Intellectual Property

  • Blank Lawyer Type Sign or Shingle.

    Boutique Law Firms, Intellectual Property, Litigators, Patents, Small Law Firms

    Beyond Biglaw: Myself, A Frustrated Client

    Gaston Kroub, who left a Biglaw partnership to launch his own boutique, shares some reflections on his own experience as a client.

    10 Comments / / Jan 9, 2014 at 1:22 PM
  • letter shock

  • 200px-Seuss-cat-hat-RF

    Copyright, Intellectual Property, Technology

    The Grinch Who Stole The Public Domain

    A number of classics should have entered the public domain on Wednesday. Well, a number of classics and Atlas Shrugged.

    6 Comments / / Jan 3, 2014 at 12:25 PM
  • iStock_000031859180XSmall

    Copyright, Movies, Non-Sequiturs, Technology

    Non-Sequiturs: 12.31.13

    Ed. note: Happy New Year! We will resume our normal publication schedule on January 2nd. See you next year.

    * A guy got pantsed twice. He then secured a six-figure judgment! And now he’s appealing that judgment!?!? God, this is exactly the kind of guy who deserves a wedgie. [Lowering the Bar]

    * Professor Campos takes on George Will’s claim that the team name Redskins isn’t offensive because “Oklahoma” basically translates to “Redskin” too. Hey, I could get behind banning Oklahoma. [Lawyers, Guns & Money]

    * A pro se inmate sues the state. The reporter tries really hard to treat the complaint seriously until the very end. [Times-Picayune]

    * A Las Vegas judge (and son of a former mayor) suffered head wounds indicative of an assault. When asked about why LVMPD didn’t tell marshals that a judge had been attacked, they basically said, “Why would we?” Yeah, why alert a judge’s security team about a possible, persistent threat related to his job. [Las Vegas Law Blog]

    * With Netflix about to purge a number of movies off its system, this is an interesting look back at a time when Hollywood tried to ban home movie rental because they generally adhere to the “cut off your nose to spite your face” business model. [Tech Crunch]

    * More on the phenomenon of judges speaking out publicly. I don’t know about all these critics, but we’re sure big fans of these judges. [Wall Street Journal]

    0 Comments / / Dec 31, 2013 at 2:51 PM
  • This is sterner talking to than Lanny Breuer gave HSBC.

    3rd Circuit, Copyright, Dahlia Lithwick, Drugs, Guns / Firearms, Movies, Non-Sequiturs, War on Terror

    Non-Sequiturs: 12.30.13

    * You can go to jail for possession, but if you actively aid and abet drug cartels, you can walk away with a fine worth 5 weeks of your income. It also helps if instead of “poor” you’re a bank. Hooray for “Too Big To Hold Accountable For Anything!!! [Rolling Stone]

    * Disney has gotten fed up with “mockbusters,” films that jack the studio’s logo to confuse people into buying a different DVD. Now if you’ll excuse me, I’ve been itching to check out this new flick September: Osage County. [Jezebel]

    * Dahlia Lithwick explains that too many schools feel the cure for the trauma of school shootings is… creating more trauma. [Slate]

    * Chief Judge Theodore McKee of the Third Circuit rules that the government can detain you for carrying Arabic flashcards. This doesn’t even make racist profiling sense: “bad guys” would already know how to speak Arabic, right? [The Raw Story]

    * Defendants need to understand that getting an acquittal requires them to expend some personal effort, too. [Katz Justice]

    0 Comments / / Dec 30, 2013 at 4:34 PM
  • 800px-Flag_of_Canada.svg

    Affirmative Action, Amy Schulman, California, Canada, Football, Gay, Gay Marriage, Law Schools, Non-Sequiturs, Patents, Prostitution, Women's Issues

    Non-Sequiturs: 12.20.13

    * A federal judge just struck down Utah’s ban on same-sex marriage. [Salt Lake Tribune]

    * After striking down Canada’s anti-prostitution laws, our neighbors to the North went ahead and approved a law school that functionally bans gays. What’s going on up there? Play keep away with the Stanley Cup for 20 years and they just lose their damn minds. [TaxProf Blog]

    * Chief Judge Alex Kozinski objects, but nobody wants to hear it. [Josh Blackman’s Blog]

