From the monthly archives:

March 2009

If a Picture's Worth a Thousand Words ….

March 28, 2009

If you’re a lawyer with a case involving the complex interaction of physical objects (say a plane crash), nothing can compare to a video animation that faithfully recreates the event. Your expert can show it to the judge or jury, and vouch for its accuracy. Of course, it’s expensive to create one of these videos,

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Is It Safe? Cloud Computing, That Is

March 28, 2009

The Electronic Privacy Information Center (“EPIC”) doesn’t think so, at least when it comes to Google’s so-called “Cloud Computing Services” (e.g., gmail, picassa, google calender). Here is a link to the complaint EPIC has filed with the Federal Trade Commission. Quoting from the Complaint: Google routinely represents to consumers that documents stored on Google servers

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Administrative Office of the Federal Courts' Annual Report – Your Tax Dollars Well Spent

March 27, 2009

There are lies, damn lies and statistics. Mark Twain __________________________ Recession/depression/readjustment, it matters not, our federal government is committed to keeping statistics. And, it spends a great deal of time, money and effort tracking every statistic imaginable associated with the federal courts. This labor is performed by the Administrative Office of the Federal Courts, and

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First Circuit Reverses Judge Young in Situation Management Case

March 23, 2009

Are business training materials sufficiently original to be protected by copyright law? The answer, of course, is “it depends.” First and foremost it depends on the materials themselves, but it also depends on the judge. In Situation Management v. ASP, Massachusetts U.S. District Court Judge William Young thought the training materials created by the plaintiff,

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Andy Updegrove's Thoughts on the Microsoft v. TomTom Patent Case, on Consortiuminfo.org

March 20, 2009

It would be an understatement to observe that Microsoft’s patent suit against Dutch GPS vendor company TomTom has been closely watched. Why? Because Microsoft alleges that several of the patents at issue are infringed by TomTom’s implementation of the Linux kernel. In this first month of the dispute, the most urgent question has been this:

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First Circuit Declines to Reconsider Its Holding That Truth May Not Be a Defense Under 1902 Massachusetts Law

March 20, 2009

The First Circuit has denied Staples’ request that it hear the Noonan v. Staples case en banc, or that it ask the SJC to advise it on how to apply the 100 year old Massachusetts statute which provides that “actual malice” may create an exception to the principle that defamation must be false to be

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Free The Market! by Gary Reback

March 19, 2009

Gary Reback, famed antitrust/IP lawyer and long-time thorn in the side of Microsoft, has written a book entitled “Free The Market!”.  The book will be released in mid-April and is available on preorder at Amazon now. Based on a few excerpts on Reback’s web site it looks like this will be an anecdotal, “in-the-trenches” book (as

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"You Assert That a 'Spike' is a Non-Pointed Structure Under This Patent? That Will Cost You $4.6 Million, Counselor!"

March 18, 2009

As I’ve said so many times in this blog, it’s not the law you need to fear, it’s the judge. In CU Medical v. Alaris Medical System (a patent infringement case involving medical valves) the patent owner/plaintiff argued that the term “spike,” described in the patent as “a pointed instrument,” included non-pointed structures, such as

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Connecticut Supreme Court Briefs Online

March 18, 2009

Here’s a link to Connecticut Supreme Court Briefs Onlne, a WordPress blog managed by members of the Connecticut bar who attempt to post the briefs in every case that is argued before the Connecticut Supreme Court.  The site also posts a short description of the issue in each case, the decision (when it becomes available)

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