From the monthly archives:

October 2007

You Can Judge a Man by the Poetry He Reads

October 30, 2007

According to the October 22, 2007 Time Magazine cover article on the Supreme Court (“Inside the Incredibly Shrinking Role of the Supreme Court, and Why John Roberts is O.K With That” (link)), every year, in January, Chief Justice John Roberts rereads the poem, “The Vanity of Human Wishes,” written by Samuel Johnson and first published

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It's A Tough Job, But Somebody's Got To Do It

October 26, 2007

[Update, November 20, 2007]: Howie Carr has returned to WRKO[Update, October 30,2007]: Today’s Boston Globe reports that Howie Carr’s appeal was denied. Litigation over noncompete agreements rarely gets this interesting. The Contestants. In one corner you have Howie Carr, one of the most popular talk show hosts in the country. In next corner (there are

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Conduct in Standard Setting Can Violate the Sherman Act

October 17, 2007

Antitrust. It shouldn’t be a surprise that it might be illegal under the antitrust laws for a company with a 90% marketshare in a key, patented technology to agree as a member of a standards developing organization that it would license its technology on “fair, reasonable and non-discriminatory” (or FRAND) terms if that technology is

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Party Like Its 1999

October 17, 2007

Xconomy.com is a well written and produced web site that describes itself thus – the authoritative voice of on the exponential economy, the realm of business and innovation characterized by exponential technological growth … Sounds a little Wired/Gilder-like, true, but this is the best way I’ve seen to keep up with developments in the Massachusetts

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The Massachusetts "Guide" to Evidence

October 16, 2007

Courts, Litigation. Back in the early 1980s, when I was new to the Massachusetts Bar, there was an effort by the organized bar to codify the rules of evidence. That effort failed, and to this day the rules of evidence are a confusing patchwork of common law and legislative enactment. The “go to” source for

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That, Sir, Depends What You Mean by "Willful"

October 15, 2007

Patent Law. Patent lawyers and their clients spend a lot of time worrying about willfulnesss. If a patent is infringed and the infringement is “willful,” the consequences can include treble damages and liability for the patent owner’s attorneys fees. The idea of paying the other side’s legal fees can be a terrifying prospect for most

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