Posts tagged as:

patent trolls

October 21 roundup

by Walter Olson on October 21, 2010

  • “Japanese landlords sue families of suicide victims” [Telegraph via Tyler Cowen]
  • Best candidate you’ve never heard of: lawprof Jim Huffman runs for a U.S. Senate seat in Oregon [Weekly Standard]
  • “Freedom of culinary expression: Chefs speak out on behalf of salt” ["My Food, My Choice" via Ponnuru, NRO]
  • “In-House Counsel Expect More Regulatory Litigation, Survey Finds” [NLJ]
  • “Oladiran’s ‘Motion of the Year’ Earns Him Sanctions” [AtL]
  • Resisting a music-delivery-system claim: “Patent Trolls and Public Goods” [Julian Sanchez]
  • More transparency for New Jersey lawyer/lawmakers? [Philly.com]
  • “Ninth Circuit: marine mammals don’t have standing…yet” [six years ago on Overlawyered]

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Using a patent acquired from the much-criticized Intellectual Ventures, a company called Webvention claims to control broad rights over many common website features such as mouse rollover previews. It has begun suing many well-known companies (in East Texas, naturally) for alleged infringement; its licensing come-on letter to one target warned that if the $80,000 fee was not forthcoming the sum would rise after 60 days to $160,000 and after 90 days to $300,000. [Ars Technica; Joe Mullin, Patent Litigation Weekly] More: Coyote (“I am just waiting for the patent on breathing or metabolizing food.”)

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October 12 roundup

by Walter Olson on October 12, 2010

  • Representing Prof. Michael Krauss, Ted Frank will file objection to Classmates.com class action settlement [CCAF]
  • Not without condescension, Harvard historian/New Yorker writer Jill Lepore asks why Woodrow Wilson’s so disliked these days; Radley Balko offers some help [The Agitator, NYT "Room for Debate"]
  • China needs true private property rights, according to Charter 08 document, which helped Liu Xiaobo win Nobel Peace Prize [Tyler Cowen]
  • Axelrod “foreign funders under every rug” demagogy might be turned against his own allies [Stoll; New York Times refutes earlier Obama talking point; Atlantic Wire; Sullum]
  • R.I.P. influential class actions and mass torts scholar Richard Nagareda [Vanderbilt Law School]
  • “Web Seminar Makes Case for Patent Troll Lawsuit Targets to Fight Back” [Washington Legal Foundation Legal Pulse]
  • Contrary to WSJ report, if Congressional staffers are profiting in stock trades by way of insider knowledge, they probably do face some risk of legal liability [Bainbridge; a not entirely unrelated inside-trading controversy]
  • Underpublicized: “California’s Proposed ‘Green Chemistry’ Regulations Move Forward” [Wajert]

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August 6 roundup

by Walter Olson on August 6, 2010

How to respond to the emergence of assembly-line copyright-suit filers without undermining the right of content owners to stop unauthorized reprints that go beyond fair use? Max Kennerly raises the possibility of steering rights owners into agency complaints or arbitration as an alternative, or at least precondition, to court action. That might slow down the business model of groups like RightHaven, which has demanded in terrorem sums from mom-and-pop bloggers and other infringers and even asked courts to order seizure of the domains of otherwise legitimate target websites.

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Trend: patent lawyers emerge as their own parties in interest. [Bloomberg/BW via PoL] Earlier here and here.

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February 12 roundup

by Walter Olson on February 12, 2010

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“Almost a third of our portfolio is under attack by patent trolls. Is it possible that one third of the engineering teams in our portfolio unethically misappropriated technology from someone else and then made that the basis of their web services? No! That’s not what is happening. … Our companies are being attacked by companies that were not even in the same market, very often by companies they did not even know existed.” [Brad Burnham, Union Square Ventures via Pete Warden]

December 7 roundup

by Walter Olson on December 7, 2009

  • Woman jailed for “camcordering” after recording four minutes of sister’s birthday party in movie theater [BoingBoing]
  • Senate hearing airs trial lawyer gripes against Iqbal [Jackson and earlier, PoL, Wajert, Beck & Herrmann (scroll)] Franken and other Senators sidestep substance, browbeat witness re: “study” terminology [Alison Frankel, AmLaw]
  • Still time to cancel? “2009 is also the first year of global governance” — new EU president [Small Dead Animals]
  • Miller-Jenkins battle: judge orders custody switch to law-abiding spouse [Box Turtle Bulletin, background]
  • Speedy by government standards? 17 years ago DoT proposed Southeast high-speed rail on existing rights of way, ruling on environmental impact statement is expected next year [McArdle]
  • “New York’s New DWI Bill: Compounding Stupidity” [Greenfield; felony to drive intoxicated with passenger 15 or younger]
  • “Apple Told To Pay Patent Troll OPTi $21.7 Million” [Business Insider]
  • This year’s ABA Blawg 100 listing left out some legal blogs that aren’t half bad [Turkewitz]

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November 13 roundup

by Walter Olson on November 13, 2009

  • “Jailed Inventor Reveals Details of Patent Troll Settlements” [AmLaw Daily, IP Law and Business]
  • Sprinkler law inspired by Great White nightclub disaster could kill off small Seattle music venues [Nicole Brodeur, Seattle Times]
  • Court tosses law student’s suit against lawyer who boasted on air he’d pay a million bucks if anyone could prove him wrong about his case [Hoffman, ConcurOp; earlier]
  • Baseball-anthem case: “The Boston resident who saw his recent copyright claim against Bon Jovi dismissed is appealing the verdict.” [NME, earlier]
  • Man who climbed Mount Rainier while drawing workers’ comp pleads not guilty to fraud charge [KOMO; more on Washington workers' comp here, here and here]
  • Senate committee intends to vote next week on OSHA nomination of David Michaels without holding a hearing to air critics’ concerns [Carter Wood, ShopFloor]
  • Blawg Review #237 is at Christian Metcalfe’s U.K. Property Law Blog;
  • Are you sure you want to open that high-end restaurant in San Francisco given the city’s regulatory climate? [Crispy on the Outside citing SF Weekly interview with Daniel Patterson]

