Patents

* For everyone at the midway point of a bar exam: Here… [Dinmoney]

* Naked selfies: Not just for Carlos Danger anymore. A female police officer uses her workday to post naked pictures of herself. [Legal Juice]

* Speaking of NYC politics and placing Weiners where they don’t belong, Professor Lawrence Cunningham argues that Eliot Spitzer would be a horrible Comptroller based on his record as New York Attorney General. Cunningham then lists every reason Eliot Spitzer was an awesome Attorney General. [Concurring Opinions]

* An appeals court has upheld the ruling that killed Mayor Bloomberg’s large sugary soda ban. Drink up, fatasses! It’s your right as an American. In the meantime, check out this argument over whether the decision contains a curious paradox [PrawfsBlawg]

* The Sixth Circuit affirmed an earlier decision dismissing a suit brought by Cooley grads. But they did not repeat the classic, “an ordinary prudent person would not have relied on [Cooley's] statistics to decide to spend $100,000 or more.” [ABA Journal]

* After winning Survivor, Cochran has decided to turn his law degree into the most expensive TV screenwriting degree ever. He’ll be penning a sitcom this Fall. [St. Louis Today]

* Susan Westerberg Prager, the incoming dean of Southwestern Law School, is the first female dean of a law school… again. [Chronicle of Higher Education]

* One doctor. Four different signatures “under penalty of perjury.” I think we’re underestimating the evil quadruplet theory. [New York Personal Injury Attorney Blog]

* As someone without kids, I find this fascinating. Popehat has a poll asking readers their thoughts on monitoring the electronic communication of their middle schoolers. As a parent, are you more Edward Snowden or J. Edgar Hoover? [Popehat]

On the “Our Professionals” section of its website, Finnegan Henderson boasts that it has “375 lawyers focused on IP.” It may be time to revise that downward: “371 lawyers focused on IP.”

Last night, the high-powered, intellectual-property-focused firm announced four notable partner departures. The Finnegan partners in question practice in the generally hot area of IP litigation (although we’ve heard anecdotal reports of cooling, including stealth layoffs of IP litigators — see here and here).

Who are the departing Finnegan partners, and where are they going?

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One technique in the world of pharma that has started appearing here on Techdirt is “evergreening” — making small changes to a drug, often about to come off patent, in order to gain a new patent that extends its manufacturer’s control over it. The advantages for pharma companies are evident, but what about the public? What economic impact does evergreening have? 

double red triangle arrows Continue reading “Using Patents To Needlessly Drive Up Healthcare Costs: The Economic Impact Of Evergreening Drugs”

* The Zimmerman verdict allows us to sit back and reflect on how bad Atticus Finch really was at his job. [Criminal Defense Blog]

* In case you’d forgotten about the shenanigans at Louisville’s Brandeis School of Law, here’s your update: a former employee has been charged for promising students more scholarships than the school had. Rick Pitino needs to show the law school how to work within scholarship limits. [Courier-Journal]

* State licensing boards are trying to put the kibosh on advice columnists. Next thing you know, they’ll be trying to shut down Dr. Demento. [Lexington Herald-Leader]

* Fun with patents: Monkey Dog Saddle! [Lowering the Bar]

* Transgendered workers are successfully challenging workplace discrimination using the Civil Rights Act. These sound like cases Justice Alito will get right on overturning. [Buzzfeed]

* McDonald’s is trying to show how it provides its employees a living wage. It just requires working a second job for a total of between 62-74 hours. No biggie. [Lawyers, Guns & Money]

George Zimmerman: Not Guilty

* Size matters when it comes to hourly rates. Because when you work in Biglaw, it’ll be all the more odious for your poor clients when you “churn that bill, baby.” [Corporate Counsel]

* Would you want this Cadwalader cad, a former mailroom supervisor, at your “erotic disposal”? The object of his affections didn’t want him either, and she’s suing. [New York Daily News]

