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Mass Law Blog

Intellectual property and business litigation, Massachusetts and nationally
Written 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

Viral Video, YouTube and Whack-a-Mole, or Why Mark Cuban is Wrong

I quote from News.com on September 28th: Cuban, co-founder of HDNet and owner of the NBA's Dallas Mavericks, also said YouTube would eventually be "sued into oblivion" because of copyright violations. "They are just breaking the law," Cuban told a group of advertisers in New York. "The only reason it hasn't been sued yet is because there is nobody with big money to sue." * * * Cuban said "anyone who buys that (YouTube) is a moron" because of potential lawsuits from copyright violations. "There...

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Lies, Damn Lies, and Statistics

I've been meaning to post some statistics reported by Price Waterhouse Coopers at the MCLE 9th Annual Intellectual Property Conference earlier this year. PWC has done a rigorous study of patent and trademark cases in the Federal District Courts and at the Court of Appeals for the Federal Circuit (CAFC) over the last 25 years. A few highlights and trends: In 2005, 4% of patent cases and 1.5% of trademark cases went through trial. (Presumably the balance were resolved via settlement or summary...

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Project Posner

Tim Wu and Stuart Sierra, a Columbia Law School professor and web designer respectively, have launched Project Posner, a web site offering unheard of access to Judge Richard A. Posner's legal opinions, in searchable format. And yes, the creators -- who are certainly not alone in this view -- pronounce that "Richard Posner is probably the greatest living American jurist." If, however, you still find yourself wondering: why should I care?, Project Posner has you covered. Project Posner offers...

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Old Lawyers Never Die, They Just Lose Their Appeal

We repeat this bumper sticker joke meaning no disrespect for U.S. District Court Judge Robert E. Keeton, who has retired at age 86 after 27 years on the federal bench. His retirement was effective September 8, 2006. You can find a link to the official announcement here. Since being appointed to the bench in 1979, Judge Keeton presided over a number of significant cases, including a groundbreaking software copyright case involving Lotus 1-2-3 and the prosecution of political activist Lyndon...

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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