Patents

  • Pepsi logo

    9th Circuit, Gay Marriage, General Counsel, In-House Counsel, Law Schools, Non-Sequiturs, Patents

    Non-Sequiturs: 10.07.14

    * Congratulations to Tony West on his new gig as General Counsel of PepsiCo. It sounds like an exciting and challenging opportunity. Plus, you know, free Mountain Dew. [Politico]

    * What the hell? The feds stole a woman’s identity and made it into a Facebook page. Well, now she’s found out and she’s suing. Identity theft was one thing, but the way the DEA Agent kept spamming the woman’s friends to play Candy Crush Saga was just unacceptable. [Buzzfeed]

    * Time for some court news: Ninth Circuit joined the chorus in striking down gay marriage bans in Idaho and Nevada. [Ninth Circuit]

    * It’s Nobel Prize time, and one of the winners for Physics has a personal story about how important it is to hire a good lawyer. In fact, it was about $180 million important. [Slate]

    * We constantly beat the drum of how law schools need to adjust to reality and stop duping students into terrible financial decisions. But here’s the PR secret that’s kept law schools from, by and large, collapsing: they sell the experience. [Law and More]

    * An open letter begging Amal Alamuddin not to quit her day job now that she’s married to some acting guy. [The Careerist]

    * New York City paid $50K to settle a lawsuit brought by the family of a child who killed herself after school officials allegedly did nothing despite several warnings that the girl was being brutally bullied. There’s a lot of “in my day…” types who read this site who may not care about bullying, but this is more a question of irresponsibility. If your job is to provide a safe learning environment and you fail, you pay. [DNA Info]

    * At oral argument, the Court seemed generally supportive of the Muslim inmate hoping to grow a beard. If this intuition is right, soon individual people may have the same religious rights as corporations! [Supreme Court Brief]

    * Finally, thanks to the Rutgers-Newark Law School chapter of the American Constitution Society for hosting a great event today where Elie and I previewed the upcoming SCOTUS Term. My personal highlight was watching Elie’s head explode while talking about Young v. UPS.

    8 Comments / / Oct 7, 2014 at 5:02 PM
  • This would be a better patent than what these guys received.

    Patents, Technology

    Serial Litigant Blue Spike Wins EFF’s Stupid Patent Of The Month For September

    Blue Spike’s massive litigation campaign is a perfect example of how vague and abstract software patents tax innovation.

    4 Comments / / Oct 3, 2014 at 10:18 AM
  • access denied

    Biglaw, Boutique Law Firms, In-House Counsel, Intellectual Property, Patents, Small Law Firms

    Beyond Biglaw: In-House Talent — Access Denied?

    Why are in-house lawyers limited to working only for their particular employer?

    11 Comments / / Sep 30, 2014 at 10:16 AM
  • 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
  • Drexel Law Kline Law

    Biglaw, Contract Attorneys, Document Review, Federal Judges, Intellectual Property, Law Schools, Morning Docket, Patents, Politics, Technology, United Kingdom / Great Britain

    Morning Docket: 09.19.14

    * Voters in Scotland just said no to independence from the United Kingdom (although it might not have been a big deal for the legal profession if the vote had gone the other way). [New York Times]

    * Congratulations to Drexel Law on a whopping $50 million gift — and its new name, the Thomas R. Kline School of Law. [Philadelphia Inquirer via WSJ Law Blog]

    * The latest chapter in the “cautionary tale” of David Lola: dismissal of the contract attorney’s lawsuit against Skadden and Tower Legal. [American Lawyer]

    * An office renovation for Baker Botts in Houston strips junior associates of window offices. [ABA Journal]

    * How could Watson transform the practice of patent law? [Corporate Counsel]

    * Are we seeing a reversal in the trend of declining prison populations? [Washington Post]

    * The chorus of voices calling for Judge Mark Fuller to resign in the wake of domestic violence charges against him continues to grow. [New York Times]

    6 Comments / / Sep 19, 2014 at 9:05 AM
  • Twitter small

    Biglaw, Boutique Law Firms, Intellectual Property, Patents, Small Law Firms, Social Media, Social Networking Websites, Technology, Twittering

    Beyond Biglaw: Putting Twitter To Work

    Twitter is used by consulting firms and Wall Street investors, but is it actually useful for law firms?

