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Zealous Advocacy, or Abuse of Advocacy?

In the Medtronic v. BrainLab patent litigation in U.S. District Court in Colorado, Senior U.S. District Judge Richard P. Matsch has sanctioned Medtronic Navigation, Inc. and its lawyers $4.3 million,...

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Judge Gants' Decision in NERA v. Evans

One of the great benefits of the Suffolk Business Litigation Session (the BLS) is that the judges tend to write detailed opinions explaining their decisions. This tends to be less true elsewhere in the...

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Supreme Court Will Decide Whether Ignorance is a Defense to the Federal Crime...

Today, the Supreme Court agreed to decide this issue: Whether an individual who used a false means of identification but did not know it belonged to another person can be convicted of “aggravated...

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Judge Fabricant's Preliminary Injunction Decision in HRH v. Sheppard

Attached below is Judge Judith Fabricant’s lengthy decision in Hilb Rogal & Hobbs v. Sheppard, decided by Judge Fabricant in the Suffolk Business Litigation Session early this year. To my...

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There are a lot of pissed off law students and recent grads out there …..

I considered tagging this under “humor,” but that wouldn’t be right.  Several more of these at the author’s Youtube site

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Don’t Mess With Texas

I’ve written before about how generous juries in the federal courts in the Eastern District of Texas (EdTX) are to patent plaintiffs. (link).  After I wrote about this a year ago there was a feeling...

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Redigi Case Poses A Novel Copyright Question on the Resale of Digital Audio...

You know all those used music stores you used to love to go to back in the day when you bought music on CDs?  You could browse through used CDs and buy them for less than retail.  Maybe you still do...

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Federal Judge Tells Redigi to Shut It Down

As I reluctantly predicted last week, U.S District Court Judge Richard Sullivan has ruled that Redigi’s digital resale business is not protected by the first sale doctrine. His March 30, 2013 decision...

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For Lawyers Turned Video-Porn Mass Copyright Plaintiffs, Litigation May Not Pay

I didn’t think I’d have a chance to write another “what were they thinking” post only two weeks after the last one. But, here goes …. I’ve written about Bittorrent swarm mass copyright suits in the...

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Whitey Bulger and Gorky Park

“The FBI is an unindicted coconspirator in the massive racketeering case against Whitey.” – Kevin Cullen, Boston Globe, June 14, 2013 _______________ I wonder if Martin Cruz Smith had Bulger in mind...

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Viacom Has Chutzpah (or Perhaps Bad Judgment) to Suggest That Second Circuit...

“The thing to fear is not the law, but the judge.” – Russian Proverb  _____________________________ Viacom has filed its opening brief in its second appeal in Viacom v. Youtube. This long-running...

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Guest Post: There Is No Substitute For Taking a Risk

“ In actual life, every great enterprise begins with and takes its first step forward in faith. ” — August Wilhelm von Schlegel ____________________ Now that Christmas is over its time to start...

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Mass Law Blog Updates, Week Ending January 17, 2014

Massachusetts district court judge O’Toole denies a motion to dismiss copyright claims based in part on foreign publication, where plaintiff asserts that the foreign conduct stems from a domestic...

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Mass Law Blog, Update Week Ending March 21, 2014

9th Circuit holds copyright registration of a collective work registers the component works within it. Alaska Stock v. Houghton Mifflin (link) The PTO held its first Public Meeting on the...

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Slides from MIT Copyright Class (3/13/2015)

Stephen Lyons, a friend and attorney at Klieman & Lyons, asked me to guest-lecture the Law & Technology class he is teaching at MIT this semester. I only had one class period, so I decided to...

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Unattributed Online Material Does Not Qualify as a “Learned Treatise” in...

Lawyers can cross examine experts by questioning them with a “learned treatise” – what a non-lawyer might describe as an authoritative book or article written by an expert in the field. For example, if...

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Sotomayor, Kagan ….?

I’m not a constitutional law expert, but I can’t help but picture this scenario. The senate refuses to schedule confirmation hearings for an Obama Supreme Court nominee. Obama does the natural thing –...

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