Intellectual Property

  • Hilary Bricken

    Marijuana, Patents

    The Possibility Of Marijuana Plant Patents

    Patents may soon be joining state-law trademarks, copyrights, and trade secrets, as an effective way to protect cannabis intellectual property.

    / Jul 6, 2015 at 4:20 PM
  • Telephone wires

    Intellectual Property, Privacy

    Do Not Call Keeps Ringing

    The Telephone Consumer Protection Act (TCPA) prohibits the initiation of “any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior consent of the called party.”

    / Jun 26, 2015 at 1:00 PM
  • US china flags

    China, Intellectual Property

    8 Tips For China Licensing Agreements

    With this knowledge at the ready up your sleeve, your clients will be in a much better situation when attempting to license their IP rights to Chinese companies.

    / Jun 22, 2015 at 4:45 PM
  • Technology in the hands

    Litigators, Patents, Small Law Firms

    Beyond Biglaw: Picking A Side In The Patent Wars

    Patent litigators: no matter whom you represent or what you are doing on that client’s behalf, expect vocal criticism of your actions from some quarter.

    13 Comments / / Jun 16, 2015 at 10:01 AM
  • e-filing efiling electronic filing

    Litigators, Small Law Firms, Technology

    Beyond Biglaw: The End of Paper Filing in the S.D.N.Y.

    Change is constant, as columnist Gaston Kroub notes: starting yesterday, filing civil cases in the S.D.N.Y. will be done electronically in the vast majority of cases.

    5 Comments / / Jun 9, 2015 at 11:48 AM
  • via Flickr user jeffreyw

    Non-Sequiturs

    Non-Sequiturs: 06.05.15

    * Cue the Subway song: 130 Million. 130 Million Dollar. 130 Million Dollar Sandwich! [Law360]

    * Lawyers who denigrate jury duty become inmates who denigrate jury duty. [Las Vegas Review-Journal]

    * Vox gets into the business of opining on law school. It takes a decidedly more enlightened approach than Slate. [Vox]

    * After arresting a guy for crack possession and figuring out it was really “cracker crumbs,” the cops charged the guy with obstruction because admitting you’re wrong is so passé. Thankfully the cooler heads of the judicial system prevailed and the guy is getting a $35,000 settlement for his troubles. Did he have Wheat Thins? Because I’m pretty sure those are crack. [NJ.com]

    * Oil heir Al Hill III, whom we’ve previously described as, “by most accounts, the epitome of the spoiled rich kid you desperately want to punch,” owes his lawyers some money. Like $40.9 million worth. [Texas Lawyer]

    * Crowdsourcing: Is this racist? Personally, I think no if specifically intended as a parody, but we’ll see. [What About Clients?]

    * On Tuesday, June 23, David and Seventh Circuit Judge John Tinder will be discussing “Judging, Clerking, Ethics, and Ambition” in the context of Supreme Ambitions (affiliate link) at the Conrad Indianapolis at 50 West Washington. So, you know, swipe right if you’re excited about seeing Judge Tinder. Full details at the link.
    [Federalist Society]

    8 Comments / / Jun 5, 2015 at 5:01 PM
  • Josh Seiter (Photo by The Bachelorette/ABC)

    Morning Docket

    Morning Docket: 05.20.15

    * Thus far, five law schools — Hawaii, Iowa, St. John’s, Drake, and Buffalo — have decided to drop the LSAT for top-performing applicants, and it’s no surprise that all five law schools have watched their enrollment numbers take traumatic tumbles. [Bloomberg Business]

    * “[E]veryone calls colleagues for advice, particularly when we get gnarly jury notes.” As it turns out, judges in the Southern District of New York are big proponents of the “phone a friend” lifeline for their trickier cases. FYI, those friends are never law profs. [New York Times]

    * Well, that was incredibly quick! Josh Seiter, the 2013 graduate of Chicago-Kent Law who’s built a successful career stripping, working as an escort, and appearing on reality TV shows, didn’t even make it past the first rose ceremony on The Bachelorette. [Heavy]

