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
Supreme Court Swats "Patent Trolls"
Patents. "Patent trolls" or "patent litigation firms" -- companies which buy patents not to produce a product or service, but solely to enforce them in the courts -- must be quaking under their bridges this morning. In yesterday's decision in eBay v. MercExchange the Supreme Court appears to have bought the anti-troll argument whole hog, giving the federal trial courts the discretion to enjoin a patent infringer, and to include in its decision factors such as whether a patent holder practices...
Surprise Victory for eBay
In what comes as something of a surprise decision, the Supreme Court today ruled in favor of eBay in eBay v. MercExchange, holding that judges do not have to automatically enjoin companies from using patents that they have been shown to have violated. This decision shifts the balance of power in patent litigation away from patent enforcers in favor of defenders. The decision comes as a surprise because, based on comments by the Justices during oral argument, it appeared that the Justices were...
Is It Defamatory To Call Someone a "Dumb Ass"?
What Were They Thinking? Three California appeals judges thought not. In dismissing a defamation suit by two politicians who were listed as numbers one and two on a list of "Top Ten Dumb Asses," the Court observed: The accusation that plaintiffs are top-ranking "Dumb Asses" cannot survive application of the rule that in order to support a defamation claim, the challenged statement must be found to convey "a provably false factual assertion." . . . A statement that the plaintiff is a "Dumb...
Of eBay, "Patent Trolls" and the Right to an Injunction
Patents. I wrote an article under the above title [link] which was published in the Boston Business Journal on April 28, 2006.
Supreme Court Weighes in on Joint Ventures and Price Fixing
Antitrust. While most people don't know a lot about antitrust law, they do know that price fixing is illegal. And, if you asked them whether two large oil companies, such as Texaco and Shell, could form a joint company to sell oil throughout the western U.S. at a single price, they'd probably say that the "joint venture" was a technicality, and that it was no different than if Texaco and Shell got together and decided to sell gas at the same price individually. Well, the Supreme Court would...
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...
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Lee Gesmer