Posts Tagged ‘patent trolls’

Eastern District of Texas branches out

Marshall, Texas, famed as patent plaintiffs’ forum of choice, returns a $663 million False Claims Act verdict against Trinity Industries in guardrail supply case [Insurance Journal; earlier on the unique qualities of the Eastern District of Texas, earlier on the Trinity litigation here and here]

And more Marshall fun: Texas patent holding company files 49 lawsuits in a week, isn’t listed on own office building’s directory [Legal NewsLine]

May 27 roundup

  • All aboard! “Louisiana AG hires nine private law firms, 17 attorneys for federal antitrust pharmaceutical lawsuit” [Legal NewsLine]
  • National Association of Insurance Commissioners has, and exploits, legally privileged status as collector of insurance data. Time for open access [Ray Lehmann]
  • Europe’s antitrust charges against Google remind us of “the poverty of the standard antitrust doctrine” [Pierre Lemieux]
  • Court blasts Morrison Foerster for ‘nonsensical’ legal theories and ‘carnival fun house’ arguments [ABA Journal]
  • “Trolls aren’t the primary problem with the patent system. They’re just the problem Congress is willing to fix.” [Timothy Lee, Vox] What makes you think lawyers and rent-seekers aren’t going to turn “patent reform” to their own purposes? [Mark Mills]
  • “It only goes that one direction, too.” Rachel Maddow recognizes the fairness problem with one-way fee shifting, this one time [Huffington Post on pro-defendant Colorado firearms law]
  • CPSC still going after Zen Magnets, which isn’t backing down [Nancy Nord, earlier]

“Infamous ‘podcasting patent’ knocked out”

“A year-and-a-half after the Electronic Frontier Foundation created a crowd-funded challenge to a patent being used to threaten podcasters, the patent has been invalidated. …Personal Audio gave up on getting royalties from podcasters in 2014 after a lawsuit against comedian Adam Carolla almost went to trial.” [Joe Mullin, ArsTechnica, earlier on Carolla’s efforts]

Food roundup

  • If the law was symbolic, consumers were apparently unswayed by its symbolism: L.A. zoning ban on new freestanding fast-food restaurants had no effect on obesity [The Guardian, NPR, Baylen Linnekin, earlier]
  • More on draft new federal dietary guidelines: “Report lays groundwork for food ‘interventionists’ in schools, workplaces” [Sarah Westwood, Washington Examiner, earlier, public comment open through April 8]
  • Opposition to GMOs is not humanitarian [Telegraph] Washington Post editorial rejects labeling on GMO foods;
  • Baker fell afoul of French law by keeping his boulangerie open too often [Arbroath]
  • A sentiment open to doubt: “There is a great need for lawyers to utilize their policy and litigation tools in the fight for a better food system.” [Melanie Pugh, Food Safety News]
  • “Food policy” progressives “whistle same tune as large food producers on issue of food safety” [Baylen Linnekin, related on single-agency scheme, more Linnekin on competition-through-regulation among makers of wine corks]
  • Why restaurant operators need to know about patent trolls [James Bickers, Fast Casual]

Downfall of Harry Reid, cont’d

Gordon Crovitz reminds us not to underestimate the significance of the episode in which Sen. Harry Reid, at the behest of plaintiff’s lawyers, torpedoed legislation meant to restrain the activity of patent trolls. The technology community, formerly very friendly to Democrats in its politics, began taking more seriously the danger to its interests of a Senate in which Mr. Reid enjoyed a blocking role. [Wall Street Journal]

P.S. David Bernstein at Volokh doesn’t hold back from telling us what he thinks of Sen. Reid’s constant use of the Senate floor to attack private businesspersons and citizens by name.

Intellectual property roundup

  • “Our mangled patent system,” Cato podcast [with Eli Dourado of the Mercatus Center] Critique of federal circuit [Dourado at Cato Unbound]
  • Since SCOTUS’s June decision in Alice v. CLS Bank, many courts have struck down software patents as too-abstract [Timothy Lee, Vox]
  • Iqbal-Twombly principles as remedy for patent trollery? [Daniel Fisher]
  • ISP resists mass copyright enforcement enterprise’s demand for customer list [DSL Reports]
  • Win for Personal Audio in E.D. Tex.: “Jury finds CBS infringes podcasting patent, awards $1.3 million” [ArsTechnica]
  • “Premier League Uses Copyright To Pull Down YouTube Video Of Professor Advocating For Stronger Copyright For Premier League” [Mike Masnick, Techdirt]
  • A new leaf? “Silicon Valley’s Most Hated Patent Troll Stops Suing and Starts Making” [Business Week]

September 2 roundup

  • Police have traced the crime wave to a single micro-neighborhood in the California capital [Sacramento Bee]
  • “Adam Carolla Settles with the Patent Trolls” [Daniel Nazer/EFF, Reason, related eight days earlier and previously] eBay takes on Landmark in the E.D. of Texas [Popehat]
  • Frank Furedi on law and the decline in childrens’ freedom to roam [U.K. Independent]
  • On “ban the box” laws re: asking about job applicants’ criminal records, it’s sued if you do, sued if you don’t [Coyote]
  • Fake law firm websites in U.K. sometimes parasitize the real ones [Martha Neil, ABA Journal]
  • What C. Steven Bradford of the blog Business Law Prof reads to keep up (and thanks for including us on list);
  • As applications to renounce U.S. citizenship mount, many related to FATCA, our government hikes fee for doing so by 422% [Robert Wood, Forbes]

Intellectual property roundup

  • “Kanye West Sues Coinye Altcoin into Oblivion” [CoinDesk]
  • Not new, but new to me: animated riff on Hindu “Ramayana” saga winds up in public domain because of inability to clear copyright on songs of Jazz-Age vocalist Annette Hanshaw [Nina Paley, “Sita Sings the Blues”]
  • “Update: Supreme Court Issues Two More Patent Law Rulings” [WLF; Limelight and Nautilis]
  • On copyright, more litigious not always better: “The Authors Alliance vs. The Authors Guild” [Alex Tabarrok quoting Virginia Postrel]
  • “Thwarting ‘patent trolls': Not as easy as it sounds” [Michael Rosen, AEI] “Trolls and Trial Lawyers Should Curb Their Enthusiasm Over Patent Reform Timeout” [Cory Andrews, WLF]
  • “I realized that receiving a patent really just meant that you bought a lottery ticket to a lawsuit” – [Elon Musk, Tesla; Brad Greenburg, Concurring Opinions]
  • Ready for Hillary is latest political campaign to fire off takedown demand against satirical product [Paul Alan Levy]