    2 Comments / / Sep 2, 2014 at 11:10 AM
  • iStock_000025862603_Small

    Drugs, Election Law, Fashion, Marijuana, Music, Non-Sequiturs, Patents, Prisons, Trademarks

    Non-Sequiturs: 08.26.14

    * This probably goes without saying, but don’t smuggle drugs into prison. This grandpa apparently failed that lesson. [Legal Juice]

    * Town gets fed up and just sues every single citizen. [Lowering the Bar]

    * A city lawyer heads out to the country to woo a pretty maid. At least this song gets it right and the lawyer fails. [Legal Cheek]

    * Some thoughts on trademark law and post-parody fashion, from Professor Charles Colman. [U. Penn Law Review]

    * Attorneys took different approaches to litigating slavery. Nothing really funny here, it’s just interesting. [The Faculty Lounge]

    * James Sherwin of SOR Solicitors made this infographic about patents in Europe (and where Ireland fits in). In case you ever wanted to know if Europe’s intellectual property set up is as crazy as America’s. [SOR-Solicitors]

    0 Comments / / Aug 26, 2014 at 5:32 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
  • Canada View From Up North

    Canada, Intellectual Property, Litigators, Patents, Plaintiffs Firms, Texas

    The View From Up North: Patent Litigation — Canada Versus America

    Which nation takes the better approach to patent litigation?

    4 Comments / / Aug 20, 2014 at 1:05 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
  • Anthony_Kennedy_official_SCOTUS_portrait

    6th Circuit, Anthony Kennedy, Celebrities, Environment / Environmental Law, Gay Marriage, Legal Ethics, Non-Sequiturs, Patents, Supreme Court, Technology

    Non-Sequiturs: 08.08.14

    * It’s not that Justice Kennedy cares more about gay rights than women’s rights, it’s that Justice Kennedy understands gay rights better than women’s rights. That’s a much less charitable but shorter read of this insightful piece by a former Kennedy clerk. [Dorf on Law]

    * The judge caught making racist and sexist remarks about Charlize Theron’s adoption has been banned from the bench. He wants to be judged on more than this incident. To quote Dr. Hibbert: “And hillbillies want to be called ‘Sons of the Soil’, but it ain’t gonna happen.” [Associated Press via Yahoo! News]

    * Adam Carolla is keeping his fight against patent trolls alive. Ziggy socky ziggy socky hoy hoy hoy! [Mashable]

    * Yesterday, the man who shot young Renisha McBride for knocking on his door was convicted of second-degree murder. Sadly, it was just one more in a string of cases where some idiot bought into the rhetoric of shooting first and asking questions later that gun lobbyists have pushed for years. [New York Times]

    * Here’s something, a former law firm CIO wrote a novella called I Spy, You Spy, We All Spy (affiliate link) based on the allegedly true events of the “law firm spying on its own lawyers, employees and some of its employees’ family members.” Delightful. [Amazon]

    * “Why Young Lawyers Shouldn’t Hate Hate Hate Baby Boomers Holding On to Jobs.” OK, I’ll go back to hating them for being the self-absorbed Me Generation that made Gordon Gekko a role model. [Law and More]

    * At oral argument in the marriage equality cases, the lawyers and the Sixth Circuit exhibited… a lot of misconceptions. [Constitutional Accountability Center]

    * The battle over the EPA’s Carbon rules isn’t over yet. Gear up for a Supreme Court trip. [Breaking Energy]

    * Do you need to know how to pronounce the SCOTUS case of Volkswagenwerk Aktiengesellschaft v. Schlunk? There’s an app for that. [Law Technology News]

    1 Comment / / Aug 8, 2014 at 4:55 PM
  • 'I get paid to play Candy Crush and do laundry all day!'

    Intellectual Property, Paralegals, Patents, Trademarks

    Paralegals Paid Up To $80K To Play Online, Watch TV

    Ain’t life grand as a federal employee?

    21 Comments / / Aug 1, 2014 at 11:03 AM
  • Intellectual Property

    Federal Circuit Review – Nautilus, Limelight, and Alice (July 2014)

    Supreme Court Sets New Indefiniteness Standard

    In Nautilus, Inc. v. Biosig Instruments, Inc., Appeal No. 13-169, the Supreme Court vacated and remanded Federal Circuit’s reversal of summary judgment because the Federal Circuit’s definiteness standard was too lenient.