    * Professor Richard Sander won the right to examine law school race, attendance and grade information, in a bid to prove his central theory that affirmative action somehow hurts black folks. I guess the California Supreme Court is on Team Sander. [San Jose Mercury News]

    * Amy Schulman, the powerful general counsel at Pfizer, is out — and now there’s some interesting speculation as to why. [Law and More]

    * So now everyone’s writing legal opinions over Fantasy Football trades. [BigLaw Rebel]

    * Jim Harbaugh gets all his legal acumen from Judge Judy. Next thing you know he’ll be objecting to “What’s your deal?” for lack of foundation. [ESPN]

    * Speaking of Jennifer Lawrence, she can probably help with your International Law final. [The Onion]

    * There’s a rundown of the top patent law stories of 2013 on the web next month. And there’s CLE to be had! [Patently-O]

    1 Comment / / Dec 20, 2013 at 5:03 PM
  • 434px-MerryOldSanta-RF

    Copyright, Music, Technology

    Santa Claus Is Coming To Town… And EMI Is Keeping The Copyright

    Santa Claus is coming to town… and EMI owns him.

    5 Comments / / Dec 20, 2013 at 12:10 PM
  • SomaliCartman

    Biglaw, Fashion, Health Care / Medicine, Intellectual Property, Non-Sequiturs, Partner Issues, Patents, Privacy, Trademarks

    Non-Sequiturs: 12.18.13

    * The DOJ is looking to retry an accused Somali pirate. They’re totally on top of piracy as long as it doesn’t take place here. [The Blog of the Legal Times]

    * Yesterday we posted our holiday tipping thread, heavily citing Corporette’s Kat Griffin. Now she’s posted her own guide and we’re linking to it. It’s like Inception up in here. [Corporette]

    * Why fashion gets knocked off: delving into the world of design patents and trade dress. [Fashionista]

    * Comparing the modern NSA to the intelligence-gathering techniques employed during the American Revolution. Interesting stuff, but a total cover-up job. Where’s the discussion of Ben Franklin’s “electric kite drones,” eh? You must think we’re pretty naïve, Logan Beirne. [Fox News]

    * Incredibly sad, but also incredibly fascinating: if a child is rendered brain dead by a possible medical mistake, should the state honor the wishes of the family to keep the kid on life support even though every day on life support makes an investigation into the cause of death harder? [CNN]

    * Loyola University Chicago introduces a new curriculum to give students an opportunity to get real-world experience with a judge or practicing lawyer before graduating. A law school focusing on training lawyers to be lawyers? This isn’t all that surprising when you look back at Dean Yellen’s previous work. [Loyola University Chicago]

    * Congratulations to Therese Pritchard on her election as the first female chair of Bryan Cave. We’re big fans… until you fail to leak your bonus memo to us first. The ball’s in your court now Pritchard. [WSJ Law Blog]

    * The venerable Green Bag is parting ways with GMU Law. Thankfully, it has already found a new home. [PrawfsBlawg]

    * Former White House attorney John Michael Farren who we reported on a lot in the past about beating his wife nearly to death… was found liable for beating his wife nearly to death. So that happened. [News Times]

    2 Comments / / Dec 18, 2013 at 5:11 PM
  • 437px-Michael_R_Bloomberg

    Animal Law, Copyright, Crime, Labor / Employment, Law Schools, Music, Non-Sequiturs, Sex, Technology

    Non-Sequiturs: 12.16.13

    * Mayor Bloomberg is filing suit to overturn New York’s Living Wage law, because wasting a bunch of money pursuing a lawsuit for the last two weeks of his term is the kind of efficiency he brings to the table as a biznessmun. [DNAInfo]

    * Judge Richard Leon puts the NSA metadata surveillance program on ice. Looks like someone’s going to get bugged. [Slate]

    * Someone’s asking for a fake college transcript in Baton Rouge. Pretty sure LSU’s athletic department could give you a hand. [Law and More]

    * Considering the polygamy ruling in Utah, here’s an interesting analysis of the constitutionality of bestiality laws. This seems like an appropriate place to link this song about a guy who broke into the Lincoln Park zoo in Chicago. [The Volokh Conspiracy]

