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Legal Commentary

LawPundit LawPundit

Covers Constitutional and Intellectual Property (copyrights, patents, trademarks) Law, Information Technology, Telecommunications, Internet and New Media, and business-related legal issues from a American and European perspective. Sports (especially college football), Lifestyle (especially the wine business), and Ancient History (especially Legal History)-- all from a broadly defined legal and evidentiary point of view-- round out the picture.
By Andis Kaulins

Post Frequency: 5.6/day

Last Entry: October 15, 2020 at 17:20:01

Recent Entries: 1619

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Facebook Privacy Rights Violations: Does Facebook Privacy Even Matter asks Nick O'Neill at All Facebook

Posted on May 19, 2010
Nick O'Neill discusses in an insightful posting the question of Does Facebook Privacy Even Matter?


Jury finds Callaway Golf Ball Patents Invalid for Obviousness in Patent Infringement Lawsuit against Acushnet, the maker of Titleist Golf Balls

Posted on May 19, 2010
We are a bit late in our comment, but we are dealing here with a patent decision that truly matters - the jury invalidation for obviousness of four Callaway patents on golf ball technology. All the world's golfers, especially the users of Titleist Pro VI golf balls, can breathe a sigh of relief...


Germany Puts the Clamps on Money Speculators by Prohibiting Naked Short Sales

Posted on May 19, 2010
Germany declares solo war on speculators is the headline at Reuters, where Holger Hansen and Andreas Rinke write that: "Germany banned naked short-selling of shares in its 10 top financial institutions, naked short sales of euro zone government bonds, and naked transactions in credit default swaps (CDS), which are used to insure against debt defaults...


Predicting Bilski: Over the Last 20 Years of Patent Cases, the Supreme Court Almost Always Supports the Government's Position : Bilski is Likely to be Affirmed

Posted on May 19, 2010
Patently-O in Chien: Recent History Suggests that Supreme Court will Rule Bilski's Claim Unpatentable summarizes an article by Professor Colleen Chien which points out that in the last 20 years the Supreme Court in its patent decisions has very much followed the government line...


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Kagan Excels in Two Important Areas of Legal Experience

Posted on May 18, 2010
Rick Pildes has a nice take at Balkinization on Elena Kagan's Legal Experience, suggesting that:"Elena Kagan would bring two bodies of important legal experience to the Court."Read the whole posting. It is the most intelligent thing on her legal experience that we have seen in print, written by a former U...


At Patent Baristas see the Best Twitter Feeds for Pharma News

Posted on May 18, 2010
At Patent Baristas see the Best Twitter Feeds for Pharma News.


Patent Baristas » Looking For Guest Bloggers

Posted on May 18, 2010
Patent Baristas » Looking For Guest Bloggers


Intellectual Property Protection (IPR) in China  -  2010 China IPR Protection Plan issued

Posted on May 18, 2010
At Intellectual Property Protection (IPR) in China a posting on 2010 China IPR Protection Plan issued.


Green Inc. column - Gap in Rules on Oil Spills From Wells - NYTimes.com

Posted on May 17, 2010
Green Inc. column - Gap in Rules on Oil Spills From Wells - NYTimes.com


Software Patents on Computer Programs and Computer-Implemented-Inventions (CIIs) in Europe : Patentability in the European Patent Office (EPO)

Posted on May 17, 2010
On May 12, 2010, the European Patent Office issued the following online statement: "12 May 2010 EBoA confirms EPO approach to computer programs Today the Enlarged Board of Appeal of the EPO handed down its opinion on referral G 3/08, taking the opportunity to set out and confirm the approach of the EPO regarding the patentability of computer programs under the European Patent Convention (EPC)...


Bilski was Argued More than 6 Months Ago : The Lag Time from Oral Argument is now Longer than for Any Other Recent Patent Decision : Is this the Sign of a Landmark Decision in the Offing?

Posted on May 17, 2010
In Another Day Without Bilski Decision, Gene Quinn at IPWatchdog, Inc. notes that it has already been 6.29 months since the orgal argument in Bilski and still no Supreme Court decision has been issued. Quinn lists the most recent Supreme Court opinions in patent cases by date of oral argument and date of opinion pointing out that KSR v...


Germany Seen as A Future Focal Point of American Investment in Europe : American Chamber of Commerce Business Barometer via German Missions in the U.S.

Posted on May 16, 2010
German Missions in the United States writes that a recent survey by the American Chamber of Commerce Business Barometer revealed that 80% of the companies surveyed viewed Germany as a future focal point for their European investments. Read the whole article.


Superman and the Law : Kryptonite Powered Copyright Trolls?

Posted on May 16, 2010
Warner Brothers Sues Lawyer ?Superman? Creators? Lawyer - NYTimes.com


Elena Kagan Legal Scholarship Online : Articles in University of Chicago Journals (PDFs) : Our Conclusion: Senate Confirmation Process Features Motives of the Senators Rather than the Qualifications of Judges

Posted on May 16, 2010
At the University of Chicago Law School news article titled Former Professor Elena Kagan Nominated to Supreme Court the top right column of that web page presents links to three scholarly articles by Elena Kagan in University of Chicago Journals (PDFs) from which LawPundit has chosen the short excerpts found below: 1996...


