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
So This Is How Jurors Think – Who Would Have Guessed?
Jurors like to be able to submit written questions during trial (who wouldn't want that option?) Jurors like preliminary jury instructions from the judge (who wouldn't want to be oriented on the legal issues in the case at the outset?) Jurors like interim statements by counsel, rather than waiting until the end of the case (who wouldn't like to be told what's going on at various points during a long trial, rather than have to wait until the end, when it may be difficult to remember the...
Will the FTC Appeal the D.C. Circuit's Decision in FTC v. Rambus?
At least one FTC Commissioner recently stated that he would support an appeal: As I said earlier, I personally support a petition for certiorari in Rambus. I think the D.C. Circuit’s decision is wrong and given the fact that it rests on important legal principles respecting causation in Section 2 cases. I think its implications are much broader than the standard setting context. The petition is due in mid- November and it is my hope that the Solicitor General weighs in to support us on this...
Chief Judge Paul R. Michel, United States Court of Appeals for the Federal Circuit:
. . . the Supreme Court can only decide a couple of patent cases even in a banner year. And, many important patent issues may be so obscure as to discourage its generalist judges from addressing them. The rest, necessarily, are left to us. We have the expertise and the will to resolve doctrinal problems. What we lack is mainly the opportunity. Why for example did it take a full decade to revisit State Street? Because no one asked us to until recently. The same can be said of the central issue...
New Massachusetts Rules on Data Security a Game Changer
The department of consumer affairs and business regulation shall adopt regulations relative to any person that owns or licenses personal information about a resident of the commonwealth. Such regulations shall be designed to safeguard the personal information of residents of the commonwealth ... M.G.L. Chapter 93H: Section 2 Here is a link to the Executive Order signed by Governor Patrick on September 19, 2008. The Executive Order applies to State agencies; the regulations apply to the private...
Hey, It's Not Like President Bush Isn't Doing Anything Important These Days! or, Fresh Evidence That the True Course of Civilization is Upward
Here is the text of new Federal Rule of Evidence 502, eliminating waiver resulting from inadvertent disclosures of attorney-client privileged or work-product materials in federal litigation: Federal Rule of Evidence 502 (signed into law September 19, 2008) The following provisions apply, in the circumstances set out, to disclosure of a communication or information covered by the attorney-client privilege or work-product protection. (a) Disclosure made in a federal proceeding or to a federal...
The Laugh Test
[Update: decision denying Blockshopper's Motion to Dismiss] [Update: Jones Days' Opposition to Blockshopper's Motion to Dismiss] Blockshopper.com is one of many small web sites that have sprung up to follow local residential real estate markets. So far, the site highlights purchases in upscale neighborhoods in Chicago, St. Louis, South Florida and Las Vegas. The site identifies purchasers by name, street address of the property and the price paid. Of course, this information is available in...
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Lee Gesmer