Overlawyered » patent litigation http://overlawyered.com Chronicling the high cost of our legal system Sun, 20 Apr 2014 15:15:47 +0000 en-US hourly 1 http://wordpress.org/?v=3.8.1 Intellectual property roundup http://overlawyered.com/2014/01/ip-roundup-2/?utm_source=rss&utm_medium=rss&utm_campaign=ip-roundup-2 http://overlawyered.com/2014/01/ip-roundup-2/#comments Mon, 27 Jan 2014 04:05:45 +0000 http://overlawyered.com/?p=43283 “The patent had an interesting enforcement clause: that anyone who copied [ship designer] Brunelleschi’s work would have their own designs set on fire” [Jeremy Kolassa, R Street] British government investigates problem of orphan copyright works [U.K. Intellectual Property Office, earlier] Hookah’s design not copyrightable, per Ninth Circuit, O’Scannlain, Garber, Bea [Inhale v. Starbuzz Tobacco] From […]

Intellectual property roundup is a post from Overlawyered - Chronicling the high cost of our legal system

]]>
  • “The patent had an interesting enforcement clause: that anyone who copied [ship designer] Brunelleschi’s work would have their own designs set on fire” [Jeremy Kolassa, R Street]
  • British government investigates problem of orphan copyright works [U.K. Intellectual Property Office, earlier]
  • Hookah’s design not copyrightable, per Ninth Circuit, O’Scannlain, Garber, Bea [Inhale v. Starbuzz Tobacco]
  • From EFF’s “Copyright Week”: what if the penalty that accompanied a parking ticket varied unknowably and might amount to a year’s salary? [Mitch Stoltz] “Copyright’s not getting its work done” [Cathy Gellis]
  • Nineteenth Century’s sewing machine patent wars resembled today’s smartphone wars, but ended more or less happily [Adam Mossoff, Slate]
  • Universities that post papers by their own scholars hear from Elsevier’s lawyers [ABA Journal]
  • Likelihood of confusion? Underwear maker Hanes cease/desists hummus maker in Saskatoon, Canada with name derived from “Yohannes” (= “John”)[ABC News, Craig Lederhouse, CBC (auto-plays radio)]
  • Tags: , , ,

    Intellectual property roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2014/01/ip-roundup-2/feed/ 2
    “Why patent trolls love east Texas” http://overlawyered.com/2013/12/patent-trolls-love-east-texas/?utm_source=rss&utm_medium=rss&utm_campaign=patent-trolls-love-east-texas http://overlawyered.com/2013/12/patent-trolls-love-east-texas/#comments Tue, 03 Dec 2013 15:33:13 +0000 http://overlawyered.com/?p=42829 Mike Masnick on a jury verdict against Newegg: “Having Whit Diffie (who invented public key cryptography) and Ron Rivest (who basically made it practical in real life) present on your behalf, showing that they did everything prior to Jones’ patent, while further showing that what Newegg was doing relied on their work, not Jones’, should […]

    “Why patent trolls love east Texas” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    Mike Masnick on a jury verdict against Newegg: “Having Whit Diffie (who invented public key cryptography) and Ron Rivest (who basically made it practical in real life) present on your behalf, showing that they did everything prior to Jones’ patent, while further showing that what Newegg was doing relied on their work, not Jones’, should have ended the case. But…” [TechDirt; Joe Mullin, Ars Technica]

    Tags: ,

    “Why patent trolls love east Texas” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2013/12/patent-trolls-love-east-texas/feed/ 6
    Reining in patent litigation via fee shifts http://overlawyered.com/2013/11/fighting-patent-trolls-fee-shifts/?utm_source=rss&utm_medium=rss&utm_campaign=fighting-patent-trolls-fee-shifts http://overlawyered.com/2013/11/fighting-patent-trolls-fee-shifts/#comments Tue, 12 Nov 2013 04:18:45 +0000 http://overlawyered.com/?p=42470 Prevailing parties in patent suits can win attorneys’ fees from losing opponents in cases deemed “exceptional.” “Under the test used to identify exceptional cases, cases must be objectively baseless and brought in bad faith.” That is already a painfully narrow exception, allowing for large volumes of poorly founded litigation, but two cases before the Supreme […]

