Patent Trolls

  • 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
  • 800px-AIG_wordmark.svg


    Non-Sequiturs: 06.15.15

    * Hank Greenberg won his lawsuit against the government for illegally seizing insurance giant A.I.G. as part of a bailout. But the court awarded no damages, finding that shareholders weren’t harmed by the takeover. So, to translate this, the court basically said to Greenberg, “You were so bad at running your business that a cabal of bureaucrats acting illegally did better for shareholders than you.” That’s… gotta sting. [New York Times]

    * Lost in the excitement of today’s Baker Botts decision was the Supreme Court declining to save North Carolina’s struck-down abortion law that would have required doctors to bend over backwards to dissuade women from getting an abortion. Over the dissent of Justice Scalia, the Court killed the law without giving it a chance. [Jezebel]

    * If you’re going to Richmond, California, make sure you’ve left your Ultimate Nullifier at home. [Lowering the Bar]

    * Something finally goes wrong for wealthy people moving into Brooklyn. SPOILER: it’s other wealthy people moving into Brooklyn. [Brownstoner]

    * Justice Ginsburg tells the crowd at the annual ACS Convention that Natalie Portman held up the upcoming RBG biopic, On the Basis of Sex, demanding that the film have a female director. Men’s rights activists can take heart that a man will be directing the inevitable porn version. [The Week]

    * Alan Dershowitz worries that the Zivotofsky decision gives the White House too much power over foreign policy as opposed to some myopic former water commissioner awash in lobbyist money from AIPAC and apocalyptic-minded Evangelicals Congress. [The Blaze]

    * Do you hate patent trolls? Good. Consider supporting this feature comedy film trolling patent trolls. [Indiegogo]

    * If you’re in D.C. Thursday morning, come hear our own David Lat discuss the future of the Roberts Court with some other people who are nowhere near as important. Like congresspeople and former federal judges and such. [Politico]

    32 Comments / / Jun 15, 2015 at 5:31 PM
  • 640px-President_Barack_Obama-300x374


    Non-Sequiturs: 06.11.15

    * More whining about President Obama opining on Supreme Court cases while the justices “deliberate” — as though anyone’s opinion is up in the air. Apparently presidents have rarely done this. Fun fact: cynical lawyers have rarely gotten to the Supreme Court to attack a president’s landmark legislation on a tortured textual reading, but here we are. [The Volokh Conspiracy / Washington Post]

    * It’s like the Hangover. Except in prison. With more drugs. [Legal Juice]

    * Hey, remember when Jeb Bush got behind a law that required rape victims to publish their sexual histories in the newspaper until the law was shot down by the courts two years later? Good times. [Salon]

    * The Right proclaims Jeb Bush really doesn’t believe in publicly shaming women for having sex. Hm. See item 3 supra. [Legal Insurrection]

    * Wow. The Senate actually passed something. It’s a resolution hailing the 13th, 14th, and 15th Amendments. Is it a sign of my cynicism that I’m shocked even that got approved? [Constitutional Accountability Center]

    * Why the rationale of Roe doesn’t really matter. [Lawyers, Guns & Money]

    * Fourth Circuit panel snipes at each other over whether to call out overzealous prosecutors. It got so bad they actually sealed the opinion. [Maryland Appellate Blog]

    * Derek Khanna has a new report on patent reform written with Lincoln Labs. The fundamental premise: patents are not encouraging innovation any more. [Lincoln Labs]

    * Watchdog is reporting that Kroll Associates conveniently overlooked dozens of terrible LSAT scores in its report on University of Texas admission standards. It bears repeating: just how dumb must Abigail Fisher be to not get into this school? [Watchdog]

    * A short memoir about suing The Grateful Dead. [The Faculty Lounge]

    14 Comments / / Jun 11, 2015 at 5:29 PM
  • No one likes a lazy welfare zombie.

    Money, Technology Getting High, Battling Trolls, And Killing Zombies — Legally

    Is “legal innovation” an oxymoron? Absolutely not, as some new crowdfunding projects demonstrate.

    7 Comments / / Jun 3, 2015 at 2:58 PM
  • Lance Armstrong in happier days. Will he be this victorious in litigation disputes? (Photo by Robert Laberge/Getty Images)

    Morning Docket

    Morning Docket 05.15.15

    * Lance Armstrong is feuding, again, with former teammate Floyd Landis — this time over discovery [National Law Journal]

    * Remember July 2014 when we all learned that ExamSoft — the bar examination software — totally crapped out on test takers? Yeah, they just reached a $2.1 million settlement.  #NeverForgetBarghazi [Law360]

    * Rejoice haters of measles and other preventable diseases! California is moving to end “personal belief exemptions” for mandatory vaccines. [NPR]

    * In oral arguments for an appeal of the conviction of Jesse Litvak, a bond trader convicted of securities fraud involving government bailout funds, the Second Circuit was skeptical over the fairness of the trial. [New York Law Journal]

