Intellectual Property

Change is in the air! And it’s not just pollen. On the heels of an explosion of popular interest in (and subsequent boredom with) intellectual property, stemming from the Apple v. Samsung case, as well as new IP regulatory changes, the time is right to take IP reform to the streets! Let’s burn this mother down… or crowd-source it, at least.

A new partnership between the U.S. Patent Office, Google, and popular tech website Stack Exchange, will recruit average Americans to help end the patent wars. Take that, rounded corners!

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An ethical duty?

* Are you ready for some Supreme gossip? In remarks delivered at Colorado Law, Supreme Court Justice Ruth Bader Ginsburg predicted that the Defense of Marriage Act would be argued “toward the end of the current term.” [CBS News]

* Dewey’s version of trying to curry favor for the proposed $72M partner settlement? Filing a deposition transcript noting that others could’ve also been blamed for D&L’s downfall, but weren’t due to time constraints. Gee, thanks. [Am Law Daily]

* Novak Druce + Quigg and Connolly Bove Lodge & Hutz will merge to form Novak Druce Connolly Bove & Quigg, the 7th largest IP firm in the U.S. Guess seven name partners was a bit much. [Delaware Law Weekly]

* Michael McShane was nominated by President Obama to fill a judgeship in Oregon. If confirmed, he’d be one of the few openly gay judges on the federal bench, which, of course, would be fabulous. [Oregonian]

* The Institute for Inclusion in the Legal Profession wants the ABA to amend the Model Rules of Professional Conduct to include a duty to promote diversity. Because we clearly need a rule on that. [National Law Journal]

* Cindy Garcia, an actress from “Innocence of Muslims,” is suing, claiming that she was duped into the role under false pretenses. She wants the film removed from YouTube. Everyone else does, too, lady. [Bloomberg]

* A judge refused to issue an injunction against the California ban on foie gras, instead allowing a suit on the same topic to move forward. Oh mon dieu, judge, think of all the poor Francophiles! [San Francisco Chronicle]

* Joshua Morse III, former dean of Mississippi Law who defied segregation, RIP. [New York Times]

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.

Down in Charlotte, at the quadrennial “We Hate America” (spelled “Amercia”) Convention, the Communist Pander-Bears have released a 70-page Party Platform replete with dozens of references to specific pieces of legislation that no one necessarily understands to remind us of the scores of bills that the Democrats have failed to pass since 2008.

The Democrats don’t provide nearly as many bold changes to the legal structure of the country as the Republicans. But there are a few legal planks worth reviewing, though tragically little on the subject of porn. How dare they not respond to the strongest plank of the Republican platform?

double red triangle arrows Continue reading “Pol Dancing: Democratic Platform Tragically Light On Porn Policy”

After more than a year of litigation, fellow fashionistas can finally rejoice, because thanks to the Second Circuit, French fashion house Christian Louboutin is officially entitled to trademark protection for its signature red-soled shoes. It seems that the epic judicial shoedown against Yves Saint Laurent is at its end.

But not so fast, ladies. Before you shake your Loubooties on the catwalk at Fashion Week, you may be interested to know that this was only a partial victory for everyone’s favorite luxury shoemaker.

The Second Circuit made a rather important distinction in its opinion today — one that seems a bit antithetical to Louboutin’s desires, considering the fact that it’s what prompted the underlying lawsuit in the first place….

double red triangle arrows Continue reading “Christian Louboutin No Longer Seeing Red After This Second Circuit Trademark Ruling”

Oh my god, he’s got a gun!

* Interim SLU Law Dean Tom Keefe said he’s nobody’s “butt boy.” Will that change if Father Lawrence Biondi succeeds in eliminating tenure? Your move, Keefe. [St. Louis Post-Dispatch]

* Defending one’s right to carry an AK-47 around a park is kind of like defending your right to drink milkshakes and eat waffle fries until your heart explodes. There’s no f**king point, other than really wanting to show you can. Except that milkshakes are delicious. Guns, not so much. [FindLaw]

* A penny saved is a penny earned grounds for a huge lawsuit. [Daily Business Review]

* Japan said Samsung didn’t infringe on Apple’s patents. Woooo. Three different Apple v. Samsung cases down, 10 million more countries to go. [Ars Technica]

* The TSA should seriously come out and say they just want to see us naked. Then at least we’d all be on the same page. [Threat Level / Wired]

* Ms. Spanjer, yeeeah, we’re sorry but you’re going to have to change your son’s name. As you’re probably aware, he’s deaf. I know, so sad. He’s a wonderful child, but when he signs his name, it looks like a gun. And, obviously, we have no tolerance for violence at this pre-school. [Jonathan Turley]

Last year, we published a music video from a group of recent American University – Washington College of Law graduates rapping about when happens when — god forbid — you fail the MPRE. Well, the guys are at it again with a new, incredibly “informative” song about the patent system in America.

They’ve stepped up the production value, they have a celebrity cameo from the Director of the United States Patent and Trademark Office, and it all fits nicely into a rap song, you guessed it, about patenting sex. So yeah, click through for some serious flow….

double red triangle arrows Continue reading “These Lawyers ‘Patented Sex’ and It’s Pretty Damn Funny”

After months of living under house arrest and frozen assets, Megaupload leader Kim Dotcom has finally won a multimillion dollar victory in New Zealand court — one that will unfreeze some of his money and allow him to sell off some of his luxury cars so he can pay his attorneys.

Not a glamorous win, by any means, but it is what it is.

The Justice Department’s prosecution has been riddled with problems almost from the case’s beginning, back in January. This is another setback in their attempts to curb file-sharing.

So how much of his money will Dotcom now be able to fork right over to his lawyers? And which cars can he sell?

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On Friday afternoon, after just under three days of deliberation, the Apple v. Samsung jury came back with a tidy little verdict awarding just over $1 billion to Apple. Meanwhile, Samsung got nothing on its counterclaims.

It was a big win for Apple, and it came surprisingly quickly. As Elie pointed out, it would take many smart people more than three days to even understand all the the terms within the 109 pages of jury instructions. Aside from the jury itself, it seemed no one was ready for the verdict. One attorney for Apple even showed up in a polo shirt.

Let’s have a post-mortem run through of the case (and a quick-and-dirty look at the massive attorneys’ fees incurred by both sides)….

double red triangle arrows Continue reading “Apple v. Samsung: Where Do We Go Now?”

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