(1) Monopolies are generally illegal.
(2) Like baseball, patents make monopoly laws get a little funky.
(3) Courts really really really like to encourage settlements.
So, when two companies get together, and work out a settlement that makes a whole patent infringement lawsuit go away, and the only objection is that pesky Federal Trade Commission complaining that the settlement is anticompetitive, you can understand why a federal court could meditate on points (2) and (3) and dismiss that FTC complaint.
Yet, in FTC v. Actavis, the Supreme Court yesterday made it harder to settle some patent infringement suits, saying that sometimes a settlement of a lawsuit can be an antitrust problem.
Here’s a bit of good news: the Supreme Court has effectively said you can’t patent genes, though in typical Supreme Court fashion, it hedged a bit. Basically, they found that merely separating out naturally occurring DNA is not patentable, but that synthetically made “complementary DNA” or (cDNA) can be patentable. This case has been going on for quite some time, involving a company called Myriad Genetics, which isolated two genes, BRCA1 and BRCA2, where mutations indicate a high likelihood of developing breast cancer. Myriad then set up a very lucrative, extremely high priced set of tests to find those mutations and argued that others testing for those genes violated its patents — because stopping breast cancer should be prohibitively expensive, apparently.
* When SCOTUS cases involve public companies and rulings are misinterpreted, it can lead to some pretty volatile stock performance, as was evidenced by yesterday’s highs and lows for Myriad Genetics of BRCA1 patent fame. [Washington Post]
* The ethics complaint against Judge Edith Jones of the Fifth Circuit has been transferred to the D.C. Circuit after receiving a blessing from the Chief Justice of the United States. Uh oh, that’s serious business if Roberts is involved. [Times-Picayune]
* The number of women working in the NLJ 350 is sad. They make up only one-third of all attorneys working in Biglaw, and we’re stuck celebrating the tiniest positive changes. Sigh. [National Law Journal]
* Proskauer Rose’s former CFO, Elly Rosenthal, settled her $10M disability discrimination suit against the firm in anticlimactic fashion, “without costs to any party as against the others.” [Am Law Daily]
* California is obviously trying to one-up New York with this one. In addition to a 50-hour pro bono requirement, they’re pushing for 15 hours of real-world training before bar admission. [The Recorder]
* Try to stop a man from throwing a pie in your husband’s face and in return you’ll be served with your wifely walking papers a few years later. Aww, Rupert Murdoch is such a kind old man. [Bloomberg]
Ed. note: This is the latest installment of The ATL Interrogatories, brought to you by Lateral Link. This recurring feature will give notable law firm partners an opportunity to share insights and experiences about the legal profession and careers in law, as well as about their firms and themselves.
Peter J. Devlin, President and Chief Executive Officer of Fish & Richardson, assumed the firm’s top management position in 2000. Under his leadership, Fish has opened several new offices, expanded its burgeoning international practice, bolstered its reputation as a national firm at the pinnacle of the IP and business world, strengthened its financial performance, and positioned itself for further growth. Mr. Devlin’s law practice emphasizes client counseling in the areas of patent infringement and validity opinions, patent due diligence, product clearance, and licensing; and in U.S. and foreign patent prosecution, focusing on medical device technologies, electronics, and software. Before joining Fish, Mr. Devlin worked for Raytheon Company, first as an electrical engineer and then as a patent attorney.
* The International Trade Commission has banned the importation of older iPhones and iPads for patent infringement based on a standard-essential patent. Don’t know what that means? Well, it’s kind of a big deal. [FOSS Patents]
* A federal judge likens herself to the Hulk because she lengthens sentences over the objections of prosecutors. When we first wrote about Judge Rose, Staci felt the one Senator voting against her confirmation needed a good reason. This is that reason. [Des Moines Register]
* Student trolls law professor to get grades posted before she can finish the professor’s book. The race is on! [Josh Blackman's Blog]
* As previously mentioned, THE Ohio State University President Gordon Gee was in hot water. Now he’s been s**tcanned retiring. Louisville basketball coach Rick Pitino declared Gee a “pompous ass.” One tipster noted, “Pitino Rick is an expert on the subject of pompous. Restaurant Sex too.” [CBS Sports]
* Lots of lawyers are former debaters. If you are looking to give back, there’s a new organization trying to raise money for high school debate in Kalamazoo. I mention this partly because I care about the cause, but mostly because I like writing Kalamazoo. [Go Fund Me]
* After reviewing the mindblowingly crazy BARBRI lecturer vid yesterday, Themis sent us a couple of their bar prep vids. Enjoy after the jump…
* Meow! An ethics complaint has been filed against Judge Edith Jones, the judicial diva herself, over insensitive comments about race and the death penalty that she made at Penn Law. [San Antonio Express-News]
* In the pissing contest over judicial confirmations, it’s fair to say that Obama’s recent nominees to the D.C. Circuit won’t receive a hearing, much less be confirmed, any time soon. [WSJ Law Blog (sub. req.)]
