Patents

  • "Try and make it look painful, we've got a bloodthirsty audience here!"

    Basketball, Death Penalty, Election Law, Eric Holder, Non-Sequiturs, Patents, Sentencing Law

    Non-Sequiturs: 01.29.14

    * Allegations that a prison told a death row inmate to “put on a show” while getting a lethal injection. Just when you thought the death penalty couldn’t manifest itself as more cruel and unusual… [NBC News]

    * A discussion of how early voting is bad. Apparently, after an electoral dialogue that usually lasts a year or more, we’re all lemmings swayed by the events of the last day of campaigning so there’s no justification for allowing voters to show up three days before the finish line. [Volokh Conspiracy / Washington Post]

    * Kentucky legend Richie Farmer’s basketball jersey may be retired, but the Bureau of Prisons decided to give Farmer, now a political figure heading to prison for abusing his office, his old number back as an inmate number. Thanks? [Legal Juice]

    * In last night’s State of the Union address, President Obama came out strong for patent law reform. Exactly the issue he needed to rally voters for the midterms! [Patently-O]

    * And while it didn’t make the address itself, Attorney General Eric Holder is signaling a new administrative interest in reforming the out of whack sentencing laws. [Sentencing Law and Policy]

    * On February 12, our own David Lat will be speaking at Georgetown at an ABA Journal sponsored talk on “#21stCenturyLaw.” Let’s see that hash tag start trending. [ABA Journal]

    * Joshua Gilliland of The Legal Geeks reacts to the revelation that the new costuming for next season’s Doctor Who will ditch Gilliland’s beloved bow tie. Our hearts go out to you in your pain. Video embedded below… [The Legal Geeks]

    2 Comments / / Jan 29, 2014 at 5:58 PM
  • Blank Lawyer Type Sign or Shingle.

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

    Beyond Biglaw: Myself, A Frustrated Client

    Gaston Kroub, who left a Biglaw partnership to launch his own boutique, shares some reflections on his own experience as a client.

    10 Comments / / Jan 9, 2014 at 1:22 PM
  • 800px-Flag_of_Canada.svg

    Affirmative Action, Amy Schulman, California, Canada, Football, Gay, Gay Marriage, Law Schools, Non-Sequiturs, Patents, Prostitution, Women's Issues

    Non-Sequiturs: 12.20.13

    * A federal judge just struck down Utah’s ban on same-sex marriage. [Salt Lake Tribune]

    * After striking down Canada’s anti-prostitution laws, our neighbors to the North went ahead and approved a law school that functionally bans gays. What’s going on up there? Play keep away with the Stanley Cup for 20 years and they just lose their damn minds. [TaxProf Blog]

    * Chief Judge Alex Kozinski objects, but nobody wants to hear it. [Josh Blackman's Blog]

    * Professor Richard Sander won the right to examine law school race, attendance and grade information, in a bid to prove his central theory that affirmative action somehow hurts black folks. I guess the California Supreme Court is on Team Sander. [San Jose Mercury News]

    * Amy Schulman, the powerful general counsel at Pfizer, is out — and now there’s some interesting speculation as to why. [Law and More]

    * So now everyone’s writing legal opinions over Fantasy Football trades. [BigLaw Rebel]

    * Jim Harbaugh gets all his legal acumen from Judge Judy. Next thing you know he’ll be objecting to “What’s your deal?” for lack of foundation. [ESPN]

    * Speaking of Jennifer Lawrence, she can probably help with your International Law final. [The Onion]

    * There’s a rundown of the top patent law stories of 2013 on the web next month. And there’s CLE to be had! [Patently-O]

    1 Comment / / Dec 20, 2013 at 5:03 PM
  • SomaliCartman

    Biglaw, Fashion, Health Care / Medicine, Intellectual Property, Non-Sequiturs, Partner Issues, Patents, Privacy, Trademarks

    Non-Sequiturs: 12.18.13

    * The DOJ is looking to retry an accused Somali pirate. They’re totally on top of piracy as long as it doesn’t take place here. [The Blog of the Legal Times]

    * Yesterday we posted our holiday tipping thread, heavily citing Corporette’s Kat Griffin. Now she’s posted her own guide and we’re linking to it. It’s like Inception up in here. [Corporette]

