Intellectual Property Law

For Lawyers, the Game Is On

If you have kids you are trying to wean off of Playstation, Wii or Xbox, don’t leave this article around for them to read. Because a number of successful attorneys are attributing their current accomplishments to the sometimes extreme gaming habits of their youth.

Apr 2, 2009 2:40 AM CDT

Miami Firm Shrinks and Refocuses, But Doesn’t Implode, Founder Says

The 40-lawyer Miami law firm Kluger Peretz Kaplan & Berlin is losing two of its name partners and a dozen other lawyers, but it’s not imploding, according to founding partner Alan Kluger. The split is a result of the firm’s decision to focus on litigation and shed its bankruptcy and…

Mar 27, 2009 1:48 PM CDT

Ex-Client Seeks $10M Legal Fees Clawback Over Ill-Fated Patent Litigation

A former client is suing two law firms in an effort to recapture some $10 million in legal fees and costs from ill-fated patent infringement litigation. E-Pass Technologies is asserting negligent misrepresentation claims against the company’s former counsel in its California lawsuit, reports the Recorder. The defendants are New York…

Mar 24, 2009 6:36 PM CDT

Wisconsin Could Face Trademark Fight over Slogan ‘Live Like You Mean It’

Wisconsin is seeking trademark protection for its new slogan, “Live like you mean it,” but some critics are vowing a fight. The phrase has been used by motivational speakers, authors, a real estate developer and Bacardi, the Associated Press reports. Dietician Ellyn Luros-Elson co-wrote a book by that name and…

Mar 17, 2009 2:11 PM CDT

Judge Scolds Harvard Prof in RIAA Case

It was initially U.S District Judge Nancy Gertner’s idea that a pro se defendant in a high-profile file-sharing case should seek help from a renowned Harvard Law School professor. But she didn’t hesitate to lecture the errant law prof—and threaten him with sanctions—for ignoring discovery rules, recounts Robert Ambrogi in…

Mar 12, 2009 1:17 AM CDT

Novelist Clive Cussler Told to Pay $13.9M Legal Bill in Licensing Dispute

A best-selling novelist who lost a California lawsuit contending that moviemakers breached a licensing agreement had already been ordered to pay $5 million in damages. But now another $13.9 million has been added to his litigation tab. Under a Los Angeles Superior Court ruling this week, Clive Cussler must pay…

Mar 11, 2009 7:43 PM CDT

Quinn Emanuel Sues Major Lindsey: We Agreed to Pay for 1 Partner, Not Group

Quinn Emanuel Urquhart Oliver & Hedges was apparently thrilled to lure two intellectual property partners from Latham & Watkins last month. But when it came time to pay the bill for legal recruiter Major Lindsey & Africa’s work in luring David Nelson and Sean Pak from Latham, the Quinn firm…

Mar 6, 2009 1:16 AM CST

How Much Excerpting is Too Much? ‘Scraping’ Suits May Hone Fair Use Rules

It is considered a clear fair use of copyrighted material when bloggers excerpt a quotation and link to the online publication that initially printed it. In fact, newspapers and other publishers often welcome such excerpts, since they draw additional attention to the original work. But now a growing number of…

Mar 4, 2009 6:50 PM CST

Supreme Court Accepts Freelance Copyright Pay Case

The U.S. Supreme Court has accepted an appeal by Reed Elsevier, Thomson Reuters and other publishers seeking to reinstate a settlement providing compensation for the electronic republication of freelance articles. The 2nd U.S. Circuit Court of Appeals based in New York had tossed a nationwide 2005 settlement, worth as much…

Mar 2, 2009 4:54 PM CST

A Peek Inside Government Secrecy

It comes as no surprise to most that secrecy in government has been on the rise in recent years, but the amount of that secrecy may still stun you.

Mar 2, 2009 4:00 AM CST

Tool against ‘trolls’

Bothered by “patent trolls,” those pesky creatures who wait for inventions to hit the market and then cry, “I’ve got your patent; now pay me”? John Amster says he has a solution.

Mar 2, 2009 3:00 AM CST

Fish & Richardson Accused of Dropping Then Suing Client, Quickly

A former Fish & Richardson client says the law firm dumped it as a client, then turned around the next day and sued it for patent infringement on behalf of a rival company. Aliph Inc., which makes Bluetooth headsets, is seeking to disqualify the law firm, the Recorder reports. Aliph…

Feb 25, 2009 3:55 PM CST

Legal: Speedo LZR Racer; Not: Alleged Target Version of ‘Foxers’ Line?

In the hotly contested world of competitive sports, high-tech materials and innovative designs can shave critical seconds off an athlete’s time. So use of certain equipment, such as the Speedo LZR Racer suit many consider state-of-the-art, has been hotly debated in the governing bodies of various sports, and even the…

Feb 21, 2009 1:24 AM CST

Judge Reaffirms ‘Hot News Doctrine’ in AP Suit

A federal judge is allowing a copyright infringement suit by the Associated Press to proceed on the theory that the “hot news doctrine” applies to the Internet. AP is suing AHN Media Corp. and All Headline News Corp. for distributing its breaking news on the Internet in a service that…

Feb 19, 2009 5:26 PM CST

Microsoft Obtains 10,000th Patent

Microsoft now holds 10,000 U.S. patents, a milestone the company attributes to an effort to maximize the value of its research and development. “We feel that patents are the currency of innovation,” Microsoft’s chief patent counsel, Bart Eppenauer, told Managing Intellectual Property. Microsoft does not hold the record for U.S.…

Feb 18, 2009 5:17 PM CST