* Nobody likes patent trolls, not even the president. Obama went on the offensive yesterday, promising to curb unwarranted intellectual property litigation filed by pesky profiteers. [Thomson Reuters News & Insight]
* Speaking of patents, there’s a new exchange being formed for public trading rights. Please welcome the Intellectual Property Exchange International, the first exchange platform of its kind. IP: so hot right now. [DealBook / New York Times]
* After a review of evidence that Colorado movie theater shooting suspect James Holmes was whacked out of his mind at the time of the shooting, he was allowed to enter an insanity plea. [Bloomberg]
* The judge in the Oscar Pistorius case has adjourned the track star’s legal proceedings until August on account of a “trial by media.” We’ll probably continue to speculate about it until then. [New York Times]
* A woman is suing because she got her ass kicked by a gang of hookers at a Florida hotel. She claims the prostitutes thought she was infringing on their territory. Nope — she’s just a Jersey girl. [Fox News]
I say “allegedly” not to suggest there’s any question over whether the partner owned the trolling company, but because the partner claims he had no involvement in the decision to sue his firm’s most prominent tech client. Even if he didn’t, it hardly sounds kosher.
Whatever his precise role, he might have gotten away with it, too, if it weren’t for that meddling privilege log…
* “Hindsight is always 20/20.” Perhaps AG Eric Holder should’ve quit when he was ahead after President Obama’s first term, because now White House insiders are wishing he’d step down. [New York Times]
* Dewey think Steven Davis will ever live down claims that he brought about the death of a once legendary law firm? No, but at least his $19.5 million mismanagement settlement was approved. [Am Law Daily]
* “What’s disgusting? Union busting? Who’s disgusting? Joe Genova.” Damn. This partner had some issues with Legal Services NYC lawyers on strike outside his office last week. [New York Law Journal]
* With all of the talk about patent trolls, this Morgan Lewis attorney allegedly thought it would be a good idea to get a piece of the action. Oopsie, it sounds like you got some splainin’ to do. [Ars Technica]
* LEAVE THOMAS JEFFERSON SCHOOL OF LAW ALONE! TJSL alumni appreciate their alma mater so much they’re willing to sign love letters written by the school’s PR flack. [WSJ Law Blog (sub. req.)]
* Widener Law is thinking of splitting its campuses into separately accredited schools, but this isn’t a cost-saving measure — neither were the buyout packages offered to professors. [Delaware Law Weekly]
* Alexis Wright, the Zumba instructor who ran a prostitution ring out of her dance studio, will ditch the workout and join the party in jail, because this hot mama was just sentenced to 10 months. [CNN]
* “Journalists should not be at legal risk for doing their jobs.” Thanks Obama, but AG Eric Holder was the one who kind of signed off on the James Rosen search warrant. [Open Channel / NBC News]
* The chief judge of the D.C. Circuit apologized for a lack of transparency in the James Rosen probe, and this is one of the least embarrassing things that happened this week. [Washington Post]
* Despite having “done nothing wrong,” embattled tax official Lois Lerner announced she’s been placed on administrative leave in light of recent events. I salute you, fellow WNE grad. [National Review]
* Watch out, patent trolls, because this proposed bill might actually be — gasp! — helpful. If enacted, the Patent Abuse Reduction Act’s goal is to help keep discovery costs down. [Hillicon Valley / The Hill]
* It’s a hell of a drug: for some lawyers, the sequester won’t be such a bad thing after all, because Coast Guard and Navy forces won’t be available to intercept 38 tons of cocaine. [Breaking Defense]
* Proskauer Rose’s ex-CFO, Elly Rosenthal, has cut down her $10 million suit against the firm to just one allegation. She claims the firm fired her solely for her diagnosis of breast cancer. [Am Law Daily]
* The Boy Scouts of America will now admit openly gay youths into their ranks for the first time in the history of ever. You should probably “be prepared” for a flurry of litigation over this. [New York Times]
* A mistrial was declared in the penalty phase of the Jodi Arias murder trial. Ugh, come on with this, the Lifetime movie is already in post-production! How on earth are they going to work this in? [CNN]
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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