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Don’t Mess With Texas

May 14, 2010
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I’ve written before about how generous juries in the federal courts in the Eastern District of Texas (EdTX) are to patent plaintiffs. (link).  After I wrote about this a year ago there was a feeling that this trend might be reversing itself. However, Johnson & Johnson’s $1.6 billion judgment against Abbott and i4i’s $200 million

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There are a lot of pissed off law students and recent grads out there …..

December 28, 2009

I considered tagging this under “humor,” but that wouldn’t be right.  Several more of these at the author’s Youtube site Share This:TwitterFacebookStumbleUponDiggDelicious

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Judge Fabricant's Preliminary Injunction Decision in HRH v. Sheppard

October 28, 2008

Attached below is Judge Judith Fabricant’s lengthy decision in Hilb Rogal & Hobbs v. Sheppard, decided by Judge Fabricant in the Suffolk Business Litigation Session early this year. To my knowledge, this decision and order became publicly available only recently. This restrictive covenant case is interesting in one unusual respect: it involves what some lawyers

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Supreme Court Will Decide Whether Ignorance is a Defense to the Federal Crime of Identity Theft

October 21, 2008

Today, the Supreme Court agreed to decide this issue: Whether an individual who used a false means of identification but did not know it belonged to another person can be convicted of “aggravated identity theft” under 18 U.S.C. 1028A(a)(1). The case involves an illegal alien who was prosecuted for use of false identity papers. It

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Judge Gants' Decision in NERA v. Evans

October 15, 2008

One of the great benefits of the Suffolk Business Litigation Session (the BLS) is that the judges tend to write detailed opinions explaining their decisions. This tends to be less true elsewhere in the Superior Court. Recently-retired Superior Court Judge Allen van Gestel created a tradition of written jurisprudence while he headed the BLS, and

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Zealous Advocacy, or Abuse of Advocacy?

October 11, 2008

In the Medtronic v. BrainLab patent litigation in U.S. District Court in Colorado, Senior U.S. District Judge Richard P. Matsch has sanctioned Medtronic Navigation, Inc. and its lawyers $4.3 million, an amount which represents part of the attorney’s fees and costs incurred by BrainLab in defending this case. This order is a follow-up to his

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Chief Judge Paul R. Michel, United States Court of Appeals for the Federal Circuit:

September 26, 2008

. . . the Supreme Court can only decide a couple of patent cases even in a banner year. And, many important patent issues may be so obscure as to discourage its generalist judges from addressing them. The rest, necessarily, are left to us. We have the expertise and the will to resolve doctrinal problems.

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