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
Oral Argument in eBay v. MercExchange (updated)
Patents. Here is a summary of the oral argument before the Supreme Court earlier this week, in the eBay v. MercExchange case, discussed earlier in this blog. [link] The summary of oral argument (which apparently gave no clear clues to the outcome) is on the excellent SCOTUSblog [link]. UPDATE (April 18, 2006): Here is a link to the transcript of oral argument before the Supreme Court [link] The argument contains a humorous exchange between Carter Phillips, counsel for eBay, and Justice...
No New Consideration, No Enforceable Noncompete
Noncompete Agreements. Clients frequently present the following issue: we have existing employees who have not signed noncompete agreements. We'd like to ask them to sign them. Any problem with that? The knowledgeable lawyer then struggles with the following question: does the employee need to be given some consideration for the noncompete to be enforceable? Consideration is not an issue when an employee signs a noncompete at the beginning of employment, since the job itself provides the...
What Did You Say Your Trade Secrets Were?
Trade Secrets, Procedure. Warning: if you're seeking discovery in a trade secret case in the Suffolk Business Litigation Session make sure that you have (a) provided the court with a detailed description of your trade secrets, and (b) filed a protective order that strictly complies with the Uniform Rules of of Impoundment. For a recent decision making these points, written by Judge Allan Van Gestel in the Suffolk Business Litigation Session, click [here]. The decision, Tourtellotte Solutions,...
Oral Argument Upcoming in eBay v. MercExchange
Patents. On Wednesday, March 29, 2006, the Supreme Court of the United States (SCOTUS) will hear oral argument in eBay v. MercExchange. The issue is whether the owner of a patent (in this case MercExchange) has the right to enjoin (or stop) an infringer (eBay) from selling an infringing product or service - in this case eBay's popular "Buy It Now" (or, to eBay aficionados, "BIN") purchase feature. A jury has already found that eBay infringed MercExchange's patent on this technology, and...
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