http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 18:22:52 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 http://overlawyered.com/2011/12/december-13-roundup-2/ http://overlawyered.com/2011/12/december-13-roundup-2/#comments Tue, 13 Dec 2011 05:43:41 +0000 Walter Olson http://overlawyered.com/?p=26078

“The real cost of patent trolls” [Brad Feld, PoL on BU study] Survey finds patent litigation booming [Corporate Counsel, Reynolds Holding/Reuters] Company claiming patent on wi-fi-in-stores unlikely to sue retail customers “at this stage” [Patent Examiner] Retrospective on crustless-sandwich case [Peter Smith/Good, earlier]

Louisiana federal court holds severe obesity to be disability under ADA [Sam Bagenstos, related]

Florida: many cops remain on job despite evidence linking them to crimes [Balko on Sarasota Herald-Tribune investigation]

“FDA Regulation Could Doom Cigar Shops” [Jacob Sullum]

Ted Frank vs. Brian Fitzpatrick on class action fees [PoL, David Lat on Federalist Society panel]

Orange County keeps mum about partnerships it’s entered with plaintiff’s attorneys Robinson, Calcagnie and Thomas Girardi [Kim Stone, Fox & Hounds] Maybe like “private attorney generals”? Fannie/Freddie genre of government-sponsored enterprises called “monstrous moral hybrids” [Mark Calabria, Cato]

Posner: lawyers appeared more likely to run junk-fax suit for own interests than clients’ [Beck, Trask (Creative Montessori Learning Centers v. Ashford Gear LLC)]

Tags: class actions, Florida, Los Angeles, obesity, patent litigation, patent trolls, police, public employment, tobacco

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]]> http://overlawyered.com/2011/12/december-13-roundup-2/feed/ 2 http://overlawyered.com/2011/08/whos-suing-whom-in-the-mobile-business/ http://overlawyered.com/2011/08/whos-suing-whom-in-the-mobile-business/#comments Wed, 03 Aug 2011 12:05:17 +0000 Walter Olson http://overlawyered.com/?p=24133 A pretty graphic depicting a not-so-pretty situation [Design Language News; more, FlowingData] Related: “When Patents Attack,” NPR; Will Wilkinson, “Patents Against Prosperity”, The Economist; “Good Defensive Patents Are Bad Patents,” Julian Sanchez.

Tags: cellphones, patent litigation, patent trolls

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]]> http://overlawyered.com/2011/08/whos-suing-whom-in-the-mobile-business/feed/ 3 http://overlawyered.com/2010/12/december-4-roundup-2/ http://overlawyered.com/2010/12/december-4-roundup-2/#comments Sat, 04 Dec 2010 05:17:29 +0000 Walter Olson http://overlawyered.com/?p=20476

Will they get group discounts on lawyers? Groupon vs. MobGob patent brawl [TechCrunch]

Why American courts should sometimes recognize Islamic law [series of Eugene Volokh posts]

No, it’s not a “public health issue”: “The Case Against Motorcycle Helmet Laws” [Steve Chapman, syndicated/RCP]

Failed system of justice on some Indian reservations [McClelland, Mother Jones]

Ten years ago: Morgan Lewis & Bockius handed mlb.com domain over to its client Major League Baseball [Ross Davies, SSRN]

City of Boston adds insult to injury after employee runs into building [TJIC, Popehat]

Citing fans’ drug use, feds seek forfeiture of farm used for Grateful Dead tribute concerts [Greenfield]

Johann Sebastian Bach, serial copyright violator [Cavanaugh, Reason]

Tags: baseball, Boston, copyright, forfeiture, Indian tribes, international law, music and musicians, patent litigation, public health

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]]> http://overlawyered.com/2010/12/december-4-roundup-2/feed/ 0 http://overlawyered.com/2010/04/software-startups-and-patent-litigation/ http://overlawyered.com/2010/04/software-startups-and-patent-litigation/#comments Tue, 13 Apr 2010 05:18:26 +0000 Walter Olson http://overlawyered.com/?p=16910 “Knowing why and how startups can be sued into oblivion will give you a new appreciation for the problems in the patent system.” [Sawyer at Feld Thoughts via Pete Warden]

Tags: patent litigation, technology

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]]> http://overlawyered.com/2010/04/software-startups-and-patent-litigation/feed/ 1 http://overlawyered.com/2010/03/eastern-district-of-texas/ http://overlawyered.com/2010/03/eastern-district-of-texas/#comments Fri, 12 Mar 2010 17:13:09 +0000 Walter Olson http://overlawyered.com/?p=16432 Explaining the role of the nation’s most famous venue for patent litigation [Brad Feld, Tech Review]

Tags: Eastern District of Texas, patent litigation

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]]> http://overlawyered.com/2010/03/eastern-district-of-texas/feed/ 0 http://overlawyered.com/2010/03/apple-multitouch-lawsuit/ http://overlawyered.com/2010/03/apple-multitouch-lawsuit/#comments Thu, 11 Mar 2010 16:44:03 +0000 Walter Olson http://overlawyered.com/?p=16385 Farhad Manjoo at Slate thinks the tech firm’s suits against competitors illustrate why “the patent system is in desperate need of reform”. And the New York Times “Bits” ran a chart last week showing the spaghetti-like tangle lawsuits among various mobile phone makers. More: Ryan Kim, San Francisco Chronicle.

