Intellectual Property

The ATL Interrogatories: 10 Questions with Theodore Boutrous of Gibson Dunn & Crutcher

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Ed. note: This is the second installment of The ATL Interrogatories, brought to you by Lateral Link. This recurring feature will give a notable law firm partner an opportunity to share insights and experiences about the legal profession and careers in law, as well as about their firms and themselves.

Theodore Boutrous, Jr. is co-chair of Gibson Dunn‘s appellate and constitutional law groups. He is also a member of the firm’s executive and management committees.

1. What is the greatest challenge to the legal industry over the next five years?

For law firms to maintain strong, lasting bonds with clients and distinctive brands and cultures rather than transforming into large, largely fungible, faceless, bottom-line business enterprises.

2. What has been the biggest positive change to the legal profession since the start of your career?

Technology has revolutionized the legal profession, enhancing productivity, and improving the quality of work, life and client-service capabilities.

3. What has been the biggest negative change to the legal profession since the start of your career?

The demise of law libraries as special sanctuaries for thinking and contemplating and generating ideas.

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Today at the Supreme Court: Mistakes Were Made

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The facts in today’s Supreme Court opinions read like a bloopers reel of our courts system. What do we do when judges are wrong on the law in a criminal case? What if a plaintiff decides, after losing, that he filed in a state court when the state court didn’t have jurisdiction? What if a lawyer doesn’t tell his client that by pleading guilty he’s going to be deported?

As Yakov Smirnoff would say, “What a country!”

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Non-Sequiturs: 02.19.13

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* A new lawsuit asks, “Who owns Sherlock Holmes?” That sounds like a mystery suitable for… ugh, I can’t bring myself to finish that gag. [Courthouse News Service]

* The well-oiled train wreck that is the NCAA finds itself in hot water for ignoring legal advice and going after Miami using privileged information. Lawyers are often maligned by non-lawyers, so let’s enjoy this article from a sports columnist explaining why lawyers can be awesome. [EDSBS]

* There’s a new iTunes app to keep track of your hours! I’m assuming it has a Biglaw feature to pad hours. [Herald Online]

* A trilogy of articles about California’s prison “realignment,” described as “The Best Trilogy Since Star Wars.” I’m certainly hoping this isn’t a reference to Episodes I-III. [PrawfsBlawg]

* The previously discussed proposal to allow Arizonans to bypass law school and take the bar exam has been cut down. It was always ironic that the state most wrapped up in “they took our jobs!” rhetoric wanted to open the legal profession to everyone. [Verde Independent]

* The third in an ongoing series of posts covering the trial of DC superhero Firestorm. Too bad he doesn’t have that split personality defense to fall back on. For the three of you who got that joke, you’re welcome. [Law and the Multiverse]

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New Birthday Song To Make You Even More Depressed To Get Older

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‘Read me some Camus to cheer me up.’ — Hayley Franklin, 3, after hearing new birthday song.

Ever notice that movies and TV shows go out of their way never to sing “Happy Birthday To You” on-screen? Well that’s because Time Warner owns the copyright and rides that cash cow to the tune (hah!) of $2 million every year. Every unauthorized rendition of the song is technically worth $700 in royalties payable to Time Warner.

Time Warner’s zealous enforcement has even raised concerns that YouTube may have to take down videos of kiddie parties singing the song.

How can we break Time Warner’s stranglehold over our annual celebration of our own impending mortality? A New Jersey radio station (WFMU) decided to write a new song to replace “Happy Birthday To You” and brought in Harvard professor Larry Lessig to judge the competition.

A video of the new song that you’ll come to love appears after the jump. And by love I mean, “listen to, laugh, and hope to purge from your memory”….

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Monsanto Tells Supreme Court The True Value Of A Hill Of Beans

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When Rick told Ilsa that the problems of three little people don’t amount to a hill of beans in this crazy world, he was right, because a hill of beans is worth a whole hell of a lot thanks to Monsanto.

Today, the Supreme Court will hear argument in Bowman v. Monsanto Co., an appeal from the Federal Circuit regarding the extent of Monsanto’s rights in patented, genetically modified soybean seeds. In addition to the obvious stakes for the agricultural sector, the decision could impact the entire biotechnology industry, as well as computer software and nanotechnology. I mean, I want to know who holds the patent when the grey goo overruns the planet!

So, who are the players and why do they care?

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Instead Of Buying Your Engagement Ring At Costco, Why Don’t You Just Give Her A Lump Of Coal And Tell Her To Sit On It?

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If you think you can buy this at Costco, your brain probably fits in this box.