    * Here’s a fun game: replace the name of the school and the course of study and marvel at how easily it could pass for an article Elie wrote. [Huffington Post]

    * These folks got smacked with a cybersquatting charge because they used a logical domain name to publicize an ongoing dispute. It’s a lot easier to sue people than to build a solid home. [IT-Lex]

    * In sad news, the victim in a recent carjacking-related killing was Dustin Friedland, a Syracuse law grad who worked with Adam Leitman Bailey. Our thoughts are with the Friedland family. [NY Daily News]

    * The Beastie Boys are suing GoldieBlox over the latter’s viral ad set to a parody of “Girls.” Unlike GoldieBlox, NYU Law professor Chris Sprigman doesn’t need an elaborate Rube Goldberg machine to burst the Beastie Boys’ bubble. Video embedded after the jump… [Bloomberg Law via YouTube]

    0 Comments / / Dec 16, 2013 at 5:16 PM
  • Sarah Jones

    6th Circuit, Bankruptcy, Biglaw, Defamation, Fashion, Free Speech, Law Schools, Media and Journalism, Morning Docket, Patents, Technology

    Morning Docket: 12.09.13

    * After its patent battle in the courts, Apple wants Samsung to pay for a portion of MoFo’s legal fees. When you think of it, $15.7 million is a rather piddling amount when full freight is $60 million. [The Recorder]

    * Say goodbye to your pensions! As it turns out, law review articles aren’t so useless after all. Detroit’s foray into Chapter 9 eligibility is the brainchild of a Jones Day partner and associate duo. [Am Law Daily]

    * It must be really stressful to plan a wedding when your defamation victory is on appeal to the Sixth Circuit. The latest chapter in the Sarah Jones v. TheDirty.com case could mean curtains for online speech. [AP]

    * When it comes to their credit ratings, stand-alone law schools are getting screwed due to their inability to put asses in their empty seats. Four out of five schools profiled could be in big trouble. Which ones? [WSJ Law Blog (sub. req.)]

    * “You need to not dress like that.” TMZ’s attorney, Jason Beckerman, is an alumnus of Kirkland & Ellis, and he was quickly advised by a producer that he needed to lose his lawyer duds. [California Lawyer]

    5 Comments / / Dec 9, 2013 at 9:00 AM
  • Amanda Knox

    Copyright, Health Care / Medicine, Law Schools, Midsize Firms / Regional Firms, Morning Docket, Murder, Music, Pets, Religion, SCOTUS, State Judges, Supreme Court, Trials

    Morning Docket: 11.27.13

    * Oh baby (or the lack thereof): the Supreme Court has decided to take on two of the cases asserting religious challenges to the Affordable Care Act’s contraception coverage mandate. [Blog of Legal Times]

    * “[H]e has a Rolodex like a Ferris wheel.” Delaware’s Supreme Court Chief Justice is retiring from the bench to join Potter Anderson & Corroon, where that Rolodex will come in handy. [Wall Street Journal]

    * Italian prosecutors think Amanda Knox should be convicted of murder (again) and given a 30-year sentence in a retrial she’s not even there for. This kind of sounds like it’d be a double-secret conviction. [CNN]

    * With fall finals right around the corner, law students can take comfort in the fact that next week they’ll be soothed by therapy dogs — ones that’ll need therapy after dealing with law students. [WSJ Law Blog]

    * If you’re considering applying to law school against all odds, you should determine when the right time to apply would be. Don’t listen to your parents, listen to your gut. [Law Admissions Lowdown / U.S. News]

    * If you haven’t heard, the Beastie Boys are having a copyright fight with toymaker GoldieBlox over a parody of the song “Girls” that’s been used in a commercial. Fair use? Decide after the jump. [NBC News]

    11 Comments / / Nov 27, 2013 at 9:08 AM
  • teen pregnancy

    Allen & Overy, Biglaw, Contract Attorneys, Disasters / Emergencies, Insurance, Intellectual Property, Jersey Shore, Job Searches, Law School Deans, Law Schools, Magic Circle, Morning Docket, Patents, United Kingdom / Great Britain, Women's Issues

    Morning Docket: 11.26.13

    * You’d think that when discussing major reforms to the patent system, the director of the USPTO would be there, but you’d be wrong. You’d also be wrong if you thought we had a director right now. [National Law Journal]