    Biosig filed a patent infringement suit claiming Nautilus’ exercise machines infringed its patent. Biosig’s patent claims a heart rate monitor that includes a “live” electrode and “common” electrode “mounted . . . in spaced relationship with each other.” The district court granted Nautilus’ motion for summary judgment on the basis the claim term “in spaced relationship with each other” failed the definiteness requirement of 35 U.S.C. § 112, second paragraph. The Federal Circuit reversed and remanded, finding a patent claim meets the definiteness threshold so long as the claim is “amenable to construction” and the claim is not “insolubly ambiguous.”

    The Supreme Court held the Federal Circuit’s test does not satisfy the statute’s definiteness requirement and can leave courts without a reliable compass. The Court held a patent is invalid for indefiniteness if its claims, read in light of the specification and the prosecution history, fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention. The Court emphasized this standard not only takes into account the inherent limitations of language, but also requires a patent must be precise enough to afford clear notice of what is claimed. The Court vacated and remanded to the Federal Circuit for reconsideration under the proper standard.

    / Jul 31, 2014 at 4:00 PM
  • trademark

    Barack Obama, Basketball, Intellectual Property, Job Searches, Law Schools, Morning Docket, Patents, Politics, Trademarks, Trusts and Estates

    Morning Docket: 07.31.14

    * “We’re in uncharted waters.” Following a split vote down party lines, the House of Representatives authorized Speaker Boehner to move ahead with his lawsuit against President Obama. [WSJ Law Blog]

    * “Vultures! Don’t take our pound of flesh.” Despite last-minute settlement talks, it seems Argentina has defaulted on its debt for the second time in 13 years. Oopsie! [DealBook / New York Times]

    * The U.S. Patent and Trademark Office has added 19 additional schools to its law school clinic certification pilot program. IP is hot right now, so congrats if your school made the cut. [USPTO.gov]

    * What are some of the pros of working before going to law school? Well, if you can’t get a job after you graduate, you can go back to your old field, so that’s a plus. [Law Admissions Lowdown / U.S. News]

    * California probate attorneys’ hearts were all aflutter following Shelly Sterling’s win against her husband, specifically because of the new precedents the Clippers case left in its wake. [National Law Journal]

    1 Comment / / Jul 31, 2014 at 9:16 AM
  • Kung_Pao_chicken_(western_version)_-1

    9th Circuit, Alex Kozinski, Blogging, Celebrities, Free Speech, Movies, Non-Sequiturs, Patents, Politics, R. Ted Cruz, Videos

    Non-Sequiturs: 07.30.14

    * Court needed a Chinese language interpreter. Rather than find a professional legal interpreter, the judge just told the lawyer to head down to the local Chinese restaurant and grab somebody. [Legal Cheek]

    * News from former Virginia Governor Bob McDonnell’s trial. As one tipster summed up the story: “Hon, I think I dropped my keys under that bus. Would you take a look?” [Slate]

    * Everyone concedes Ted Cruz is smart. Why exactly? [Salon]

    * A follow-up from a previous story: Connolly, Geaney, Ablitt & Willard shuts down after the foreclosure market that made them turned on them. [Mass Lawyers Weekly (sub. req.)]

    * Interesting look at the volume of patent cases throughout history. Check out the troll phenomenon with charts! [Patently-O]

    * More folks wasting time complaining about blog posts. [South Florida Lawyers]

    * Clint Eastwood talks with Chief Judge Kozinski and Judge Fisher at the Ninth Circuit Judicial Conference. These days it’s exciting whenever Clint isn’t talking to an empty chair. Video embedded below… [YouTube]

    2 Comments / / Jul 30, 2014 at 5:06 PM
  • Incredible Hulk

    Advertising, American Bar Association / ABA, D.C. Circuit, Health Care / Medicine, Legal Ethics, Non-Sequiturs, Patents, Pets, Racism, Supreme Court

    Non-Sequiturs: 07.25.14

    * Proximate cause and the Incredible Hulk. Whatever, everyone knows Kirby was the real brains behind Palsgraf. [The Legal Geeks]

    * Someone is having fun with their RFAs: Admit… that we are going to whip the dog piss out of you. We were specifically chided: “please don’t say ‘only in Arkansas,’” so we won’t. You should feel free to say exactly that though. [Hawg Law Blog]