    Reining in patent litigation via fee shifts is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    Prevailing parties in patent suits can win attorneys’ fees from losing opponents in cases deemed “exceptional.” “Under the test used to identify exceptional cases, cases must be objectively baseless and brought in bad faith.” That is already a painfully narrow exception, allowing for large volumes of poorly founded litigation, but two cases before the Supreme Court this term may provide clarity on when courts can deem cases “exceptional” and suitable for a fee shift. Broader use of fee shifts — presumably by way of deeming at least some swath of losing cases “exceptional” — would be one way of addressing the patent troll problem that would not call for new legislation. [ABA Journal, related, Corporate Counsel (arguments that judiciary can deal with trolls on its own]

    In other developments, the Federal Trade Commission has voted to proceed with an inquiry into the patent troll problem [New York Times] and the Government Accountability Office has released a long-awaited report on the issue [Mike Hogan and Gregory Hillyer, Legal Intelligencer]

    Tags: , , ,

    Reining in patent litigation via fee shifts is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2013/11/fighting-patent-trolls-fee-shifts/feed/ 0
    Intellectual property roundup http://overlawyered.com/2013/09/intellectual-property-roundup-4/?utm_source=rss&utm_medium=rss&utm_campaign=intellectual-property-roundup-4 http://overlawyered.com/2013/09/intellectual-property-roundup-4/#comments Wed, 18 Sep 2013 04:05:24 +0000 http://overlawyered.com/?p=40559 Books of the faraway past more likely to be available for purchase than books of the 1950s [David Post] “Is It Time for a Rule 11 for the Patent Bar?” [Ralph Clifford, SSRN via John Steele, Legal Ethics Forum] “Courts In Patent Suits Tell Turncoat Trial Lawyers To Take A Hike — Twice” [Mark Chenoweth, […]

    Intellectual property roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
  • Books of the faraway past more likely to be available for purchase than books of the 1950s [David Post]
  • “Is It Time for a Rule 11 for the Patent Bar?” [Ralph Clifford, SSRN via John Steele, Legal Ethics Forum]
  • “Courts In Patent Suits Tell Turncoat Trial Lawyers To Take A Hike — Twice” [Mark Chenoweth, WLF; congratulations to Chenoweth, an old friend of this site, for his appointment as WLF's new general counsel]
  • Federal Circuit: “Model Order Would Cut Patent Fights Down to Manageable Size” [Sheri Qualters, NLJ]
  • “Copyright Terms in the TPP: Too Long, or Way Too Long?” [Simon Lester, Cato]
  • High tech cy pres and the copyright wars [Roger Parloff, Fortune]
  • “The smartphone wars are ending, and nobody won (but the lawyers)” [Alison Frankel, Reuters]
  • Tags: , , , , ,

    Intellectual property roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2013/09/intellectual-property-roundup-4/feed/ 1
    Ex-Palm CEO: Steve Jobs threatened patent suit if we kept recruiting his employees http://overlawyered.com/2013/01/ex-palm-ceo-steve-jobs-threatened-patent-suit-kept-recruiting-employees/?utm_source=rss&utm_medium=rss&utm_campaign=ex-palm-ceo-steve-jobs-threatened-patent-suit-kept-recruiting-employees http://overlawyered.com/2013/01/ex-palm-ceo-steve-jobs-threatened-patent-suit-kept-recruiting-employees/#comments Thu, 24 Jan 2013 16:28:25 +0000 http://overlawyered.com/?p=35662 “I’m sure you realize the asymmetry in the financial resources of our respective companies when you say: ‘We will both just end up paying a lot of lawyers a lot of money.’” [TheVerge.com] Tweet Tags: Apple, competition through litigation, patent litigation

    Ex-Palm CEO: Steve Jobs threatened patent suit if we kept recruiting his employees is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    “I’m sure you realize the asymmetry in the financial resources of our respective companies when you say: ‘We will both just end up paying a lot of lawyers a lot of money.’” [TheVerge.com]

