IP

As the Apple v. Samsung trial continues speeding along at the speed of, well, a first generation iPhone with low battery, we finally had some real developments in court yesterday, breaking up the recent monotony of expert witnesses and attorney v. attorney quibbling.

Apple rested its case, and Samsung managed to score a minor victory by getting a few of its phones dropped from the case. Seeing as there are more than a dozen phones at issue, it’s definitely a minor victory, but it’s better than nothing — especially since Samsung’s Quinn Emmanuel lawyers haven’t exactly been the popular kids in court so far…

double red triangle arrows Continue reading “Apple Rests Its Case, Samsung Claims Small Victory, and Judge Koh Continues Awesomely Busting Heads”

So, the Apple v. Samsung trial is on break for one more day, but that doesn’t mean the digital drama is fading. The trial has become ubiquitous in the news. We’ve got a clip from Conan O’Brien mocking opining on the proceedings… or more specifically, Samsung. And we’ve got word that another Quinn Emanuel partner is in the hot seat.

UPDATE (5:09 PM): We have added Quinn Emanuel’s official response to the newest controversy at the end of this post. It’s a doozy.

In the meantime, one news outlet is heralding the case as the trial of the century, while another says the outcome is irrelevant anyway. So let’s take a step back and think about what it all means…

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As some of you may have noticed, I spent yesterday in the San Jose Federal Courthouse, watching (and furiously tweeting) the Apple v. Samsung trial. The trial is on recess today, and I’m back in my blogger cage bedroom office. I’ve got a rundown of all the excitement, awkwardness and humiliation that can only happen in a highly publicized celebrity murder, err, patent trial.

Click through to see what’s shaking as the trial progresses….

double red triangle arrows Continue reading “Above the Law Goes to Trial — Dispatch from Apple v. Samsung”

Last time we checked in at the Apple v. Samsung intellectual property trial, John Quinn was responding to heat from Judge Lucy Koh over allegations that he had authorized a press release with information that had been deemed inadmissible.

The case continued on Friday, and it has started back up again today as well. So, how did Judge Koh react to Quinn’s justification of his decision? And what dirt have the two tech giants continued slinging at each other? Well, let’s see….

double red triangle arrows Continue reading “The Apple v. Samsung Trial Continues, And John Quinn Keeps Taking Shots”

Man, I really wish I could sit in the gallery at the Apple v. Samsung trial over the next few weeks. It’s a war zone down in San Jose. In court yesterday, Judge Lucy Koh became “livid” when she found out about a Samsung statement describing evidence that had been ruled inadmissible by the court. She demanded to know John Quinn’s involvement in the statement (Quinn Emanuel represents Samsung), and then she threatened to sanction him. Whoa.

Quinn was ordered to explain himself, and we’ve got the declaration he filed this morning. It’s a doozy, and predictably, the master litigator does not take kindly to, in his words, “media reports… falsely impugning me personally”…

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Maybe they should just change the name of Silicon Valley to Valley of the Lawsuits. Tech companies love to sue each other. Today, the media has been abuzz about the start of the long-awaited IP trial between Apple and Samsung. Apple has accused Samsung (and other companies in other cases) of ripping off its iPhone and iPad designs. Jury selection began this morning in San Jose, and opening statements are expected before the end of the day.

Apple knows it’s good to be king, but the company also knows you’ve got to fight to defend your castle. All the other tech companies won’t let you sit on your throne without a fight…

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I work in a highly competitive sales market. Underhanded deeds, though never perpetrated by my clients, are de rigeur in this field. There seems to be an ethical handbook for sales folks that has a theme of “ethics smethics –- close the deal at all costs.”

At quarter-end, or worse, year-end, this mantra can infect an attorney’s most rigid values. It is at these times when we must be on guard against the pressure to close. The pot at the end of the rainbow will look rather less shiny when tarnished by an ethics violation. None of this is news to most in-house folks.

With an economy on a slow crawl back to health, and internal pressures from all sides to cut costs and maximize revenue, shenanigans from sales people are rife in war story lore. But what of bad behavior by customers? I can tell you that after my years in-house, when I thought I’d already seen it all in private practice, I was quite wrong….

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Danzig here. Over the last few days, I have tried to stay out of the Trayvon Martin story. Martin, an unarmed 17-year-old black teenager, was shot and killed by one George Zimmerman. Whether or not Martin’s death was a murder or a justifiable homicide has been a matter of some debate.

The shooting has picked up national attention, and it’s shedding yet another ugly spotlight on race relations in America. I’m on the same page as Elie regarding most of his frustration. But earlier this week we learned that the slain teen’s mother had filed a trademark application for “I am Trayvon” and “Justice for Trayvon.”

Elie thinks, in a nutshell, that this is a good and proper strategy to preserve Trayvon’s memory and prevent random people from profiting off of his death. But I have to disagree. I think his family members are wasting their time and energy.

Keep reading for details on the trademark applications. Grab a Coke and a bag of chips, and watch the two of us digitally duke it out in today’s ATL debate….

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Last week, we discussed the end of the legal recession, and we made some predictions about 2012. Many of you were interested in more information on your specific market, so today, we’re launching a new Career Center series: “State of the Market.”

Over the coming weeks, we will discuss hiring prospects in major legal markets based on analysis by Lateral Link‘s recruiting team.

We start with our nation’s capitol, Washington, D.C….

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It doesn’t take much to get people riled up about peer-to-peer file sharing and everything that goes along with it. Who is the RIAA is suing or not suing? Which Oscar-winning director thinks illegal downloading is maybe kind of OK after all? The list goes on and on.

Often file-sharing doesn’t much concern us here at Above the Law, but sometimes the P2P attorneys themselves become important and/or easily despicable characters within the always-hot topic. A few months ago, I wrote about an attorney named John Steele. A court found his methods of going after P2P porn downloaders to be unsound.

Last week, two more British attorneys were fined almost £200,000 and suspended from practicing law for their unacceptable Internet pirate-baiting schemes.

Let’s see who these guys are and what they did….

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