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
Oracle v. Google: How Google Could Lose on Appeal
I recently had the privilege of making a presentation on the Oracle v. Google copyright case at the Boston Bar Association (slides here), and although how Google could lose on appeal wasn't the focus of the talk, that's what I found myself thinking about after the program. Argument before the Court of Appeals for the Federal Circuit (CAFC) in Washington, D.C. is scheduled for December 4, 2013, and a decision is likely by late summer or early fall, 2014. I view the core issues that threaten...
Google Book Decision Would Have Thrilled My Father
When I began this blog in 2005 I discovered that I had one loyal reader: my father, Bennett Gesmer. After he passed away on July 4, 2010, just shy of age 90, I found a folder with printouts of all my posts in his desk. My father was a member of the "Greatest Generation." He was an Air Force captain in WWII. He spent two years in the Philippines, and the current tragedy there would have deeply saddened him. My father graduated from MIT with a degree in chemical engineering after the war, and...
Slides From BBA Presentation: “Oracle v. Google: Are APIs Copyrightable?”
Here are the slides from a presentation I made at the Boston Bar Association on November 13, 2013. The slides are embedded below, and a direct link to the file is here. [scribd id=183983032 key=key-2mpmquvle7g3678b55y9 mode=scroll]
Inevitable Disclosure Doctrine Fails Again (This Time In New York)
I've written about the "inevitable disclosure doctrine" many times over the years, most recently in a blog post focusing on Massachusetts case law. This line of cases arises when an employee does not have a noncompete agreement, but does have a non-disclosure/trade secret agreements. The employer then argues, based on the NDA/trade secret agreement, that the employee will ”inevitably” disclose the former employer’s trade secrets or confidential information in the course of working for 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