    Tags: , ,

    Ex-Palm CEO: Steve Jobs threatened patent suit if we kept recruiting his employees is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2013/01/ex-palm-ceo-steve-jobs-threatened-patent-suit-kept-recruiting-employees/feed/ 0
    November 13 roundup http://overlawyered.com/2012/11/november-9-roundup-2/?utm_source=rss&utm_medium=rss&utm_campaign=november-9-roundup-2 http://overlawyered.com/2012/11/november-9-roundup-2/#comments Tue, 13 Nov 2012 04:05:50 +0000 http://overlawyered.com/?p=33881 New law grads and others, come work for liberty at the Cato Institute’s legal associate program [Ilya Shapiro] Lawsuit against United Nations seeks compensation for mass cholera outbreak in Haiti [Kristen Boon, Opinio Juris] “Parents Sue Energy Drink After Girl’s Death” [NBC Washington; Hagerstown, Md.] “The New York Times Reveals That 18 Servings of an […]

    November 13 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
  • New law grads and others, come work for liberty at the Cato Institute’s legal associate program [Ilya Shapiro]
  • Lawsuit against United Nations seeks compensation for mass cholera outbreak in Haiti [Kristen Boon, Opinio Juris]
  • “Parents Sue Energy Drink After Girl’s Death” [NBC Washington; Hagerstown, Md.] “The New York Times Reveals That 18 Servings of an Energy Drink Might Be Excessive” [Jacob Sullum]
  • Claim: There is no explosion of patent litigation [Adam Mossoff, Truth on the Market, and further]
  • “After Inmates Sue for Dental Floss, Jailers Explain the Security Risk” [ABA Journal, earlier]
  • Court: First Amendment protects right of “The Bachelor” producers to consider contestants’ race [Volokh, earlier]
  • From Florida tobacco litigation to an, um, interesting higher-education startup [Inside Higher Ed, h/t Overlawyered commenter Jeff H.]
  • Tags: , , , , ,

    November 13 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2012/11/november-9-roundup-2/feed/ 5
    Intellectual property roundup http://overlawyered.com/2012/10/intellectual-property-roundup-2/?utm_source=rss&utm_medium=rss&utm_campaign=intellectual-property-roundup-2 http://overlawyered.com/2012/10/intellectual-property-roundup-2/#comments Tue, 16 Oct 2012 04:05:32 +0000 http://overlawyered.com/?p=33544 “The patent, used as a sword” [NY Times, Flowing Data] Default judgment over 528 songs against contumacious defendant: “Website ordered to pay $6.6 million for posting song lyrics” [NLJ] “Monsanto Seed Patent Case Gets U.S. Supreme Court Review” [Bloomberg Business Week] New book tells story of Ira Arnstein, whose frivolous suits against Cole Porter, Irving […]

    Intellectual property roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
  • “The patent, used as a sword” [NY Times, Flowing Data]
  • Default judgment over 528 songs against contumacious defendant: “Website ordered to pay $6.6 million for posting song lyrics” [NLJ]
  • “Monsanto Seed Patent Case Gets U.S. Supreme Court Review” [Bloomberg Business Week]
  • New book tells story of Ira Arnstein, whose frivolous suits against Cole Porter, Irving Berlin et al set important precedent [WSJ]
  • “Do it ‘on the Internet,’ get a patent, sue an industry — it still works” [Joe Mullin, Ars Technica]
  • “Court rules book scanning is fair use, suggesting Google Books victory” [Timothy Lee, ArsTechnica]
  • Tags: , , ,

    Intellectual property roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2012/10/intellectual-property-roundup-2/feed/ 0
    June 11 roundup http://overlawyered.com/2012/06/june-11-roundup-3/?utm_source=rss&utm_medium=rss&utm_campaign=june-11-roundup-3 http://overlawyered.com/2012/06/june-11-roundup-3/#comments Mon, 11 Jun 2012 04:06:38 +0000 http://overlawyered.com/?p=29843 Nortel portfolio now used for offense: “How Apple and Microsoft Armed 4,000 Patent Warheads” [Wired] Via Bill Childs: “This shows up in Google News despite fact that it’s lawyer advertising.” [TheDenverChannel.com] At “public interest watchdog” FairWarning.org, who contributed this article about Canadian asbestos controversies? Byline credits a law firm; Another Bloomberg crackdown in NYC: gender-differential […]

