From the monthly archives:

November 2008

The (very) Confusing State of the Law of Evidence in Massachusetts

November 29, 2008

Parties are invited to cite to the Proposed Rules, whenever appropriate, in briefs and memoranda submitted. Proposed Massachusetts Rules of Evidence (Supreme Judicial Court, December, 1982) ************** The provisions contained in this Guide may be cited by lawyers, parties, and judges, but are not to be construed as adopted rules of evidence or as changing

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How to Attract Patent Litigation

November 27, 2008

If you’re a federal district court, that is. The answer? You need something not every federal district has. The Eastern and Southern Districts of Texas have them. The Northern District of California has them. The Districts of Pennsylvania (Western), Georgia (Northern) and Illinois (Northern) have them. In fact, so many U.S. District Courts have them

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Federal Trade Commission Seeks Supreme Court Review of D.C. Circuit's Decision in Rambus Case

November 26, 2008

The FTC’s decision to seek Supreme Court review in this case was widely expected, but nevertheless, it’s interesting to see that the FTC in fact did what many antitrust practitioners hoped it would do. For background on this matter, see this posting from May of this year, which discusses the background of this case in

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Humans Love Music

November 21, 2008

Ian Rogers’ delivered the keynote speech at the GRAMMY Northwest Music Tech Summit in early November. As you spend the next two days discussing the future of the music business, I’d like to challenge you to consider a different perspective, IMHO the only perspectives that matter, that of the artist and the fan. I see

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When It Comes to the "New Economy," We're First

November 21, 2008

The New Economy – it takes full advantage of the Digital Revolution. It’s open to innovation, not just in IT but in robotics, clean energy, biotechnology, and nanotechnology. It supports a low-cost, low-carbon energy system. It takes advantage of opportunities offered by globalization. It accommodates regional growth in a balanced manner. And yes, as was

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Mark Stephens, aka Robert X. Cringley Announces That He Would Love the Job of CTO of the USA Under Obama and oh, by the way, His Last Column will be on 12/15/08

November 16, 2008

Quoting from Cringley’s most recent column – The U.S. CTO – at least this FIRST U.S. CTO – will be the buyer-of-cool-stuff-in-chief for the entire nation. I would make a better buyer-in-chief than almost anyone else because of two important characteristics in my warped personality: 1) I would be immune to special interest groups so

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Linux.com Interview of Andy Updgrove

November 15, 2008

Linux.com, one of the leading open source software web sites, recently interviewed my partner, Andy Updegrove, and wrote a very complementary article (part of its Portrait Series). The article focuses on Andy’s involvement with open source software, and also touches on many highlights in Andy’s career, including the role he played in the creation of

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An Interesting (although admittedly not terribly useful) Fact About the Supreme Court …

November 14, 2008

… courtesy of Jeffrey Toobin – The current Supreme Court is the first court in U.S. history where all nine judges are federal appeals court judges. The court that decided Brown v. Board of Education in 1954 had only one justice who had been a judge of any kind on any court anywhere (Associate Justice

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"Why Antitrust Is More Interesting Than Any Other Area of Law"

November 13, 2008

OK, OK, this is not my blog post title. It’s the title of a post by Professor D. Daniel Sokol over at the Antitrust & Competition Law Policy Blog. He provides ten reasons in support of this statement, but undermines his argument (which I hope is at least a bit facetious), by stating that tax

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