    * The FDA finally arrives in the year 2015; plans to ease restrictions on gay blood donors. [Jurist]

    *  Senate Judiciary Committee recommends prosecutor Robert Capers the next U.S. Attorney for the Eastern District of New York, filling Attorney General Loretta Lynch’s vacancy. [Wall Street Journal]

    * An analysis of who the winners will be under Google’s new plan to buy up patents before the trolls. [JD Supra]

    30 Comments / / May 15, 2015 at 8:54 AM
  • troll RF

    Benchslaps, Legal Ethics

    Judge Throws The Book At Patent Troll

    What kind of shenanigans do you have to be up to for every single member of your in-house legal department and outside law firm to be disqualified from a case?

    18 Comments / / May 1, 2015 at 1:14 PM
  • Oliver


    John Oliver Utterly Destroys Patent Trolls

    Hilarious and biting takedown.

    33 Comments / / Apr 20, 2015 at 12:46 PM
  • troll online trolls

  • Justice Sonia Sotomayor

    Copyright, Non-Sequiturs, Patents, Sonia Sotomayor, Supreme Court

    Non-Sequiturs: 09.25.14

    * Justice Sotomayor would like to remind you that just because you’ve been to one Indian casino, that doesn’t mean all Native Americans are fantastically wealthy. [KGOU]

    * Nor is every Native American cured by this news, but this is certainly a start — the Department of the Interior will sign a $554 million settlement in the breach of trust case brought by the Navajo nation. [Buckley Sandler LLP]

    * A Peruvian woman has sued Disney for $250 million because she alleges that Frozen is a rip-off of her life story. Because she has magic ice powers? I guess. Actually, it looks like the only connection is that she lived in a cold place and had a sister. This reminds me of my lawsuit against Chuck Palahniuk for basing Fight Club on my life story. Not that I ran anarchic underground fight clubs, but because one-time at camp I made a bar of soap. [Bustle]

    * Law professor goes after revenge porn and patent trolls because he’s trying to win the title of best person ever. [Brooklyn Paper]

    * Harold Hamm, Continental Resources’ Chairman and CEO — and former energy adviser to Mitt Romney — is staring down the barrel of a massive divorce settlement. So he takes a page from Romney’s adversary. Hamm is arguing that his fortune… he didn’t build that! He was just the beneficiary of a good market rather than a contributing factor so he doesn’t have to share. [Upstream Online]

    * The CAC launches a new series on the Roberts Court at 10. It’s hard to believe how long ago that was. When the Chief Justice took over we still thought the ending of Lost was going to make sense! [Constitutional Accountability Center]

    * Winston & Strawn lawyer turned famous LEGO artist Nathan Sawaya opened a new show in London. Sculptures made of thousands and thousands of hand-assembled bricks. Just in case you were wondering if there was a task more boring than document review. [Yahoo! Canada News]

    * Paul Clement and Mike Carvin offer a SCOTUS preview. [Heritage Foundation]

    8 Comments / / Sep 25, 2014 at 5:05 PM
  • Supreme Court pretty Small

    Intellectual Property

    Is This The End of Patent Trolls?

    Following the Supreme Court’s recent guidance in Alice Corp. v. CLS Bank International, several software patents have been invalidated by the Federal Circuit, and district courts. In Alice Corp., the court set out a two prong validity test. First, whether the subject matter is eligible for a patent; and second, if so, whether the recitation of generic computer components adds something that is not already present when the steps are considered separately? For software patent applicants, Alice Corp. now requires that the method or system 1) improve the functioning of the computer itself, and do more than instruct one to apply the abstract idea on an unspecified generic computer; or 2) effect an improvement in another technology or field.

    / Sep 25, 2014 at 2:53 PM
  • Anna Nicole Smith back to SCOTUS Supreme Court

    Anna Nicole Smith, Defamation, Football, Gay Marriage, Law Schools, Non-Sequiturs, Patents, Supreme Court

    Non-Sequiturs: 08.20.14

    * Anna Nicole Smith’s estate finally loses its effort to secure a piece of her late husband’s estate. This whole thing was like Bleak House with boobs. [Jezebel]

    * Supreme Court halts same-sex marriage in Virginia. So there you go. [ABC News]

    * Our old friend the Affluenza kid is back in the news, but this time he’s only a footnote to the story. His father, the one who spoiled him so badly he couldn’t help himself but kill a bunch of people, has been arrested for impersonating a cop. Maybe affluenza is contagious.