    * Why fashion gets knocked off: delving into the world of design patents and trade dress. [Fashionista]

    * Comparing the modern NSA to the intelligence-gathering techniques employed during the American Revolution. Interesting stuff, but a total cover-up job. Where’s the discussion of Ben Franklin’s “electric kite drones,” eh? You must think we’re pretty naïve, Logan Beirne. [Fox News]

    * Incredibly sad, but also incredibly fascinating: if a child is rendered brain dead by a possible medical mistake, should the state honor the wishes of the family to keep the kid on life support even though every day on life support makes an investigation into the cause of death harder? [CNN]

    * Loyola University Chicago introduces a new curriculum to give students an opportunity to get real-world experience with a judge or practicing lawyer before graduating. A law school focusing on training lawyers to be lawyers? This isn’t all that surprising when you look back at Dean Yellen’s previous work. [Loyola University Chicago]

    * Congratulations to Therese Pritchard on her election as the first female chair of Bryan Cave. We’re big fans… until you fail to leak your bonus memo to us first. The ball’s in your court now Pritchard. [WSJ Law Blog]

    * The venerable Green Bag is parting ways with GMU Law. Thankfully, it has already found a new home. [PrawfsBlawg]

    * Former White House attorney John Michael Farren who we reported on a lot in the past about beating his wife nearly to death… was found liable for beating his wife nearly to death. So that happened. [News Times]

    2 Comments / / Dec 18, 2013 at 5:11 PM
  • Sarah Jones

    6th Circuit, Bankruptcy, Biglaw, Defamation, Fashion, Free Speech, Law Schools, Media and Journalism, Morning Docket, Patents, Technology

    Morning Docket: 12.09.13

    * After its patent battle in the courts, Apple wants Samsung to pay for a portion of MoFo’s legal fees. When you think of it, $15.7 million is a rather piddling amount when full freight is $60 million. [The Recorder]

    * Say goodbye to your pensions! As it turns out, law review articles aren’t so useless after all. Detroit’s foray into Chapter 9 eligibility is the brainchild of a Jones Day partner and associate duo. [Am Law Daily]

    * It must be really stressful to plan a wedding when your defamation victory is on appeal to the Sixth Circuit. The latest chapter in the Sarah Jones v. TheDirty.com case could mean curtains for online speech. [AP]

    * When it comes to their credit ratings, stand-alone law schools are getting screwed due to their inability to put asses in their empty seats. Four out of five schools profiled could be in big trouble. Which ones? [WSJ Law Blog (sub. req.)]

    * “You need to not dress like that.” TMZ’s attorney, Jason Beckerman, is an alumnus of Kirkland & Ellis, and he was quickly advised by a producer that he needed to lose his lawyer duds. [California Lawyer]

    5 Comments / / Dec 9, 2013 at 9:00 AM
  • teen pregnancy

    Allen & Overy, Biglaw, Contract Attorneys, Disasters / Emergencies, Insurance, Intellectual Property, Jersey Shore, Job Searches, Law School Deans, Law Schools, Magic Circle, Morning Docket, Patents, United Kingdom / Great Britain, Women's Issues

    Morning Docket: 11.26.13

    * You’d think that when discussing major reforms to the patent system, the director of the USPTO would be there, but you’d be wrong. You’d also be wrong if you thought we had a director right now. [National Law Journal]

    * Welcome to the future of Biglaw: Allen & Overy has realized that it’s a waste of money to keep hiring in a weak market, so the firm is recruiting its alumni to serve as contract attorneys in times of higher legal demand. [Legal Week]

    * Dean Gregory Maggs, the interim leader of George Washington University Law, is being lauded for increasing first-year enrollment by 22 percent in a time of crisis. Excellent work, sir. You flood that job market. [GW Hatchet]

    * Just because you have a law degree doesn’t mean you’re “entitled to rise up and become partner.” Getting a job in the new normal involves having a good attitude and social graces. [WSJ Law Blog]

    * Ladies, if you get pregnant after a fling with an Olympic medalist and move out of state, please know your “appropriation of the child while in utero [will be deemed] irresponsible, reprehensible.” [New York Times]

