Mass Law Blog
Intellectual property and business litigation, Massachusetts and nationallyWritten by humans
Lee Gesmer’s Mass Law Blog began in 2005, and contains almost 600 posts. The site initially focused on Massachusetts law, but today it follows business and intellectual property law nation-wide. The site is hosted by Gesmer Updegrove LLP, a law firm based in Boston, Massachusetts. The firm represents startup and established companies in the areas of litigation, transactions (including financings, mergers and acquisitions), IP rights, taxation, employment law, standards consortia, business counseling and open source development projects and foundations. You can find a summary of the firm’s services here. To learn how Gesmer Updegrove can help you, contact: Lee Gesmer
Smith Barney/Citigroup: Darn, Foiled Again!
Albert Einstein once said that "the definition of insanity is doing the same thing over and over again and expecting different results." By this measure, Smith Barney has a problem. In a recent case decided by Judge Gants in the Suffolk Business Litigation Session, Smith Barney sought a preliminary injunction against Michelle Griffin, who had held several positions with Smith Barney, culminating in "financial advisor." When Ms. Griffin began at Smith Barney (then Shearson Lehman) in 1994, she...
Judge Young's Decision in the Situation Management Copyright Case
Many lawyers in Massachusetts would agree that Massachusetts Federal District Court Judge William Young is one of the most erudite judges in the district. Yet, he has written relatively few copyright law decisions in his 23 years on the federal bench. A Westlaw search shows that he has authored fewer than ten substantive copyright decisions. In a decision issued on February 28th in the case Situation Management Systems v. ASP Consulting Group, Judge Young undertook the question that has caused...
"A Million Here, A Million There, and Pretty Soon …." Judge Harrington Awards $10 Million in Attorney's Fees in Medtronic Patent Litigation
The Patent Statute states: The court in exceptional cases may award reasonable attorney fees to the prevailing party. 35 U.S.C. 285. While finding no "willfulness" in the underlying infringment, Judge Harrington has imposed attorney's fees of $10 million based on Medtronic's trial conduct in the long-running Medtronic/Depuy Spine patent infringement litigation. Specifically, Judge Harrington concluded that Medtronic's lawyers attempted to "mislead and confuse the jury in a manner inconsistent...
It's Difficult to Get a Preliminary Injunction in a Patent Infringement Case (understatement)
When you can prove that you likely are the victim of copyright or trademark infringement, or trade secret misappropriation, you have a good shot at getting a preliminary injunction (if you can afford the bond). That's because there is a legal "presumption" of irreparable harm associated with these types of IP claims. Prove likelihood of success and you are well on your way to the promised land of "irreparable harm." But, this is not true in patent cases. It's quite difficult to get a...
This site is hosted by Gesmer Updegrove LLP, a technology law firm based in Boston, Massachusetts. You can find a summary of our services here. To learn how GU can help you, contact:
Lee Gesmer