    * The preliminary draft of the proposed amendments to the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure are available for public comment! So what are you still doing here? [U.S. Courts]

    * Lawyer posts a bounty available to anyone who can help him collect on the multi-million dollar judgments he’s secured against a pilfering billionaire. “I’ve spent enough money getting judgments.” Enter Dog the Judgement Bounty Hunter. Go with Christ, Brah.[Forbes]

    * Adam Carolla has settled with the patent troll who was suing him claiming they invented the podcast. Details weren’t disclosed, but since Carolla had previously said he wouldn’t settle for any amount of money, I wonder how they sweetened the pot. [USAToday]

    * Suspended Notre Dame athletes reportedly considering a lawsuit against journalists who named them as suspects in a cheating scandal. Even though the school itself named them. If the classes they supposedly took were “Pre-Law” or “Basics of Defamation,” then I think the NCAA has a slam dunk case. [FoxSports]

    * The extracurriculars that help you get into law school. Debate’s still on there even if the description — at least of the form of debate most Americans practice — sounds more like what a high school drama thinks of debate instead of reality. Less extemporaneous speaking and more “massive, in-depth research and a developing a mastery of electronic research databases.” [InGenius Prep]

    * The lingering lawsuit over one of the most devastating hockey hits in recent memory has finally settled. The parties agreed to 5 minutes for fighting and a game misconduct. [ESPN]

    0 Comments / / Aug 20, 2014 at 5:01 PM
  • iPhone

    Crime, Football, Law Schools, Non-Sequiturs, Patents, Technology

    Non-Sequiturs: 08.14.14

    * A murder suspect grabbed his phone and asked Siri to help him dispose of a dead body. I’ll bet Siri gave him s**tty directions on doing that, too. [USA Today]

    * Criminal defeated by the same dastardly device that plagued a famous Far Side cartoon. [Lowering the Bar]

    * Congratulations to Brooklyn Law School’s BLIP clinic for successfully fighting off a patent troll. How’s that for practical law school experience! [Medium]

    * “As long as there is demonstrated interest and commitment by sufficiently financed local owners and a dedicated, passionate local fan base, leagues prefer not to move teams.” So says Buffalo Law professor Nellie Drew. Shhh. Don’t tell her about where the Baltimore Ravens came from, it would break her heart. [University of Buffalo]

    * We get more worked up about law students charged with crimes. Like murder and arson. I mean, obviously Above the Law does because that’s part of our beat, but I mean “we” as in everybody. Why is that? [Law and More]

    * Avvo just released a new iPhone app for lawyers. Among the new features is an opportunity to be alerted as soon as a question in your practice area is asked. [Avvo]

    * Ha. This cartoon. [Twitter]

    * After a two-year absence, we welcome VC Deal Lawyer back to blogging! [VC Deal Lawyer]

    0 Comments / / Aug 14, 2014 at 5:12 PM
  • man pulling hair out

    Intellectual Property, Patents, Rudeness

    ‘Dear Piece Of Sh*t': A Great Response To A Patent Troll

    Sometimes patent trolls need to be trolled themselves.

    30 Comments / / May 19, 2014 at 1:15 PM
  • got_cleavage_tshirt

    Books, Breasts, Labor / Employment, Non-Sequiturs, Patents, SCOTUS, Supreme Court

    Non-Sequiturs: 10.30.13

    * “I Love Boobies” case may go to the Supreme Court. [Jezebel]

    * Law firms are warning clients to beware of “Misclassification Creep” which is a “threat” to many businesses. Yeah, it’s a real shame that employees might start getting paid what they actually earn. [Corporate Counsel]

    * Recurring ATL subject, Caskers craft spirits retailer, has been sold to Anderson Press. [Pandodaily]

    * Meanwhile, another legally related business has raised a total of $850,000. Hopefully they can use some of that to make another hilarious commercial. [Techcrunch]

    * Here are 10 things every new lawyer should do right now. Shorter version: start puckering up. [The Careerist]

    * In horrible news, a missing Wayne State law student was found dead. [Detroit Free Press]

    * A former Biglaw, current Midlaw associate has written a book and created this trailer to promote it. What if a sex toy manufacturer became a patent troll? Video embed after the jump…

    3 Comments / / Oct 30, 2013 at 5:00 PM
  • NCAA Football 14 USE

    Biglaw, Billable Hours, Health Care / Medicine, Job Searches, Law Firm Mergers, Law Schools, Michael Jackson, Money, Morning Docket, Patents, Sports, Technology, Trials

    Morning Docket: 10.03.13

    * According to Altman Weil, law firm merger mania is on pace for record highs as firms desperately attempt to stave off financial problems by gobbling up smaller firms’ clients. [Am Law Daily]

    * The NCAA better watch its back: Jeffrey Kessler, the Winston & Strawn partner who helped bring free agency to the NFL, wants in on the potential case for unpaid college athletes. [Bloomberg]

    * Lawyers doing regulatory work are very afraid that the shutdown will decimate their fourth quarter billables because “[t]he longer it goes, the more problematic it will be.” Yay government. [Reuters]