    * Without WARNing? Butler & Hosch, one of the largest foreclosure firm’s in the country, decided to abruptly close up shop, leaving hundreds of attorneys and staff members of out work. Sources have told us that the firm was unable to make payroll. [Orlando Sentinel]

    * Sorry, boutiques, but according to Lexis/Nexis CounselLink’s Enterprise Legal Management Trends report, the biggest of all Biglaw firms are controlling the market when it comes to performing specialized IP litigation work. [DealBook / New York Times]

    * As we mentioned previously, Sam Kamin of Denver Law is the first professor to hold a pot law professorship. Here’s an interesting Q&A with the law firm partner who came up with the idea. See Prof. Kamin at our marijuana law event in June. [National Law Journal]

    33 Comments / / May 20, 2015 at 9:02 AM
  • Hans Solo Face

    Movies

    Why Is The Best Version Of Star Wars Illegal?

    This is why you can’t (legally) watch the best version of Star Wars.

    38 Comments / / May 14, 2015 at 4:51 PM
  • US china flags

    China, Intellectual Property

    Giving Your IP To China

    Countless American companies give away all rights to their designs in return for saving money on product development and an appropriate Product Development Agreement. Chinese manufacturers are all too happy to oblige.

    / May 4, 2015 at 10:07 AM
  • Katy Perry

    Morning Docket

    Morning Docket: 04.24.15

    * The Girl Scouts of Suffolk County are teaming up with Touro Law to create a justice patch so young women can learn about the law and legal careers. If only the law school would help its grads earn the jobs patch! [National Law Journal]

    * After going through the fuss of having Greenberg Traurig send out a cease and desist letter to a designer who created a 3D printed figurine of Left Shark after the Super Bowl, Katy Perry’s trademark application for cartoonish sea creature has been denied. [SPIN]

    * Douglas Boggs, son of the late Thomas Boggs, Jr., is planning to ditch Squire Patton Boggs for Manatt Phelps & Phillips as soon as next week. Poor SPB, because now the firm isn’t going to have a single Boggs left to speak of. [Big Law Business / Bloomberg BNA]

    * ” This is a country that has made great progress, but there is still more to do.” Now that Loretta Lynch has finally been confirmed as our next attorney general, it’s time to step back and take a look at Eric Holder’s historic legacy in the position. [MSNBC]

    * The Orrick partner who defeated Ellen Pao’s gender discrimination case against Kleiner Perkins has now been hired to fend off another gender-bias suit filed against Twitter. Imagine what it’s like to be the go-to lawyer for Silicon Valley tech bros. [WSJ Law Blog]

    18 Comments / / Apr 24, 2015 at 9:05 AM
  • Oliver

    Patents

    John Oliver Utterly Destroys Patent Trolls

    Hilarious and biting takedown.

    33 Comments / / Apr 20, 2015 at 12:46 PM
  • Lake Whillans

    Intellectual Property, Litigation Finance

    This Entrepreneur Nearly Lost His Company. Here’s How Litigation Finance Helped Him Fight Back

    As much as the landscape for biotechnology startups has changed over the last decade, one thing that hasn’t changed is this: Intellectual property is the beating heart of a business.

    / Mar 26, 2015 at 3:13 PM
  • These chocolates come with a search warrant.

    Morning Docket

    Morning Docket: 03.16.15

    * Last week in court, a murder suspect in Louisiana apparently pooped his pants during a case status hearing, wiped said poop all over his face, and muttered to himself that “life is like a box of chocolates.” Sorry about that crappy candy, dude. [New Orleans Advocate]

    * According to early Am Law 100 data, New York’s most elite and prestigious firms have once again broken away from the rest of the pack when it comes to both revenue and partner profits. Biglaw’s best may be back to models and bottles. [Am Law Daily]

    * Michelle Lee, the first woman to ever serve as director of the USPTO, was sworn in on stage at SXSW Interactive. Michelle Lee, who worked with the Girl Scouts to issue a patent patch (instead of more makeup and sewing patches), is pretty damn awesome. [Mashable]

    * The federal judiciary has plans to decrease the word limit of appellate briefs from 14,000 to 12,500, and lawyers are pissed. Lawyers from Brown Rudnick say it could result in more acronyms, confusing construction, and less “punctilious citation,” oh my! [WSJ Law Blog]