If you walk into a Costco, buy a diamond ring, and think you are getting a “Tiffany” ring, you are an idiot and I have no sympathy for you. You deserve what you get and should probably practice breathing through your nose before going out in polite company.

But, luckily, Tiffany wants to stop you from being so easily fooled. Not because they care about you, per se. But because the thought that even one person thinks that Tiffany is selling rings through Costco is horrifying to them. It’s like asking a Penn student if they make it to football games in Happy Valley.

As we mentioned in Morning Docket, Tiffany filed a lawsuit against Costco to protect their brand….

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President Obama Admits That Patent Trolls Just Try To ‘Extort’ Money; Reform Needed

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Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.

As we noted yesterday, President Obama is holding a “Fireside Hangout” via Google Plus today. In a bit of a surprise turn, he took a question about patents and patent reforms, with a specific question about software patents. And, his response was surprising. He admitted that there was a problem, and that there were some companies who were clearly not doing anything other than trying to “extort” money from others. Furthermore, while he pointed to the patent reform bill that passed in 2011, he also admitted that it really only went “halfway” towards reforming the patent system as far as it needed to go. If you click on the video, this takes place around 43:30 in the video….

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Chubby Checker Sues Computer Companies For Putting A Chubby In Your Palm

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To clarify, this picture is an album, not a handjob joke.

Yesterday, musician Chubby Checker, née Ernest Evans (the man loves his alliteration), filed a $500 million lawsuit against Hewlett-Packard and Palm over a Palm Pilot app that was downloaded a mere 84 times.

Why?

Because the Palm Pilot app store apparently sported an application known as the “Chubby Checker” that allowed inquiring minds the ability to figure out penis sizes based on shoe size.

This case shocked me: did you know Palm still had assets?

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Morning Docket: 02.15.13

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* What to do when your federal agency’s website has been hacked by Anonymous and you’re unable to post a major report online for public dissemination? Well, just ask a law professor to do it for you on his blog; that’s not embarrassing, not at all. [WSJ Law Blog]

* The many victims of the Deepwater Horizon disaster can now rejoice, because yesterday, Transocean pleaded guilty to violating the Clean Water Act, and will pay the second-largest environmental fine in United States history to the tune of $400 million. [CNN]

* Money takes flight: eleventy billion Biglaw firms are behind the beast that is this awful airline merger, but taking the lead are lawyers from Weil Gotshal for AMR and Latham & Watkins for US Airways. [Am Law Daily]

* After questioning the validity of one of the NBA players union’s contracts, Paul Weiss is withholding details about it thanks to the government’s intrusion. Way to block nepotism’s alleged slam dunk. [New York Times]

* “When is the last time you took the biggest financial institutions on Wall Street to trial?” Elizabeth Warren took the Socratic method to the Senate Banking Committee and she was applauded for it. [National Law Journal]

* If you liked it, then perhaps you should’ve put a ring on it, but not a Tiffany’s diamond engagement ring that you’ve purchased from Costco, because according to this trademark lawsuit, it may be a knockoff. [Bloomberg]

* “We feel very badly for Megan Thode.” A Pennsylvania judge ruled against the Lehigh student who sued over her grade of C+ because let’s be serious, did ANYONE AT ALL really think he wouldn’t do that?! [Morning Call]

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Non-Sequiturs: 02.14.13

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* Sadly, Ronald Dworkin has died at 81. [The Faculty Lounge]

* Oracle really really hopes the Federal Circuit has read Harry Potter. But of course they have, because… nerds. [Groklaw]

* A 16-year-old is suing her parents to keep her unborn baby, claiming her parents are forcing her to have an abortion. I’m sure she’s just hoping to get on the next season of Teen Mom. [KPLR 11]

* Snake-handling pastor has his snakes confiscated by Tennessee cops. I had to read this twice because I assumed it was a recap from last night’s Justified. [WSJ Law Blog]

* An interesting look at the false dichotomy between teaching and practice. It’s probably unfair, but all I kept thinking was, “those that can, do; those that can’t…” [PrawfsBlawg]

* Jeff Kurzon is taking a break from suing law schools to run for Congress. If elected, Staci expects an invitation to the next State of the Union. [Jeff Kurzon Blog]

* Overlawyered cites, presumably with disdain, a school district banning the use of a piece of playground equipment. I’m sympathetic to the school for two reasons: (1) when I was a kid, I broke my arm on a piece of playground equipment; and (2) take a look at the death trap of a machine they’re banning. [Overlawyered]

* TestMasters claims that individual posters have been sharing their materials for free. This case sounds an awful lot like what brought down Litchfield Law School. [Courthouse News Service]

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