Patents

  • 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
  • Beyond Biglaw

    Biglaw, Boutique Law Firms, Intellectual Property, Litigators, Patents, Small Law Firms, Technology

    Beyond Biglaw: When You Need It, Build It

    Would you be interested in getting automated alerts of new docket entries and opinions in the cases you are monitoring? A boutique law firm might have the solution for you.

    1 Comment / / Jul 22, 2014 at 10:17 AM
  • Beyond Biglaw

    Biglaw, Boutique Law Firms, Intellectual Property, Patents, Small Law Firms

    Beyond Biglaw: The Limits Of Lawyers

    Lawyers, it’s not all about you.

    2 Comments / / Jul 1, 2014 at 1:44 PM
  • iStock_000009923649Small-RF

    Food, Patents, Technology

    How Patents Are Stopping Your Microwave From Being Awesome

    Just another super awesome product being blocked by a broken patent process.

    23 Comments / / Jun 27, 2014 at 11:04 AM
  • rainbow flag

    10th Circuit, Baseball, Biglaw, Crime, Gay Marriage, Morning Docket, Patents, Plaintiffs Firms, Tax Law, Technology, Utah

    Morning Docket: 06.26.14

    * In case you missed this piece of news amid yesterday’s Supreme Court madness, the Tenth Circuit found Utah’s ban on gay marriage unconstitutional. It’s the first federal appeals court to make such a ruling. Hooray! [New York Times]

    * “Just about everyone he came in contact with, he managed to corrupt.” Paul Daugerdas, formerly of Jenkins & Gilchrist, was sentenced to 15 years for his role in an $8B fraud scheme. [Businessweek]

    * Despite what you may have been led to believe, not all patent awards are as high as those you see in media headlines. Fewer than 2% of infringement cases even result in damages. [National Law Journal]

    * When is it okay to turn down a Biglaw offer and head to a plaintiffs firm? Probably when you’re planning to file a massive class-action suit against the MLB on behalf of minor leaguers. [St. Louis Post-Dispatch]

    * William Mitchell Law’s new J.D. program is the first of its kind to be approved by the ABA. It’s half online, half on-site (does 9 times count as half?), and we see more like this coming down the line. [U.S. News]

    5 Comments / / Jun 26, 2014 at 9:09 AM
  • 'Would you like fries with that, Your Honor?'

    Biglaw, Crime, English Grammar and Usage, Fast Food, Federal Judges, Morning Docket, Patents, SCOTUS, Screw-Ups, State Judges, State Judges Are Clowns, Supreme Court

    Morning Docket: 06.25.14

    * With OT 2013 drawing to a close, here’s a nifty chart that shows which Supreme Court justices vote together most and least often. The division is real, people. [The Upshot / New York Times]

    * “Not only do they have unique interpretations of the Constitution but they can’t even agree on how to pronounce words.” Listen to our SCOTUS justices flub the word “certiorari.” [Legal Times]

    * Quinn Emanuel and Samsung must now pay more than $2M in sanctions to Nokia and Apple after leaking confidential, “attorneys’ eyes only” information in a discovery blunder. Oopsie! [Legal Week]

    * “Why can’t you get a real job?” This judge — the same one who sentenced a rapist to just 30 days in prison — told a fast-food worker to get a better job to pay off his restitution more quickly. [Billings Gazette]

    * If you think you’ve seen the best of the “Law and ______” classes, you ain’t seen nothing yet. Say hello to some newcomers, like Video Game Law and Law of Robots. Justice Scalia is pissed. [WSJ Law Blog]

    3 Comments / / Jun 25, 2014 at 8:32 AM
  • iStock_000016329481Small

    Football, Gay, Labor / Employment, Law Schools, Non-Sequiturs, Patents, Pets, Tax Law

    Non-Sequiturs: 06.11.14

    * The intellectual property history of dog leashes. How long is a patent in dog years? [Slate]

    * Trinity Western University, the new law school that bans gay people, just earned a thumbs down vote from thousands of area lawyers objecting to its accreditation. [CBC]

    * 10 real-life laws that regulate the supernatural world. [io9]

    * There’s a new bill of rights in this country and it comes from the IRS. The right to basically avoid taxes is only on the form for rich people. [TaxProf Blog]

    * Mass incarceration in this country degrades citizenship. Sadly, this statement needed to be made. [Boston Review]

    * After receiving an award, a young lawyer blasts legal aid cuts. [Legal Cheek]

    * The Daily Show examines the ongoing effort to unionize college football with commentary by Dee Dee Benkie. She’s wrong of course — college football unions would work like professional sports unions representing players who face exactly the same workplace hazards, instead of stereotypical longshoremen — but it’s good to see even an anti-union advocate agreeing that players deserve something more than what they currently get. Video below…. [The Daily Show]

    1 Comment / / Jun 11, 2014 at 5:02 PM
  • UpCounsel logo

    Biglaw, Boutique Law Firms, Intellectual Property, Partner Issues, Patents, Small Law Firms, Solo Practitioners, Technology

    Beyond Biglaw: Up, Up and Away…

    Columnist Gaston Kroub, Biglaw partner turned boutique firm founder, tries out a new service for finding clients.

    5 Comments / / Jun 10, 2014 at 10:16 AM
  • Johnny Manziel (By: Thomas Campbell-USA TODAY Sports)

    Citigroup, Football, Jed Rakoff, Jonathan Lee Riches, Law Reviews, Legal Ethics, Non-Sequiturs, Patents, Pornography, SCOTUS, Securities and Exchange Commission, Supreme Court, White-Collar Crime

    Non-Sequiturs: 06.04.14

    * Sad day for Jonathan Lee Riches. His lawsuit over Johnny Manziel’s penis has been thrown out of court. [Black Sports Online]

    * Hot on the heels of yesterday’s item about SCOTUS porn parties, Professor Tribe guest blogs about his new book (affiliate link) and coercion, bribery, and influence. [The Volokh Conspiracy / Washington Post]

    * Former Brooklyn DA and aspiring TV star Charles Hynes is staring down larceny accusations. [Gothamist]

    * Texas basically assigns a cop to actively discourage investigate indigent parties seeking assigned counsel. [Socialist Gumshoe]

    * The Supreme Court doesn’t like talking about patents — its opinions on the subject are getting shorter and shorter. [Patently-O]

    * A lawyer is in hot water for allowing underaged drinking at a post prom party. The point was to keep the kids from driving. But no good deed goes unpunished. [Turn to 10]

    * An interesting profile of one of my favorite professors, Ken Feinberg, labeling him “the lawyer who decides what a life is worth.” Yikes. [KDVR]

    * The business strategy of just telling clients what they want to hear deflates. [Dealbreaker]

    * Who says no one reads law reviews? The porn industry does and they really like this student Note. [XBiz]

    * This is why we can’t have nice things. Second Circuit explains that if a revolving door agency of sycophants says it’s OK, it’s OK. Full opinion below…. [New York Times]

    3 Comments / / Jun 4, 2014 at 5:03 PM

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