    * Welcome to the future of Biglaw: Allen & Overy has realized that it’s a waste of money to keep hiring in a weak market, so the firm is recruiting its alumni to serve as contract attorneys in times of higher legal demand. [Legal Week]

    * Dean Gregory Maggs, the interim leader of George Washington University Law, is being lauded for increasing first-year enrollment by 22 percent in a time of crisis. Excellent work, sir. You flood that job market. [GW Hatchet]

    * Just because you have a law degree doesn’t mean you’re “entitled to rise up and become partner.” Getting a job in the new normal involves having a good attitude and social graces. [WSJ Law Blog]

    * Ladies, if you get pregnant after a fling with an Olympic medalist and move out of state, please know your “appropriation of the child while in utero [will be deemed] irresponsible, reprehensible.” [New York Times]

    * GTL stands for “Gym, Tan, Laundry,” but the owner of these Jersey Shore nightclubs thinks it stands for “Gym, Tan, Lawsuit” — thanks to losses uncovered by its insurer in the wake of Hurricane Sandy. [Newark Star-Ledger]

    4 Comments / / Nov 26, 2013 at 9:19 AM
  • Kent W. Easter

    Attorney Misconduct, Biglaw, Deaths, Insider Trading, Law Professors, Law Schools, Money, Morning Docket, Patents, Trials

    Morning Docket: 11.22.13

    * Former U.S. Attorney Neil H. MacBride will be joining Davis Polk as a partner in the firm’s white-collar defense practice. Nice work, DPW — he’s actually kind of cute. Earn back that rep! [DealBook / New York Times]

    * Matthew Kluger, most recently of Wilson Sonsini, was disbarred in D.C. following his insider trading conviction. His criminal career apparently began while he was still in law school. Sheesh. [Blog of Legal Times]

    * Kent Easter, he of the “I am but a spineless shell of a man” defense, was just on the receiving end of a mistrial. It seems the jury was totally deadlocked. Guess they felt bad for him. [Navelgazing / OC Weekly]

    * The Iowa Law Student Bar Association supports the school’s decision to cut out-of-state tuition by about $8,000 because to stand against such a measure would be absolutely ridiculous. Congratulations on not being dumb. [Iowa City Press-Citizen]

    * Apple won more than $290 million from Samsung in its patent infringement retrial. Siri, tell me what the fifth-largest jury award in the U.S. was in 2013. OMG, I didn’t say delete all my contacts. [Bloomberg]

    * The trial for James Holmes, the shooter in the Aurora, Colorado movie theater massacre, was delayed by a judge until further notice. A hearing has been scheduled to reassess the situation in December. [CNN]

    * Myrna S. Raeder, renowned expert on evidence and criminal procedure, RIP. [ABA Journal]

    7 Comments / / Nov 22, 2013 at 9:09 AM
  • rising bar graph

    Biglaw, Football, Insider Trading, Intellectual Property, Law Schools, Morning Docket, Patents

    Morning Docket: 11.13.13

    * Citi reports that firms saw a revenue jump of 2.7 percent in the third quarter. Revenue has now finally outpaced expenses for the year. Let the good times roll? [The AmLaw Daily]

    * In regulatory fun, the Comptroller of the Currency issued a whole mess of new regulations on how banks can use consulting firms to comply with enforcement orders. In a nutshell, consultants should do their jobs rather than rubber stamp for the banks. Once again regulation arrives long after common sense required it. [Washington Post]

    * A new company called Fantex Holdings might turn your fantasy football chatter into insider trading by securitizing athletes. Now TacoCorp can endure an SEC investigation just like real companies. [Corporate Counsel]

    * Microsoft’s top IP counsel [Corporate Counsel]

    * Harvey Updyke, the Alabama fan who destroyed Auburn’s landmark trees, owes $796,000 according to a judge. Roll Tide. [Courthouse News Service]

    * Veterans applying to law school should take these tips to heart. [Blueprint Prep]

    * The Amanda Knox trial has a ton of experts involved. No defendant, but a ton of experts. [The Expert Institute]

    5 Comments / / Nov 13, 2013 at 9:09 AM
  • 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
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