September 2 roundup

by Walter Olson on September 2, 2009

  • Cops in London borough “remove valuables from unlocked cars to teach the owners about safety” [UPI, Sullum/Reason "Hit and Run", Coyote]
  • “Trial starts for PI lawyer accused of paying bribes (to Texas insurance managers) for settlement” [ABA Journal]
  • Tort reform in Oklahoma takes effect Nov. 1, so law firm advises getting those lawsuits filed quickly [The Oklahoman]
  • Patent assembler Intellectual Ventures says it’s averse to suing. Its close partners, on the other hand… [Recorder, earlier]
  • Bill to assert U.S. control of waters whether “navigable” or not is major federal power grab [Kay Hutchison and Nolan Ryan, Dallas News]
  • California high court rules in Taster’s Choice photo-permission case [Lowering the Bar, WSJ Law Blog, earlier]
  • Civil libertarians, secularists protest as Ireland criminalizes blasphemy [Volokh, Irish Times (Dawkins), MWW and more]
  • He knows about big paychecks: “Obama’s ‘Pay Czar’ Made $5.76M Last Year as a Law Firm Partner” [ABA Journal]

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And did a small defendant wind up being added to the list of those sued in an intellectual-property suit just in order to secure venue in the plaintiff-beloved Eastern District of Texas? [Ars Technica]

A former partner at IP law firm Fish and Richardson who went into the invention business is “not so inventive, foes say”. [Joe Mullin, IP Law and Business, via Alison Frankel, AmLaw Daily] Related here and here (sixth item).

July 19 roundup

by Walter Olson on July 19, 2009

  • Federal court rules “shy bladder syndrome” an ADA-protected disability [World of Work via Hyman]
  • “Goldman Sachs Backs Down in Long Legal Battle With Blogger” [American Lawyer, WSJ Law Blog, Coleman, earlier]
  • San Diego: unforeseen consequences of “anti-blight” lender regulation [Outside the Box]
  • 1,000 lose jobs as environmental litigation halts Northern California refinery project [Wood, ShopFloor, update]
  • City of Detroit lawyers on ethical hot seat after former mayor’s texting coverup scandal [ABA Journal, earlier]
  • What happens when IP law firms breed homegrown patent trolls? [Ron Coleman]
  • “It’s kind of like the practice of law, except that the clients are more likely to leave happy.” [Glenn Reynolds being naughty on Instapundit]
  • U.K.: Owner of copyright to John Cage’s avant-garde “four minutes and thirty-three seconds of silence” work sues later impresario whose album track includes one minute of silence [seven years ago on Overlawyered; New Yorker treatment]

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Lawyer-driven entities with no manufacturing side are not the only ones making exorbitant demands for the use of marginal patents, critics charge (via). Related: Encyclopedia Britannica versus GPS systems.

Both sides actually manufacture products and everything.

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May 16 roundup

by Walter Olson on May 16, 2009

  • At Reason “Hit and Run”, Damon Root deems a certain website “indispensable” [accolades file]
  • Montgomery Blair Sibley, colorful lawyer for the “D.C. Madam” and a figure much covered on this site, has new book out [Doyle/McClatchy]
  • Although Indian tribal litigators attacked it as “disparaging”, the Washington Redskins football team can keep its trademark, for now at least. “My ancestors were both Vikings and Cowboys. Do I have a course of action?” [Volokh comments]
  • “Is Patent Infringement Litigation Up or Down?” [Frankel, The American Lawyer]
  • Maryland high court dismisses autism-mercury lawsuit [Seidel, Krauss @ Point of Law]
  • Chrysler dealers are lawyering up against the prospect of being cast off [WSJ Law Blog]
  • “Should doctors who follow evidence-based guidelines be offered liability protection?” [KevinMD]
  • Obama proposes $1.25 billion to settle black farmers’ long-running bias claims against the U.S. Department of Agriculture [AP/Yahoo]

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March 23 roundup

by Walter Olson on March 23, 2009

  • Probate court in Connecticut: bad enough when they hold you improperly in conservatorship, but worse when they bill you for the favor [Hartford Courant]
  • Does “Patent Troll” in World of Warcraft count as a character type or a monster type? [Broken Toys]
  • 102-year-old Italian woman wins decade-long legal dispute, but is told appeal could take 10 years more [Telegraph]
  • “This Cartoon Could Be Illegal, If Two Iowa Legislators Have Their Way” [Eugene Volokh]
  • David Giacalone, nonpareil commentator on attorneys’ fee ethics (and haiku), has decided to end his blog f/k/a. He signs off with a four-part series on lawyer billing and fairness to consumers/clients: parts one, two, three, four, plus a final “Understanding and Reducing Attorney Fees“. He’s keeping the site as archives, though, and let’s hope that as such it goes on shedding its light for as long as there are lawyers and vulnerable clients. More: Scott Greenfield.
  • Even they can’t manage to comply? Politically active union SEIU faces unfair labor practice charges from its own employees [WaPo]
  • Judge in Austin awards $3 million from couple’s estate to their divorce lawyers [Austin American-Statesman]
  • “Keywords With Highest Cost Per Click”, lawyers and financial services dominate [SpyFu]

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