    * GTL stands for “Gym, Tan, Laundry,” but the owner of these Jersey Shore nightclubs thinks it stands for “Gym, Tan, Lawsuit” — thanks to losses uncovered by its insurer in the wake of Hurricane Sandy. [Newark Star-Ledger]

    4 Comments / / Nov 26, 2013 at 9:19 AM
  • Kent W. Easter

    Attorney Misconduct, Biglaw, Deaths, Insider Trading, Law Professors, Law Schools, Money, Morning Docket, Patents, Trials

    Morning Docket: 11.22.13

    * Former U.S. Attorney Neil H. MacBride will be joining Davis Polk as a partner in the firm’s white-collar defense practice. Nice work, DPW — he’s actually kind of cute. Earn back that rep! [DealBook / New York Times]

    * Matthew Kluger, most recently of Wilson Sonsini, was disbarred in D.C. following his insider trading conviction. His criminal career apparently began while he was still in law school. Sheesh. [Blog of Legal Times]

    * Kent Easter, he of the “I am but a spineless shell of a man” defense, was just on the receiving end of a mistrial. It seems the jury was totally deadlocked. Guess they felt bad for him. [Navelgazing / OC Weekly]

    * The Iowa Law Student Bar Association supports the school’s decision to cut out-of-state tuition by about $8,000 because to stand against such a measure would be absolutely ridiculous. Congratulations on not being dumb. [Iowa City Press-Citizen]

    * Apple won more than $290 million from Samsung in its patent infringement retrial. Siri, tell me what the fifth-largest jury award in the U.S. was in 2013. OMG, I didn’t say delete all my contacts. [Bloomberg]

    * The trial for James Holmes, the shooter in the Aurora, Colorado movie theater massacre, was delayed by a judge until further notice. A hearing has been scheduled to reassess the situation in December. [CNN]

    * Myrna S. Raeder, renowned expert on evidence and criminal procedure, RIP. [ABA Journal]

    7 Comments / / Nov 22, 2013 at 9:09 AM
  • rising bar graph

    Biglaw, Football, Insider Trading, Intellectual Property, Law Schools, Morning Docket, Patents

    Morning Docket: 11.13.13

    * Citi reports that firms saw a revenue jump of 2.7 percent in the third quarter. Revenue has now finally outpaced expenses for the year. Let the good times roll? [The AmLaw Daily]

    * In regulatory fun, the Comptroller of the Currency issued a whole mess of new regulations on how banks can use consulting firms to comply with enforcement orders. In a nutshell, consultants should do their jobs rather than rubber stamp for the banks. Once again regulation arrives long after common sense required it. [Washington Post]

    * A new company called Fantex Holdings might turn your fantasy football chatter into insider trading by securitizing athletes. Now TacoCorp can endure an SEC investigation just like real companies. [Corporate Counsel]

    * Microsoft’s top IP counsel [Corporate Counsel]

    * Harvey Updyke, the Alabama fan who destroyed Auburn’s landmark trees, owes $796,000 according to a judge. Roll Tide. [Courthouse News Service]

    * Veterans applying to law school should take these tips to heart. [Blueprint Prep]

    * The Amanda Knox trial has a ton of experts involved. No defendant, but a ton of experts. [The Expert Institute]

    5 Comments / / Nov 13, 2013 at 9:09 AM
  • Ted Cruz

    9th Circuit, Biglaw, Crime, Insider Trading, Job Searches, Law Firm Mergers, Law Schools, Morning Docket, Patents, R. Ted Cruz, Sports, Technology, Trials

    Morning Docket: 11.11.13

    * After months of gains, the legal industry lost 900 jobs in October, just as some of the big state bar exam results came out. We imagine the folks who rallied for the 10-months-after-graduation employment statistic are as pleased as punch. [Am Law Daily]

    * “How do we find a new inventory of high net worth clients?” The answer for Kelly Drye was really quite simple: it seems that pro athletes are willing to pay just about anything to keep themselves from going bankrupt. [Capital Business / Washington Post]

    * “I don’t know why it’s better to use a bigger firm.” When it comes to the latest law firm mega-mergers, some say that it’s not the size of the boat, but the motion of the ocean. [Wall Street Journal (sub. req.)]

