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
Mister Softee Bitten By Waiver Under FRCP 50
I’ve written before about how dangerous waiver is for lawyers. It lurks everywhere, like sharp coral just a few inches beneath the water off an inviting tropical beach. In Microsoft’s recent loss to i4i in federal court in Texas affirmed by the Federal Circuit, Mister Softee (stock trader slang for Microsoft), found itself hung up on a reef with razor sharp coral when the Federal Circuit may have refused to reverse a $290 million trial verdict on what the court considered a waiver...
An Early Open Source License
One of the first open source copyright licenses: This song is Copyrighted in U.S., under Seal of Copyright # 154085, for a period of 28 years, and anybody caught singin it without our permission, will be mighty good friends of ourn, cause we don't give a dern. Publish it. Write it. Sing it. Swing to it. Yodel it. We wrote it, that's all we wanted to do. Said to be Woody Guthrie's copyright notice.
There are a lot of pissed off law students and recent grads out there …..
I considered tagging this under "humor," but that wouldn't be right. Several more of these at the author's Youtube site
File Under: Strange Communications I Have Received
Email Received December 28, 2009: Good day May I use the spirit of this season to introduce myself to you and at the same time introduce my intentions to you? I am Mr. Robert Duke one of the portfolio funds managers of The Scottish Investment Trust Plc. The largest and oldest Independent self managed funds Management Company in the United Kingdom with over £450 billion Capital Investment Funds. Nevertheless, as a Scottish Investment Funds Manager, I handle all our Investor's Direct Capital...
Listen to Oral Argument in Bilski v. Kappos
Well, sort of. You can wait until the end of the term to hear oral argument in Bilski v. Kappos, or you can listen to Professor Doug Lichtman's students' impassioned reading of the transcript, on the superb Intellectual Property Colloquium. I found this reading to be very accessible - a new twist on audiobooks. IP Colloquium is by far my favorite legal podcast. Professor Lichtman has great guests and provides thoughtful commentary. This Shakespearean treatment of an appeal hearing is...
Tenenbaum Final Judgment
Update: Link to First Circuit's Decision Rejecting Constitutional Grounds for Reducing Statutory Damages, issued September 16, 2011. ____________________ Final judgment in Sony v. Tenenbaum entered by Judge Nancy Gertner today. The 30 day appeal clock starts to run. Should be interesting to see what the First Circuit does with this one, although I suspect that the betting is heavy in favor of quick affirmance. A few choice quotes from Judge Gertner's opinion, which is provided in full below...
				

