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
Popping A Bubble in Texas
"a renegade jurisdiction" Justice Antonin Scalia, referring to Marshall, Texas, during oral argument in eBay v. Mercexchange ______________________ There are all kinds of bubbles - stocks, commodities, housing, tulip bulbs, and even litigation. The Eastern District of Texas (EDtTx) has been the scene of a patent law bubble for the last seven years. However, like all bubbles, it can't last forever, and it's only a matter of time before this one pops. The patent litigation history of EDtTx and...
Patent Reexamination Used to Stall Patent Enforcement
Here's a link to an interesting article in the May 5, 2008 issue of Forbes, that highlights the use of anonymous, ex parte requests for reexamination of issued patents to the Patent Office. The result of a reexamination is to stall enforcement of the patent. The article highlights the plight of Anthony Brown, a lawyer who purchased the patent for compression of an electronic file for transmission over a communications line (think JPEG, this ubiquitous). Before Brown purchased this patent it...
EDTex Giveth, CAFC Taketh Away
One of the largest jury verdicts in the notoriously plaintiff- friendly Federal District Court for the Eastern District of Texas was the June 2006 $79 million jury award, enhanced for wilfulnes by $25 million by U.S. District Judge Ron Clark in the case of Finisar Corporation v. DirectTV. (Note: Texas judges often have nicknames as their legal first names. It's a Texas thing. If he were Massachusetts bred, he'd be Ronald Harrison Clark, III). In addition to this award, the judge refused...
Behind The Scenes at Bear Stearns
I recently wrote about the Bear Stearns v. Sharon case. (See here and here). Here is a link to a Business Week article, "Bailing out of Bear," that tells the gruesome story behind the Bear Stearns financial debacle and Bears' suit against Doug Sharon, the star broker at Bear Stearns who left for Morgan Stanley.
FTC Decision That Rambus Monopolized Reversed by D.C. Circuit Court
We have followed the Rambus saga for some time. My last post linked to the Federal Trade Commission's decision holding that Rambus had engaged in illegal monopolization and linking to an extended discussion by my partner, Andy Updegrove. Today, the Federal Circuit Court of Appeals reversed the FTC, holding that Rambus was not guilty of monopolization. Decision here. More to follow, as we have a chance to review this decision.
Treble Damages Now Mandatory Under Massachusetts Wage Statute
Until the recent passage of a new state law (effective July 13, 2008), the Massachusetts Wage Statute contained a provision that provided for trebled damages at the discretion of the judge. An "innocent" violator had a chance of avoiding treble damages; a repeat offender was likely to get whacked. No more. As of July 13th, treble damages are mandatory. My partner Joe Laferrera has written a Client Advisory explaining in more detail this change in the law. Click here to read the Advisory.
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