    * It’s like Groundhog Day for these Biglaw attorneys: Apple and Samsung are preparing for the “patent trial of the century,” part deux, and both MoFo and Quinn Emanuel have enlisted new lineups. [The Recorder]

    * SAC Capital’s general counsel is okay, “[a]ll things considered.” His painful appendectomy is nothing compared to the $1.2 billion his hedge fund has to pay the government. [DealBook / New York Times]

    * Ted Cruz might be an “AASS,” but he’s done at least one awesome thing in his life. He once drank so much Everclear that he completely ruined a play put on by the Harvard Law drama society. [Boston Globe]

    * The Z-list actress who sued IMDb for revealing her age filed an appeal with the Ninth Circuit because hey, some of those judges are pretty old. Maybe they’ll sympathize. [Hollywood, Esq. / Hollywood Reporter]

    2 Comments / / Nov 11, 2013 at 8:59 AM
  • iStock_000000859483XSmall

    Federal Circuit, Intellectual Property, Patents, Technology

    Chief Judge Of Patent Court Compares Killing Bad Patents To Genocide

    Yeah, these are basically the same except for the whole “mass murdering of human beings” part.

    20 Comments / / Nov 1, 2013 at 2:41 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
  • Cheating-Spouse

    Attorney Misconduct, Biglaw, Books, Career Alternatives, Disasters / Emergencies, Gay, Gay Marriage, House Judiciary Committee, Law Firm Mergers, Law School Deans, Law Schools, Legal Ethics, Morning Docket, Patents, Sandra Day O'Connor, SCOTUS, Sex, Supreme Court

    Morning Docket: 10.30.13

    * Justice Sandra Day O’Connor has joined Justice Ruth Bader Ginsburg in being one of the only justices to perform a same-sex marriage. No divas here: the wedding ceremony was held at the high court because “[t]hat’s where she was.” [BuzzFeed]

    * “Proceed with caution.” David Kappos, the former director of the U.S. Patent and Trademark Office, isn’t too keen on the latest patent reform bill that’s currently before the House Judiciary Committee. If only the man still had a say. [National Law Journal]

    * Dentons and McKenna Long & Aldridge have released a joint statement to ensure the public that the proposed merger is still on. Good news, everyone! The firm won’t be named McDentons. [Am Law Daily]

    * Ralph Lerner, formerly of Sidley Austin, has been slapped on the wrist suspended from practice in New York for one year’s time after improperly billing car service to clients to the tune of $50,000. [Am Law Daily]

    * It’s been a year since Superstorm Sandy, and lawyers are still counseling their clients on how to muddle through the mess. Volunteer some pro bono hours and help out those in need. [New York Law Journal]

    * After threatening to cut faculty positions, New England Law Dean John O’Brien is taking a 25 percent pay cut. He’ll only earn $650,000. Wow. I think we’re supposed to be impressed. [Boston Business Journal]

    * Career alternatives for attorneys: rescuer of nerd relics. Head to this Brooklyn book store (of course it’s in Brooklyn) if you’re desperately seeking long lost science fiction tales. [Wall Street Journal (sub. req.)]

    * We bet that folks in Australia would like to tell the the High Court to bugger off after overturning this ruling. Sexual injuries that occur during work-related trips don’t qualify for workers’ compensation. [Bloomberg]

    0 Comments / / Oct 30, 2013 at 9:33 AM
  • internet troll

    Banking Law, Drugs, Environment / Environmental Law, Law Schools, Marijuana, Morning Docket, Patents, SCOTUS, Supreme Court

    Morning Docket: 10.24.13

    * Parties in the greenhouse gas cases before SCOTUS have agreed to trim the number and length of their briefs to reduce the number of times “go f@ck yourself and die” is written. [Blog of Legal Times]

    * The latest patent reform bill up for debate promises that it will put an end to the trolls by forcing them to do more work before filing suit. If only it were that easy to keep the trolls at bay. [National Law Journal]

    * Do the hustle, and blame it on Becca! A jury has found that Bank of America is liable for selling defective mortgages, and the potential penalty could be up to $848 million. [DealBook / New York Times]

    * Since the law was puff, puff, passed, lawyers in Washington State have politely asked their Supreme Court if and when they’ll allowed to smoke weed and represent clients that sell it. [Corporate Counsel]

