Mass Law Blog
Intellectual property and business litigation, Massachusetts and nationallyWritten by humans
Lee Gesmer’s Mass Law Blog began in 2005, and contains almost 600 posts. The site initially focused on Massachusetts law, but today it follows business and intellectual property law nation-wide. The site is hosted by Gesmer Updegrove LLP, a law firm based in Boston, Massachusetts. The firm represents startup and established companies in the areas of litigation, transactions (including financings, mergers and acquisitions), IP rights, taxation, employment law, standards consortia, business counseling and open source development projects and foundations. You can find a summary of the firm’s services here. To learn how Gesmer Updegrove can help you, contact: Lee Gesmer
Slides From BBA Presentation: “Oracle v. Google: Are APIs Copyrightable?”
Here are the slides from a presentation I made at the Boston Bar Association on November 13, 2013. The slides are embedded below, and a direct link to the file is here. [scribd id=183983032 key=key-2mpmquvle7g3678b55y9 mode=scroll]
Inevitable Disclosure Doctrine Fails Again (This Time In New York)
I've written about the "inevitable disclosure doctrine" many times over the years, most recently in a blog post focusing on Massachusetts case law. This line of cases arises when an employee does not have a noncompete agreement, but does have a non-disclosure/trade secret agreements. The employer then argues, based on the NDA/trade secret agreement, that the employee will ”inevitably” disclose the former employer’s trade secrets or confidential information in the course of working for a...
I Was a Guest on URBusiness Network’s “CHAOS Tuesday” Internet Radio Show
Whew, that is a mouthful. I was a teenage werewolf? No, I was a guest on URBusiness Network's CHAOS Tuesday Internet Radio Show. Here's what it means. URBusiness Network, or "URBN," is, in its own words, an "online radio station streaming 24/7 with business specific programing." This is, needless to say, not your father's radio station. In fact, it is "radio" only by analogy. Think "entirely new business technology model made possible by increases in Internet bandwidth." In other words,...
Supreme Court to Review 9th Circuit Decision in “Raging Bull” Copyright Case
The Supreme Court accepts fewer than 1% of the requests for review submitted to it, and review of copyright cases is relatively rare.* Yesterday, the Court accepted review (or, in lawyer-speak, granted a "petition for writ of certiorari") in Petrella v. Metro-Goldwyn-Mayer, Inc. *Based on my quick count, the Court has decided 15 copyright cases since 1985. Since 1981 Paula Petrella has been the owner (by way of copyright reversion and inheritance) of her father Frank Petrella's copyright...