* In the wake of the George Zimmerman verdict, the NAACP is pressing for federal charges and a civil suit may be in the works. This trial isn’t over in the court of public opinion. [Bloomberg]

* This experience inspired George Zimmerman, fresh off his acquittal, to go to law school to help the wrongfully accused. If it makes you feel better, when he graduates, he’ll be unemployed. [Reuters]

* Here’s the lesson learned by Prop 8 proponents: If at first you don’t succeed at the Supreme Court, try, try again at the state level and base your arguments on technicalities. [Los Angeles Times]

* You do not want this patent troll — one of the most notorious in the country — to “go thug” on you. Apparently this is just another danger of alleged infringement in the modern world. [New York Times]

* Asiana Airlines is considering suing the NTSB and a California television station over the airing of “inaccurate and offensive” information (read: wildly racist) about the pilots of Flight 214. [CNN]

* Ariel Castro was slapped with an additional 648 counts in the kidnapping case against him, bringing the total to 977. Prosecutors are not yet seeking the death penalty. [Cleveland Plain Dealer]

* Apple has lost the e-books trial. Didn’t see that coming after Apple’s lawyers ripped the government’s witnesses. [New York Times]

* Vault released its Regional and Practice Area rankings. Yeah, we get it Wachtell, you’re awesome. [Vault]

* Who ever said losing at the Supreme Court was the end? Myriad is suing to enforce its patents in the BRCA1 and BRCA2 genes. [Patently O]

* Woman caught on camera planning her husband’s murder because it’s “easier than divorcing him.” Fair enough! [Lowering the Bar]

* Senators pledging to block court nominee “irrespective of [her] very fine professional qualifications.” Oh. [The Blog of the Legal Times]

* Some jurisdictional nerdiness regarding EPIC’s original filing seeking mandamus, prohibition, or certiorari from SCOTUS to review a FISA judge. [Lawfare]

* A bleak, expressionist write-up of the bar exam experience. If you ever wondered what the subject of The Scream was doing right beforehand, it was apparently “taking the bar exam.” [Law of the Dead]

* The traditional summer associate program model needs restructuring. Are you suggesting four-hour lunches are passé? Because… shame, sir, shame. [SSRN]

* The sequester is slowing down the patent office. So now the irate patent attorney has something else to blame for not getting his client’s application approved. [Patently O]

* As our tipster put it, this may be a statement against interest: Snowden once declared that traitors should be “shot in the balls.” [NY Post]

* A breakdown of unconstitutional animus in U.S. v. Windsor. If the author could figure out Justice Kennedy’s train of thought all the way through, kudos! [Associate's Mind]

* If you’re ever planning a graduation party, just don’t do this. [Legal Juice]

* Examining the misappropriation of trade secrets on Earth-616, and whatever Earth the DC people are in these days. I gave up on them two Crises ago. [Law and the Multiverse]

* Federal prosecutors may go after Long Island Power Authority for their poor response to Hurricane Sandy. [Breaking Energy]

* And this recap of the Hollingsworth opinion concludes with a GIF that is sure to warm the hearts of many an ATL commenter. [Eff Yeah SCOTUS]

I have to admit that I’m still a bit surprised that pop-up/pop-under advertisements still exist. The concept is so annoying and so anti-consumer that pretty much all browsers figured out ways to build in pop-up blockers many, many years ago. Every so often one gets through (almost always advertising Netflix, by the way), and I get annoyed and try to remember never to visit that site again. However, Paul Keating alerts us to the news that a company called “ExitExchange” now claims to hold a patent on pop-up ads, and has sued seven porn sites and two travel companies [Ed. note: this link is from a porn industry publication so it's "safe-ish" for work, but be warned] for using them without a license.

double red triangle arrows Continue reading “Company Claims Patent On Pop-Up Ads, Sues Porn & Travel Companies”

Here are three true statements:

(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.

How?

double red triangle arrows Continue reading “When Buying Off A Litigant Is Also Buying Off A Competitor”

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.

double red triangle arrows Continue reading “Supreme Court Strikes Down Gene Patents”

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