Apple v. Samsung

Over the past several months, Quinn Emanuel has been in the news for representing Samsung in its tense — and seemingly never-ending — intellectual property war with Apple. The firm has scored some major victories against Apple overseas, but on the home front, Samsung lost that little jury verdict some of you may remember — to the tune of $1 billion.

Through Quinn, Samsung is currently working through the appeals process. But last week, we also caught wind of another mysterious motion in the case. A QE partner suddenly requested to withdraw as counsel from the case. Judge Lucy Koh approved the motion, and within a few days the partner had disappeared from the firm website.

What’s going on here?

Please note the UPDATE at the end of this post.

double red triangle arrows Continue reading “Musical Chairs: A Quinn Emanuel Partner’s Mysterious Departure”

Qualified Arby’s employees are literally willing to die for the company.

* Additional thoughts, from Professor Josh Blackman, on Judge Richard Posner’s awesome streak of book reviews. [Josh Blackman]

* Meanwhile, Professor Kyle Graham wonders: How would Judge Posner review Moby Dick, Fifty Shades of Grey, and other classic literature? Incredibly, that’s how. [noncuratlex]

* Apple responded to Samsung’s blame-the-jury appeal with knives out and guns blazing. [Ars Technica]

* This attempt at using a disguise to commit ID theft was so pathetic, I almost feel bad for the guy. And yes, there is a photo. [Lowering the Bar]

* A longtime Arby’s employee fled when a knife-wielding robber broke into the restaurant in the middle the night. And then Arby’s fired her. At least unemployment > dying alone in an Arby’s. [Consumerist]

* Models, runway shows, and confidentiality agreements, oh my! [Fashionista]

Well, clearly, the biggest technology news today is that Mark Zuckerberg bought a home in the second hippest neighborhood in the country. This means we’re neighbors, and it means I’ll probably have to move soon because my rent will probably double by dinnertime.

Other than that, the global Apple v. Samsung battle royal continues. This week, a British appellate court ruled on the European incarnation of the case. So what’s the score between these tech titans?

Thus far, Apple has done alright in the U.S., but not so much in Japan. And now, let’s just say our European brethren may like Apple products as much as the rest of us, but they don’t worship at the altar of holy rounded corners as devoutly as Americans….

double red triangle arrows Continue reading “British Court Says Apple Is Way Cooler Than Samsung; But Coolness ≠ IP Infringement”

On the day the iPhone 5 became available to the public, I wrote a post asking if the new smartphone might be a sign of the IP apocalypse. I’m not the only one, apparently.

Finally, the rumblings of discontent within the tech and legal industries haved boiled over into the mainstream. The New York Times wrote an extensive front-page story yesterday, chronicling the intellectual property arms race gripping the industry.

A lot of the subjects in the piece may be familiar to Above the Law’s readers. We’ve covered Apple’s schizophrenic attitude towards patents and the America Invents Act (and how it could affect one’s ability to patent bedroom gymnastics).

But let’s take a closer look and put it all in context…

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Not so fast, Canellas…

* Yeah, about that huge bonus we were going to pay our ex-finance director — we realized how silly that was, so we’re not going to do that. Aww, don’t worry, Dewey & LeBoeuf, you’ll have plenty of other chances to look absurd. [Am Law Daily]

* Not only is Samsung suing Apple for patent infringement, but the company is also trying to get a do over by getting Judge Lucy Koh to throw out the original billion-dollar verdict over jury foreman Velvin Hogan’s alleged misconduct. [Bloomberg]

* “Small deals are easier to swallow, easier to integrate.” Regional firms like Carlton Fields and Adams and Reese are gobbling up smaller firms in what seems to be the latest trend in law firm merger mania activity. [Thomson Reuters News & Insight]

* Douglas Arntsen, the former Crowell & Moring associate who had to be extradited from Hong Kong after embezzling $10.7M from clients, pleaded guilty in exchange for a lesser sentence. [New York Law Journal]

* It’s tough to come up with appropriate whistleblower jokes given the background here. We’ll play it straight: Mike McQueary filed a defamation suit against Penn State, and he’s seeking $4M in damages. [ABC News]

* Jose Godinez-Samperio, an undocumented immigrant, is fighting for the ability to practice law in Florida, but the members of the state Supreme Court are literally trying to make it into a “federal case.” [Washington Post]

* Chief Judge Edith Jones of the Fifth Circuit, the judicial diva herself, will be stepping down from her role at the head of the bench earlier than expected, due to “family issues.” Perhaps she told someone to “shut up” too many times? [Tex Parte Blog]

