Charlie Nesson on Second Life

by Lee Gesmer on May 1, 2009

Now that Prof. Charlie Nesson has grabbed a lot of attention with his defense in the RIAA v. Tenenbaum case, it may be worth recalling this video, which was posted on YouTube in August 2006.

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has filed a most unusual “expert witness report” in the Tenenbaum case.  This will surely raise some novel admissibility issues under Daubert/FRE 702 standards.  And that, constant readers, is the understatement of the day.  More surprises to come from the Nesson/HLS defense team, I have no doubt.

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It’s perfectly monstrous the way people go about nowadays saying things against one, behind one’s back, that are absolutely true”

Oscar Wilde

“Gossip needn’t be false to be evil – there’s a lot of truth that shouldn’t be passed around.”

Frank A Clark

“The defendant in an action for writing or for publishing a libel may introduce in evidence the truth of the matter contained in the publication charged as libellous; and the truth shall be a justification unless actual malice is proved”

Entire text of Mass. Generals Laws, Chapter 231, Section 92, enacted in 1902


“The truth is an absolute defense to a claim of defamation.”  This is something that all lawyers know, and we have told this to clients countless times.  However, we will have to temper this advice following a recent decision from the  First Circuit U.S. Court of Appeals.  The case, for reasons that should be apparent, is attracting a lot of attention.… Read the full article

Patent Case Management Judicial Guide

by Lee Gesmer on February 18, 2009

A number of private-practice lawyers, along with an extensive Judicial Advisory Board, have published a Patent Case Management Judicial Guide. The document is labeled “draft,” but it appears final in most respects, and is freely available for use. Perhaps the authors are using the term “draft” in the same way that Google uses the term “beta” – even when the product is mature and in widespread use, the beta label remains.

Although this 500-plus page document has not been formally adopted by the federal courts, it is likely to serve as an important procedural and substantive guide to federal judges, and therefore is well worth including in any patent litigation library, particularly if a party is before one of the advisory judges. The judges involved in the Advisory Board (a “who’s who” of patent judges) includes Judge Patti B. Saris in the District of Massachusetts.

Link to the SSRN page here.Read the full article