    * Lee Smolen, the ex-Sidley Austin partner who faked $69,000 in travel expenses while at the firm (and possibly $379K more), has been suspended from practice for one year and will have to undergo psychiatric treatment. [Legal Profession Blog via ABA Journal]

    * Taking New York’s lead, California is considering requiring all would-be attorneys in the state to complete 50 hours of pro bono work within one year of being admitted. Leave it to people who don’t know what they’re doing yet to close the justice gap. [Los Angeles Times]

    29 Comments / / Mar 16, 2015 at 9:02 AM
  • Hilary Bricken

    Intellectual Property, Marijuana, Trademarks

    Dude, Where’s My Marijuana Trademark?

    Great companies have great brands, and this is true for great cannabis businesses, too.

    / Mar 9, 2015 at 4:20 PM
  • Amal Clooney

    Morning Docket

    Morning Docket: 03.09.15

    * Amal Clooney, the attorney who tamed George Clooney’s heart and is now considered one of the most famous human rights lawyers in the world, will be teaching at a New York law school this spring. Which one? We’ll have more on this fun news later today. [USA Today]

    * Talk about a Hail Mary play: The ACLU has decided to come to the defense of a very unlikely cause. Per a recently filed federal brief, the organization thinks that the USPTO’s cancellation of the Redskins trademark was unconstitutional. [WSJ Law Blog]

    * According to a new BARBRI study, the vast majority of third-year law students think they’re ready to go when it comes to practicing law, but the lawyers who have had the (dis)pleasure to work with new graduates don’t seem to agree. [National Law Journal]

    * “Those kinds of jobs are never going to be enough to absorb the number of people graduating from law school over the next five or 10 years.” Northeastern’s dean laughs in Biglaw’s face — his grads measure their success in other ways. [Boston Business Journal]

    * Ellen Pao’s “racy” gender discrimination lawsuit against Kleiner Perkins serves as a harsh criticism of the sexist culture of Silicon Valley. Luckily, jury members will be able to busy themselves with the case’s more lurid details. [The Upshot / New York Times]

    * Kyle McEntee of Law School Transparency is working on a new podcast that will help prospective law students to see what working in the legal profession is really like. “I Am The Law” debuted in January 2015, and it’s worth a listen. [U.S. News & World Report]

    5 Comments / / Mar 9, 2015 at 8:52 AM
  • 640px-MotherTeresa_094

    Intellectual Property, Technology

    Connecticut Town Takes Down Painting Including Image Of Mother Teresa Over Bogus Copyright Claim

    This is the kind of behavior that gives intellectual property laws a bad rap.

    9 Comments / / Mar 6, 2015 at 10:13 AM
  • A happy Hamline Law grad?

    Morning Docket

    Morning Docket: 03.02.15

    * Unfortunately, it seems that if you want to get an elite legal education in this country, you’re going to have to pay an arm and a leg for it. This year’s NLJ Top 10 Go-To Law Schools each have a sticker price that’s greater than $50K. [National Law Journal]

    * Hamline University’s president thinks it was smarter for her law school to merge with William Mitchell Law than for it to close altogether — hey, it’ll still bear the Hamline name and its dying carcass won’t be on her books anymore! [Star Tribune]

    * Later this week, SCOTUS will hear oral arguments in King v. Burwell, a case that could decimate the Affordable Care Act as we know it. At this point, the justices must be contemplating how many people will lose if the plaintiffs here win. [Wall Street Journal]

    * An ADA from the Brooklyn DA’s office who prosecuted drug cases was canned after his colleagues learned that he failed to report his personal connection to an admitted cocaine dealer. Perhaps they were jealous he refused to share his hookup. [New York Daily News]

    * In case you missed it, Above the Law, your favorite legal website, has been “rankle[d]” by a new series on CNNMoney called “Above the Law.” We know you’re as ticked off about this as we are, so we hope you’ll help us write our cease-and-desist letter. [Am Law Daily]

    37 Comments / / Mar 2, 2015 at 9:03 AM
  • TexasFlag