything he did in his hostile takeover of Wayne Enterprises was on the up-and-up either. [Salt Lake Tribune]

    * Here’s a list of online resources for new attorneys. Here’s another helpful one. [Associate’s Mind]

    * An attorney bit his 3-year-old son. Hurray for bath salts! [KRQE]

    * A record label threatened to sue a guy. Unfortunately for them they threatened to sue Professor Lawrence Lessig. [NPR]

    * Student loan default rates are at the highest level in 20 years. Seems like a sustainable model. [Chronicle of Higher Education]

    * The recycling of policy debaters into litigators brings good and bad habits to the legal profession. On the plus side, there’s the refined research skills. On the other hand, stenographers have a hard time keeping up. [Houston Law Review]

    * The new song “Lady Justice” by lawyer-artist DNA (featuring Zoha). He’s already figured out that all the good songs these days have to be “featuring” someone. Song after the jump…

    0 Comments / / Oct 1, 2013 at 4:58 PM
  • Baker Botts: serving up severance?

    Biglaw, Intellectual Property, Lateral Moves, Litigators, Musical Chairs, Partner Issues, Patents, Secretaries / Administrative Assistants, Staff Layoffs, Texas

    What’s Cooking At Baker Botts?

    There’s good news and bad news: a new lateral partner, and layoffs of some staff.

    6 Comments / / Sep 26, 2013 at 4:18 PM
  • GOT RF

    Copyright, Intellectual Property, Law Schools, Technology

    Law School Network Becomes Just Latest Thing The Lannisters Ruined

    Winter Is Comi… [Download Exceeded Bandwidth]

    6 Comments / / Sep 20, 2013 at 5:01 PM
  • Decline

    Advertising, Biglaw, Intellectual Property, Lateral Moves, Litigators, Partner Issues, Patents, Shameless Plugs, This Is an Ad

    The State of the Lateral Lawyer Market

    How robust is the market for lateral lawyers right now?

    / Sep 19, 2013 at 2:36 PM
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