Tags: Apple, cellphones, patent litigation

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]]> http://overlawyered.com/2010/03/apple-multitouch-lawsuit/feed/ 0 http://overlawyered.com/2010/03/march-4-roundup-2/ http://overlawyered.com/2010/03/march-4-roundup-2/#comments Thu, 04 Mar 2010 05:12:31 +0000 Walter Olson http://overlawyered.com/?p=16343

“Toyota Recall: Scandal, Media Circus, and Stupid Drivers” [Dushane, Car & Driver via Prof. Bainbridge] Some parallels with Audi sudden-acceleration panic [Michael Fumento, who also questions recent numbers] More: Mike Allen, Popular Mechanics via Instapundit (”why widespread theories about electrical throttle problems and electromagnetic interference are misguided”); and Fumento on braking capacity.

Overly hot sandwich caused $2 million worth of damages, he says, though it’s true he didn’t seek immediate medical attention [Lowering the Bar, earlier]

Rick Esenberg on judicial recusal wars in Wisconsin and nationally [Point of Law first and second posts] In Circle of Greed, lawyer/felon Lerach flings recusal issue against late father of Carly Fiorina [Gerstein, Politico; our earlier Lerach coverage]

And more: Notwithstanding earlier denials, Lerach did lobby President Clinton to veto securities litigation reform act [Gerstein, Politico]

Claim by Connecticut AG and Senate candidate Richard Blumenthal: lawsuits he files “actually create jobs” [Wood, PoL]

Setback for prolific patent litigant Bender [Zura via Joe Mullin, related]

Following complaints by traditional video store competitors, prosecutor threatens criminal charges unless DVD rental kiosks remove R- and even PG-rated films [Indianapolis Star via Indiana Law Blog]

Lawyers send clients to chiropractor, he sends clients to lawyers, circle of life continues [Louisville Courier-Journal via Legal Blog Watch]

Tags: Connecticut, food safety, judges, patent litigation, prosecution, Richard Blumenthal, securities litigation, Toyota, Wisconsin

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]]> http://overlawyered.com/2010/03/march-4-roundup-2/feed/ 3 http://overlawyered.com/2010/02/dozens-of-companies-sued-over-patent-false-markings-in-recent-weeks/ http://overlawyered.com/2010/02/dozens-of-companies-sued-over-patent-false-markings-in-recent-weeks/#comments Wed, 24 Feb 2010 20:05:48 +0000 Walter Olson http://overlawyered.com/?p=16244 Per Joe Mullin, many of the plaintiffs appear to be attorneys. [Justin Gray, Gray on Claims; earlier here and here] [Corrected Wed. evening: Mullin says in email he initially overestimated the number of suits filed directly on attorneys' behalf.]

Tags: patent litigation, patent marking

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]]> http://overlawyered.com/2010/02/dozens-of-companies-sued-over-patent-false-markings-in-recent-weeks/feed/ 1 http://overlawyered.com/2010/01/january-18-roundup-2/ http://overlawyered.com/2010/01/january-18-roundup-2/#comments Mon, 18 Jan 2010 14:51:53 +0000 Walter Olson http://overlawyered.com/?p=15640

Already-infamous Coakley-for-Senate rape-ad mailer: did they really line up all those photo permissions? [Lopez, NRO] Earlier on photo-permissions legal exposures here, here, here, here, here, here, here, etc.

“Maricopa County Attorney Andrew Peyton Thomas: Blame the Libertarians!” [Balko, earlier]

Georgetown lawprof Robin West takes such a rude tone with homeschoolers, it’s enough to make you wonder who brought her up [Common Room, Izzy Lyman/Big Journalism, "The Harms of Homeschooling" (PDF)] Parents charged with child endangerment for homeschooling their kids without submitting lesson plans [Albany Times-Union]

Videogames and the ADA: “Sony Launches Defense to Gamer’s Equal Access Suit” [OnPoint News, earlier]

Regulations may spell end for independent New England fishermen [AP/MSNBC, earlier]

Veteran California pol Willie Brown criticizes civil service entrenchment [Kaus] Government employment has its privileges [Stuart Greenhut, Reason]

New Jersey appeals court reverses $260K award over student’s fatal window fall at Fairleigh Dickinson U. [Star-Ledger]

Georgia federal judge orders plaintiff to pay $268K costs of discovery for stretching patent claims [Fulton County Daily Report]

Tags: art and artists, civil service, colleges and universities, disabled rights, discovery, loser pays, Massachusetts, patent litigation, Phoenix, schools, videogames, web accessibility

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]]> http://overlawyered.com/2010/01/january-18-roundup-2/feed/ 9 http://overlawyered.com/2009/10/claim-facebook-infringes-our-patent/ http://overlawyered.com/2009/10/claim-facebook-infringes-our-patent/#comments Mon, 26 Oct 2009 04:05:54 +0000 Walter Olson http://overlawyered.com/?p=14377 “Phoenix Media/Communications, which owns The Boston Phoenix and other local alternative weeklies and websites, is suing popular social networking site Facebook for allegedly violating a patent related to setting up online personal profile pages.” [Boston Globe]

Tags: Boston, Facebook, patent litigation

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