    * Class certification in the Alaburda v. TJSL lawsuit over allegedly deceptive employment statistics has officially been denied. We guess that all good things must come to an anticlimactic end. [ABA Journal]

    * Another law school gets it: the U. of St. Thomas will its freeze tuition at the low, low price of $36,843, allowing students to pay a flat fee for all three years of education. [Campus Confidential / Star Tribune]

    * If you’d like to ace your law school interviews (which apparently are a thing these days), it helps if your personality doesn’t inspire ritualistic seppuku. [Law Admissions Lowdown / U.S. News & World Report]

    * Michael Skakel, the Kennedy cousin convicted of killing, was granted a new trial due to ineffective assistance of counsel. Getting away with murder? Aww, welcome to the family, Mike! [Washington Post]

    3 Comments / / Oct 24, 2013 at 9:09 AM
  • It's always sunny - or raining money? - in Philadelphia.

    Affirmative Action, Biglaw, Intellectual Property, Law Schools, Money, Morning Docket, Patents, Rankings, Real Estate, SCOTUS, Supreme Court

    Morning Docket: 10.15.13

    * Affirmative action is again being put to the test before the Supreme Court, but this time, we’re not so sure the justices will punt the ball like last time. The countdown to one of Elie’s epic rants on race in America starts in 3, 2, 1… [National Law Journal]

    * The U.S. Patent and Trademark Office is open for business, but the government shutdown has pretty much brought work at both the International Trade Commission and the Federal Trade Commission to a complete standstill. May they live to fight patent trolls another day. [Corporate Counsel]

    * Good news, everyone! Many Biglaw firms have changed the way they make their real estate and office space decisions, primarily because “maintaining profitability has become very challenging.” [GlobeSt.com]

    * Here’s another list of the law schools where you can get the most bang for your buck — except it neglects to mention what percentage of the class responded to these salary questions. Oops! [PolicyMic]

    * Just saying, but if you’re applying to a law school on an early decision basis, it’s helpful if you actually want to go to that law school above all others. [Law Admissions Lowdown / U.S. News & World Report]

    4 Comments / / Oct 15, 2013 at 9:17 AM
  • iStock_000016927465XSmall-RF

    Drinking, Intellectual Property, Non-Sequiturs, Patents, State Judges, State Judges Are Clowns, Tax Law

    Non-Sequiturs: 10.03.13

    * The author of Great Response to a Cease & Desist Letter fame sent the ATL office some glitter pens because Staci asked for one in the comments. Keep being awesome Andrew Delaney! [Twitter]

    * Tired of the National Zoo Panda Cam? A USPTO attorney has created the Substitute Panda Cam. I wonder if the cam will survive the shutdown. [Substitute Panda Cam]

    * Well, wonder no more! Here’s a rundown of how the shutdown is treating the intellectual property world. [Patently-O]

    * So if you’re part of the intellectual property legal regime that’s shut down (or any government employee off because of the shutdown), here’s a list of all the drinking specials in D.C. you can use to fill your day. [Washington Post]

    * An update on Bike Dude. [Racked]

    * Some advice on handling terrible clients. Alternate title: 50 Shades of Grey. [The Careerist]

    * St. Charles Parish Judge Michele Morel has finally agreed to recuse herself in a trial over the rape of a 10-year-old girl. And why should she have recuse herself? Just because she has a personal relationship with the defendant’s family? Pshaw! [Times-Picayune]

    * Happy 100th birthday to income tax! Back then, someone with around $12 million (in 2013 dollars) paid about 7 percent in taxes. Meanwhile, today that same person would pay… well, with deductions and carried interest exceptions, probably about 7 percent. [TaxProf Blog]

    0 Comments / / Oct 3, 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
  • Baker Botts: serving up severance?

    Biglaw, Intellectual Property, Lateral Moves, Litigators, Musical Chairs, Partner Issues, Patents, Secretaries / Administrative Assistants, Staff Layoffs, Texas

    What’s Cooking At Baker Botts?

    There’s good news and bad news: a new lateral partner, and layoffs of some staff.

    6 Comments / / Sep 26, 2013 at 4:18 PM

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