    June 11 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
  • Nortel portfolio now used for offense: “How Apple and Microsoft Armed 4,000 Patent Warheads” [Wired]
  • Via Bill Childs: “This shows up in Google News despite fact that it’s lawyer advertising.” [TheDenverChannel.com] At “public interest watchdog” FairWarning.org, who contributed this article about Canadian asbestos controversies? Byline credits a law firm;
  • Another Bloomberg crackdown in NYC: gender-differential pricing in haircuts and other services [Mark Perry]
  • A “Pro-Business Regulation Push” from Obama White House? Oh, Bloomberg Business Week, sometimes you can be so droll [Future of Capitalism]
  • “Trial Lawyers’ Support of Republican Candidates Yields Less Than Stellar Results” [Morgan Smith, NY Times; Examiner editorial; more from TLRPac on Texas election results]
  • “Community banks to Congress: you’re crushing us” [Kevin Funnell]
  • If an emergency injunction could stop one reality-TV show, why couldn’t it stop them all? [Hollywood Reporter]
  • Tags: , , , , , , ,

    June 11 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2012/06/june-11-roundup-3/feed/ 2
    Abraham Lincoln’s career-making patent case http://overlawyered.com/2012/06/abraham-lincolns-career-making-patent-case/?utm_source=rss&utm_medium=rss&utm_campaign=abraham-lincolns-career-making-patent-case http://overlawyered.com/2012/06/abraham-lincolns-career-making-patent-case/#comments Thu, 07 Jun 2012 19:46:53 +0000 http://overlawyered.com/?p=30339 Competition through patent suits, circa 1857: I’ve got a new post at Cato on how loser-pays works to improve the general fairness of an inevitably imperfect litigation system. Tweet Tags: Abraham Lincoln, loser pays, patent litigation

    Abraham Lincoln’s career-making patent case is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    Competition through patent suits, circa 1857: I’ve got a new post at Cato on how loser-pays works to improve the general fairness of an inevitably imperfect litigation system.

    Tags: , ,

    Abraham Lincoln’s career-making patent case is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2012/06/abraham-lincolns-career-making-patent-case/feed/ 0
    March 2 roundup http://overlawyered.com/2012/03/march-2-roundup-2/?utm_source=rss&utm_medium=rss&utm_campaign=march-2-roundup-2 http://overlawyered.com/2012/03/march-2-roundup-2/#comments Fri, 02 Mar 2012 14:30:02 +0000 http://overlawyered.com/?p=27943 Transportation Secretary Ray LaHood, who crusades against distracted driving, worsens the problem by honking at motorists he sees using phones [WTOP via Mike Riggs, Reason] Expensive new mandate for back-up cameras in cars may be delayed until after election [Ira Stoll and more, Ann Althouse] With reporter Lee Stranahan, the late Andrew Breitbart shone an […]

    March 2 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
  • Transportation Secretary Ray LaHood, who crusades against distracted driving, worsens the problem by honking at motorists he sees using phones [WTOP via Mike Riggs, Reason] Expensive new mandate for back-up cameras in cars may be delayed until after election [Ira Stoll and more, Ann Althouse]
  • With reporter Lee Stranahan, the late Andrew Breitbart shone an investigative spotlight on the USDA’s billion-dollar settlement with lawyers representing black farmers, and there was indeed much to investigate [Big Government]
  • Substance on floor may have been own baby oil: “Oiled Stripper Loses Slip and Fall Lawsuit” [Erik Magraken; B.C., Canada; related on-the-job pole-dance injuries here and here]
  • Honeywell’s new thermostat design deserves high marks, its patent litigation maybe not so much [Farhad Manjoo, Slate]
  • Socialism takes too many evenings: @ChadwickMatlin live-tweets Park Slope Food Co-op meeting [The Awl]
  • Auto bailout a success? Really? [Mickey Kaus, Todd Zywicki, Ted Frank, Prof. Bainbridge]
  • Way to go Maryland: proud of my state for enacting law recognizing same-sex marriage, signed by Gov. O’Malley yesterday [WaPo]
  • Tags: , , , , , ,

    March 2 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2012/03/march-2-roundup-2/feed/ 12