* Apple asked U.S. District Judge Lucy Koh to deny Samsung’s request that she bar all further communication with trial jurors, because the company claims it wants “equal access to information” (aka jury foreman Velvin Hogan). [Bloomberg]

* “[T]here’s no way to preserve the definition of marriage [as one man and one woman] other than by preserving the definition. It becomes somewhat circular.” That, and you rely on law from 1885. Argh! [BuzzFeed]

* ASU Law wants to move from Tempe to Phoenix, and to make it financially feasible, the school may increase enrollment and raise tuition. Sound like a good idea, prospective law students cash cows? [Arizona Republic]

* Now compare/contrast: Stanford Law had to dip into its coffers to come up with the cash to cover its financial aid promises this year, but the school isn’t cutting out a dime that’s owed to students. [National Law Journal]

* Massachusetts appealed the Michelle Kosilek sex-change ruling. The state claims it provided “adequate medical care,” but it’s questionable whether that was the case if the prisoner tried to castrate herself. [CNN]

* Tully Rinckey, a midsize firm, is planning to open an office in Buffalo, New York, so it sent out recruitment letters to 5,469 attorneys in the region. Unemployed law grads: open the letter, it’s not a bill! [Buffalo News]

Right on schedule, attorneys representing Samsung have filed an appeal a month after the company’s glorious failure in its IP faceoff against Apple.

Quinn Emanuel, Samsung’s firm, has taken the jury misconduct route as a way to get the $1 billion dollar verdict tossed. How exactly does Samsung argue the jury — which returned a verdict after only two days, and originally tried to award damages on patents that weren’t infringed — screwed up?

Let’s just say loose lips sink ships, and might even scuttle billion-dollar patent verdicts….

double red triangle arrows Continue reading “Samsung Appeals Billion-Dollar Verdict; Alleges Juror Misconduct”

‘I never look at those rankings.’

* Hey, “regular students” with “regular backgrounds,” you may be able to get a job as a SCOTUS clerk, because Justice Clarence Thomas is the Supreme Court’s honey badger in that he doesn’t give a sh*t about rankings. [Seattle Post-Intelligencer]

* Because $1.05 bill wasn’t quite enough, Apple is asking for additional damages in its patent war lawsuit against Samsung. Ohh, come on, Judge Koh, it’s just an extra $535 million. Everyone else is doing it, come on. Just give us the money. [Bloomberg]

* The D.C. Circuit suit about White House visitor logs is kind of like a recurring issue we see with law schools, in that transparency here means “[w]e will disclose what records we want you to see.” [National Law Journal]

* Skadden is teaming up with local legal aid groups to start a pro bono initiative in D.C. We hear they’ll be handing out gift cards as a show of appreciation to those who sign up. [Capital Business / Washington Post]

* Sumner Redstone recently donated $18M to BU Law. Will his successor be as charitable? From Columbia Law to Shearman & Sterling to media mogul: meet Philippe Dauman, CEO of Viacom. [New York Times]

* “The employment statistics really are the collective impact of individual choices.” And one of them was attending law school anyway, despite all of the negative media attention they’ve received. [Cincinnati Enquirer]

* Remember the Harvard Law student who ran for Student Government President and pledged to resign after rewriting the organization’s constitution? Well, he graduated, but at least he got a draft in. [Harvard Crimson]

The iPhone 5 in all its glory.

OMGGGG the new iPhone 5 was announced this morning! It’s the lightest, thinnest, bestest, fastest iPhone ever. It’s got a bigger screen, it fights crime, and it even picks up after your dog! Woooooo, Steve Jobs, you will never die in our hearts and minds and souls. <3333

OK, now that that’s out of the way, why do all you lawyers give a damn?

The intellectual property arms race, that’s why. As a Google VP mentioned in an interview earlier this week, Steve Jobs had warned us years ago about the possibility of thermonuclear IP war. Well, with the release of the new iPhone coming hot off the heels of Apple’s billion-dollar victory against Samsung, the bombs may be falling.

Or, in the words of Willem Dafoe, “There was a fire patent fight!”

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David Lawee

We actually didn’t invest in the patent ecosystem. We weren’t patenting stuff as aggressively as we should have been. We didn’t really believe “rounded corners” were patentable. We just didn’t buy into that notion of protecting your IP, and it was a wake-up call.

Google Vice President for Corporate Development David Lawee, discussing the effects of the Apple v. Samsung case on Bloomberg TV.

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