    * GrayRobinson partner Philippe Devé is in need of a bone marrow transplant, and his firm is using its social media presence to crowdsource a donor. Will you lend a helping hand? [Daily Business Review]

    * UpCounsel has successfully raised $1.5 million in funding to beef up its international patent practice, proving the point that it costs a pretty penny to protect clients from the world’s patent trolls. [TechCrunch]

    * Law schools in New York State are feeling the pain of the drop in applications, and some are now willing admit that their graduates had to start “cannibalizing each other” in the job market. [New York Law Journal]

    * But really, so what if applications are down? Lots of law schools consider themselves lucky to be keeping the lights on with the assistance of generous alumni donations in the millions. [National Law Journal]

    * Another day, another “diploma mill.” Sorry to disappoint you, law students and alumni, but Charleston School of Law is moving forward with its plans to sell out to the InfiLaw System. [Post and Courier]

    * Who’s bad? Not AEG Live. A jury made up of people unable to answer yes or no questions during the reading of the verdict found that the concert promoter wasn’t liable in Michael Jackson’s death. [CNN]

    0 Comments / / Oct 3, 2013 at 9:03 AM
  • Scene_at_the_Signing_of_the_Constitution_of_the_United_States

    Hearsay, International Law, Non-Sequiturs, Patents, SCOTUS, State Judges, State Judges Are Clowns, Supreme Court

    Non-Sequiturs: 10.02.13

    * This Term, both wings of the Court will be making originalist arguments because “slaveholders from 200 years ago said so” is the most compelling argument in our legal toolbox. [Constitutional Accountability Center]

    * Yale Law grad Ronan Farrow, supposedly Woody Allen’s son, might really be Frank Sinatra’s son. Looking at him that… makes sense. [Vanity Fair]

    * Looks like the FTC is finally going after patent trolls. Or would be if we still had a government. [Ars Technica]

    * Based on the look and address, the Law Librarians blog appears to have left the Law Professor Blogs Network. It must have been too loud in there for the librarians. [Law Librarians]

    * So… you’re saying lots of trial judges out there don’t understand hearsay? [The Legal Watchdog]

    * Avast! Russia is going after Greenpeace (probably illegally) for piracy. [The Volokh Conspiracy]

    * A reminder that the federal government shut down is the result of state laws, so maybe you should vote in those off-year local elections. [PrawfsBlawg]

    7 Comments / / Oct 2, 2013 at 5:02 PM
  • troll RF

    Intellectual Property, Patents, Politics, Quote of the Day

    What If We Call Them ‘Patent Princesses’ Instead?

    Is being a “patent troll” just in the eye of the beholder?

    27 Comments / / Sep 13, 2013 at 3:32 PM
  • Twitter small

    Antitrust, Biglaw, Books, Deaths, Divorce Train Wrecks, Douglas Ginsburg, Fenwick & West, Free Speech, Intellectual Property, Law Professors, Law Schools, Media and Journalism, Morning Docket, Partner Issues, Patents, SCOTUS, Suicide, Supreme Court, Technology, Theater

    Morning Docket: 09.13.13

    * Congrats to @FenwickWest on landing the big Twitter IPO! #yaylegalfees [American Lawyer]

    * The Deal Professor, Steven Davidoff, surveys the legal landscape around the Twitter filing, focusing on the #JOBSAct. [DealBook / New York Times]

    * Jamie McCourt, a former family law attorney, strikes out in trying to set aside her divorce settlement with Frank McCourt, former owner of the Los Angeles Dodgers. She’s stuck with $131 million and several luxury homes. #richpeopleproblems [National Law Journal (sub. req.)]

    * An inquest reveals that a Hogan Lovells partner who took his own life had warned a colleague that he was going to kill himself the day before his death. [Daily Mail via ABA Journal]

    * Good news for the news business: the Senate Judiciary Committee approves a federal media-shield bill. [Washington Wire / Wall Street Journal]

    * Nathan Myhrvold, the CEO of a patent holding company, warns that anti-patent-troll sentiment could have unforeseen consequences. [Corporate Counsel]

    * Praise in the WSJ for Unprecedented: The Constitutional Challenge to Obamacare (affiliate link), the new book by Professor Josh Blackman (who recently wrote a guest post for us on Supreme Court beauty contests). [Wall Street Journal (sub. req.)]

    * Congrats to George Mason Law on its two high-profile hires: D.C. Circuit Judge Douglas Ginsburg and Covington antitrust partner Damien Geradin. [The BLT: The Blog of Legal Times]

    * If you’re in New York this weekend, go see Arguendo. Or buy tickets for the 7 p.m. performance on September 22, when I’ll be doing a talkback with artistic director John Collins after the show. Enter the discount code “ABOVE” for $35 tickets (a special rate for ATL readers). [Public Theater]

    3 Comments / / Sep 13, 2013 at 9:17 AM