    * Not really surprising, but patent trolling is the worst it has ever been. I’ll sit here and wait for the New York Times to blame millennials. [io9]

    * The most important Supreme Court decision you’ve never heard of! Well, except I have heard of it. In fact, there was a year-long college debate topic about it. But it’s still important. [Washington Post]

    * What’s the appropriate sentence for having a dog off a leash? Confining the guy to a seven-county area? [LA Weekly]

    * Things to do in Denver when you’re a lawyer: allegedly scam a few million off a client. [Denver Post]

    * Meet the lawyer who came up with the quirky reading that got the D.C. Circuit to temporarily derail Obamacare. [Wall Street Journal]

    * Meanwhile, this title says it all about Halbig: “Well, Conjecture, Tendentious Misreadings, and Cherry Picking Are Kinds of Evidence.” Pour a little out for Lionel Hutz. [Lawyers, Guns & Money]

    * Everyday we (the ABA) hustlin’. [Law and More]

    0 Comments / / Jul 25, 2014 at 4:52 PM
  • saulgoodman__130409172658__130726211708-275x213

    Books, Constitutional Law, D.C. Circuit, Drinking, Health Care / Medicine, Non-Sequiturs, Patents, Sexual Harassment, Television

    Non-Sequiturs: 07.24.14

    * Have you all called the Breaking Bad law firm number yet? Because it works, so go for it! [Legal Cheek]

    * How to make airlines more profitable: make everyone sit on bicycle seats! [Lowering the Bar]

    * Ilya Somin explains why the D.C. Circuit’s interpretation in Halbig isn’t absurd. And it’s not absurd. It just reflects the hilariously cynical conservative opposition to giving their own citizens tax breaks. [The Volokh Conspiracy / Washington Post]

    * Ohio State fired its band director amid sexual harassment allegations. To fire a guy, Ohio State must have dotted every “i” in this investigation. [USA Today]

    * Speaking of sexual harassment, the Navy’s Blue Angels are the subject of a sexual harassment suit. And somehow it involves a blue and gold penis seen from space. [Slate]

    * The Chevron battle over Ecuador continues. Turns out the star witness Chevron paid upwards of $1 million to testify took 50 days of prep to finally get his ever-shifting story straight. [Huffington Post]

    * There’s a new book out called Kate’s Escape from the Billable Hour (affiliate link). We haven’t read it, but apparently this tale of “a burnt-out, second-year attorney working in the dysfunctional world of Big Law” mentions ATL. So they definitely did their research. [Amazon]

    * Watch a drunk guy give cops a lesson in Con Law. Video after the jump…. [Barstool Sports]

    0 Comments / / Jul 24, 2014 at 4:55 PM
  • Just try telling him to put out his smokes. Not gonna happen.

    4th Circuit, D.C. Circuit, Gay, Guns / Firearms, Health Care / Medicine, Non-Sequiturs, Police

    Non-Sequiturs: 07.23.14

    * Looming legal battle over the confidentiality agreement at the center of lawsuit over which team John Travolta plays for. [Gawker]

    * The fallout from yesterday’s Obamacare Appellageddon continues. The D.C. Circuit and the Fourth Circuit are going to have some awkward parties until this gets resolved. [Federal Regulations Advisor]

    * Somebody got confused and thought that Stand Your Ground laws applied to protect black people. [News 4 Jax]

    * In Louisiana, a justice of the peace is given public money to hire all their staff and buy all their equipment and pay themselves whatever salary they want out of the remainder. One guy had a very clever idea about how to allocate that money and it set off a legal fight. Oh, and apparently the best job in Louisiana is to be a constable. So now you know. [Times-Picayune]

    * Do you know the 12 Rules of Client Service? Are you at least ready to fight over them? [What About Clients?]

    * Newark police can’t even come up with constitutional excuses for 75 percent of what they do. [Slate]

    * Lululemon figured that patent trolls were onto something and patented its clothing designs and aggressively pursues anyone who dares design a tank top with a built-in bra. Who would ever have thought of such an original idea? [Jezebel]

    * The University of California is increasing non-resident enrollment for budget reasons. Law schools presumably follow suit. [TaxProf Blog]

    0 Comments / / Jul 23, 2014 at 5:03 PM