U-M Law School offers website, faculty expertise on Supreme Court nomination

Posted on May 16, 2010
U-M Law School offers website, faculty expertise on Supreme Court nomination


By the People | A Citizen-Led Conversation - Engaging the World - America.gov

Posted on May 16, 2010
By the People | A Citizen-Led Conversation - Engaging the World - America.gov


Law & Order on Television at NBC Cancelled But TV Spinoffs Survive : Impact of Law in the Actual World?

Posted on May 16, 2010
The Telegraph writes that one of the longest running series on US television Law & Order has been cancelled by NBC. However: "NBC said it had ordered a new series - Law & Order: Los Angeles - while it has also renewed Law & Order: Special Victims Unit for another season...


Not Everything We Believe is True : Top 5 Lawyer Myths

Posted on May 16, 2010
Lawyer Coach examines Top 5 myths lawyers tell themselves.


The U.S. Census 2010 is in Progress by the Bureau of Census: Questions Asked : Law : Tips : Comparison to European Union EU Census 2011 : Privacy Rights : Human Races : Ehtnicity

Posted on May 15, 2010
The United States Census 2010 -- with April 1, 2010 as the day of reference -- is underway. Here are the 10 Questions Asked: How many people were living or staying in this house, apartment, or mobile home on April 1, 2010? [LawPundit Comment: Question 1 should read: Head Count of people in a residential dwelling: How many people resided in this house, apartment or mobile home on April 1, 2010? This is the main question of the census, whose primary purpose is to obtain a head count of the people living in the United States and each of the 50 States, which is important for the provision of health services, the building of roads and highways, the election of Congressional representatives, Presidential voting (electors) and government funding of all kinds...


Etacts the Email and Social Networking Message Organizer Looks Like a Potential Blockbuster Application

Posted on May 15, 2010
Thursday Bram at the WebWorkerDaily in Etacts: Get Your Email Under Control identifies some advantages of Etacts from which we have selected the following:"Etacts offers a dashboard that points out what emails you?ve recently received but haven?t replied to, singling out any emails that seem more important based on the frequency of your conversations with a particular email address...


Venture Capitalists back Etacts Inc. whose Etacts Gmail Plug-In Aims to become a Unified Box for Messages

Posted on May 15, 2010
At the Wall Street Journal blog Venture Capital Dispatch, Tomio Geron in Newly Seeded Etacts Seeking Holy Grail Of The Unified Inbox writes about the e-mail information glut and the proliferation of social networking messages from various network providers that, inter alia: "A new start-up, Etacts Inc...


USPTO and UK-IPO : Transatlantic Cooperation on Patent Processing

Posted on May 15, 2010
Transatlantic cooperation on patent processing by Harry Small, Helen Kemmitt and Tabeebah Malik at Baker & McKenzie -- via Lexology.


Patentable? Software and Business Methods

Posted on May 15, 2010
Via Lexology an article by Paul Horbal of Bereskin & Parr LLP at Patentable? The issue of software and business methods.


Draft Online Privacy Bill Unveiled by Boucher (Democrat-Virginia) and Stearns (Republican-Florida) in the U.S. Congress

Posted on May 15, 2010
At Lexology, Patrick S. Campbell from Paul, Weiss, Rifkind, Wharton & Garrison LLP in the posting Draft online privacy bill would tighten disclosure requirements, expand FTC authority alerts us to fact that House Communications Subcommittee Chairman Rick Boucher (D-VA) and Ranking subcommittee member Cliff Stearns (R-FL) have "unveiled draft online privacy legislation on Tuesday that would require the Federal Trade Commission (FTC) to implement and enforce rules that would ensure the ?security, integrity and confidentiality? of information collected online...


Social Media ? The Legal Industry Is Catching On | Karasma Media Legal Marketing Blog by Kara Smith

Posted on May 15, 2010
Social Media ? The Legal Industry Is Catching On | Karasma Media Legal Marketing Blog by Kara Smith


Will Retiring U.S. Supreme Court Justice John Paul Stevens write the Upcoming Supreme Court Opinion in Bilski?

Posted on May 15, 2010
At the Patently-O Patent Law Blog in the posting Bilski Predictions: Justice Stevens there is reference to the blog Concurring Opinions in Where is Bilski? by Prof Gerard Magliocca and particularly a response thereto by Prof Joe Miller which suggests that retiring Justice John Paul Stevens will write the soon upcoming Bilski opinion...


Corporate Directors and General Counsel Rank Top 20 Law Firms in the U.S.A.| e.g. A Firm Like Paul Weiss is in Demand by Corporations in the Financial Crisis

Posted on May 15, 2010
The 10th annual rankings of America's Best Corporate Law Firms as conducted by Corporate Board Member magazine and FTI Consulting Inc. via corporate directors and general counsel is found at Boardmember.com in Annual Legal Study Ranks Top 20 Law Firms in the U...


LimeWire sliced by RIAA, liable for massive infringement

Posted on May 14, 2010
LimeWire sliced by RIAA, liable for massive infringement


Mozilla Firefox 4 Outlined at Faster Forward at the Washington Post

Posted on May 13, 2010
Faster Forward by Rob Pegoraro at the Washington Post reports that Firefox developers outline next version - that will be Firefox 4.After reading the report, I am a bit worried about the statement that Firefox will "look a good deal more like Google's Chrome browser"...


Blur Goes to Law School : A Legal Gig reported at Legalweek

Posted on May 13, 2010
Alex Aldridge at Legalweek reports a legal human interest story about Blur drummer Dave Rowntree and his new legal gig.


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