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
Judge Gertner's Injunction in iRobot Case
iRobot's trade secret case against Robotic FX has attracted a fair amount of attention in Boston, and has been reported in detail by Xconomy here. On Friday Judge Gertner issued her decision on iRobot's motion for preliminary injunction, which has been posted by Xconomy here. I'll update this posting once I've had a chance to read her Order in detail.
You Can Judge a Man by the Poetry He Reads
According to the October 22, 2007 Time Magazine cover article on the Supreme Court ("Inside the Incredibly Shrinking Role of the Supreme Court, and Why John Roberts is O.K With That" (link)), every year, in January, Chief Justice John Roberts rereads the poem, "The Vanity of Human Wishes," written by Samuel Johnson and first published in 1749. This is, the article says, a ritual John Roberts has followed since he was an undergrad at Harvard in the 1970s. The poem, according to Time, is "a...
It’s A Tough Job, But Somebody’s Got To Do It
Litigation over noncompete agreements rarely gets this interesting. The Contestants. In one corner you have Howie Carr, one of the most popular talk show hosts in the country. In next corner (there are players in all four corners of this ring) stands Entercom Boston, owned by Entercom Communications, one of the largest radio broadcasters in the U.S. and owner of Boston radio station WRKO-AM, which hosts the popular Howie Carr Show. Opposite WRKO stands Greater Media, owner of numerous media...
Conduct in Standard Setting Can Violate the Sherman Act
Antitrust. It shouldn't be a surprise that it might be illegal under the antitrust laws for a company with a 90% marketshare in a key, patented technology to agree as a member of a standards developing organization that it would license its technology on "fair, reasonable and non-discriminatory" (or FRAND) terms if that technology is included in the standard, and then, after adoption, violate that pledge. Nevertheless, a federal district court held that Qualcomm could not be held liable under...