Posts Tagged ‘patent law’

July 19 roundup

  • More on CPSC’s crib ban train wreck [Commissioner Anne Northup, more, earlier]
  • One man’s nightmare of false accusation [LA Times via PoL]
  • How many plaintiff’s-side flicks is HBO going to air this summer, anyway? [“Mann v. Ford,” Abnormal Use]
  • Apple granted “incredibly broad patent” over screen gesture technology [Tabarrok]
  • Will Congress reverse this term’s much-attacked SCOTUS decisions? [Alison Frankel] Podcast on Wal-Mart v. Dukes with Brian Fitzpatrick [Fed Soc] “Wal-Mart ruling no knock-out blow for class actions” [Reuters] Contrary to some assertions, current law does strongly incentivize individual job-bias claims [Bader] More on case: Dan Bushell, and welcome Craig Newmark readers.
  • Mississippi stops proceedings in $322 million asbestos case to consider judge’s possible conflict [JCL, earlier here, here]
  • Nice coat, where’dja get it? [annals of incompetent crime, UK Daily Mail]

Open season for “false marking” bounty-hunters?

In June we reported on a boomlet in freelance lawsuits accusing companies of marking their products with outdated patent numbers or with other violations of a federal statute that prohibits the use of false or misleading patent marks on products. On December 28 the Federal Circuit issued a decision that may greatly stimulate the activities of what are already being called “marking trolls”. It holds that courts have discretion to impose the law’s $500 penalty per mislabeled item sold, which means that total penalties might rise to gigantic levels; lawyers who bring the cases then split the proceeds with the federal government in qui tam fashion. Coverage: George Best and Jeffrey Simmons/Foley & Lardner, Robert Matthews, Jr., Patently-O, Rebecca Tushnet and more, Patent Prospector.

November 18 roundup

  • “Common sense makes a comeback” against zero tolerance in the classroom [USA Today]
  • Slip at Massachusetts antiques show leads to lawsuit [Wicked Local Marion]
  • Update: Washington Supreme Court takes up horn-honking case [Lowering the Bar, earlier]
  • MICRA as model: “California’s Schwarzenegger stumps for medical liability reform” [American Medical News]
  • “Inventing a better patent system” [Pozen, NYT]
  • Google Books settlement narrowed to countries with “common legal heritage” [Sag, ConcurOp]
  • One way to make ends meet: cash-strapped Detroit cops are seizing a lot more stuff [Detroit News via Business Insider]
  • What temperatures are hot coffee actually served at? Torts buffs (including our Ted Frank) want to know [TortsProf exchange with Michael Rustad and followup, more and yet more]

October 2 roundup