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Legal Commentary

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

World Diplomacy : Let's Try Dancing

Posted on March 30, 2010
Where The Hell Is Matt?

Don't Touch! Apple Sues HTC for Infringement of its Multi-touch Patent : The Prior Art of "Open Sesame" : The Patenting of Human Gestures?

Posted on March 30, 2010
Don't shake your finger at Steve Jobs or the people at Apple if you are standing too close to a non-Apple touchscreen device or they may sue you for infringement of their "multi-touch" gesture patent. Not only has Apple sued HTC for patent infringement of its "gesture patent" but it has also petitioned the U...

Privacy Time Again : Check Your Facebook Settings - NYTimes.com

Posted on March 28, 2010
Still important to all Facebook users is this article by Sarah Perez at the New York Times online:The 3 Facebook Settings Every User Should Check Now.Read the whole article here - it could be important to you. Really. Make sure you are not divulging information to the world that you do not want to divulge...

The Quieter Revolution in US Medicine Predates Health Reform: Doctors Moving from Private Practice to Hospital-Paid Salaried Jobs - NYTimes.com

Posted on March 27, 2010
Gardiner Harris in More Doctors Taking Salaried Jobs - NYTimes.com writes: "A quiet revolution is transforming how medical care is delivered in this country, and it has very little to do with the sweeping health care legislation that President Obama just signed into law...

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Murdoch Finalizes Paywall for Two British Papers - NYTimes.com

Posted on March 27, 2010
Murdoch Finalizes Paywall for Two British Papers - NYTimes.comMatthew Saltmarsh writes that:"News International, the British arm of News Corp., said Friday that two of its publications, The Times and The Sunday Times of London, would begin charging readers using its Web sites in June...

What Happens Next in Health Reform? What Does it Mean for Citizens? An Email from the White House Office of Health Reform

Posted on March 26, 2010
I received today the following email on the health reform law from the White House Office of Health Reform: Good afternoon, Since the House of Representatives voted to pass health reform legislation on Sunday night, the legislative process and its political impact have been the focus of all the newspapers and cable TV pundits...

USPTO : Amazon One-Click Patent Slides Through Reexamination - Patent Law Blog (Patently-O)

Posted on March 26, 2010
Amazon One-Click Patent Slides Through Reexamination - Patent Law Blog (Patently-O)Crouch writes:"I?m afraid that this case could become the poster-child for post-grant reform. "

A #USPTO that Never Learns? Amazon 1-Click Patent Confirmed Upon Re-Examination by the US Patent and Trademark Office

Posted on March 26, 2010
A USPTO that NEVER learns? Eric Engelman at TechFlash alerts is to the fact that Amazon.com's 1-Click patent confirmed following re-exam. Engelman writes: "Dennis Crouch, an assistant professor at the University of Missouri Law School and editor of the patent law blog Patently-O ...

Federal Circuit Holds in Ariad v. Eli Lilly that 35 U.S.C. � 112, paragraph 1, Contains a Written Description Requirement AND a (separate) Enablement Requirement

Posted on March 26, 2010
For the text of the decision in this case, see Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. (Fed. Cir. 2010) (en banc) (.pdf). As nicely summarized by Paul M. Rivard of Banner & Witcoff, Ltd at LEXOLOGY in Federal Circuit reaffirms 35 U.S.C...

Internet Censorship in China

Posted on March 25, 2010
The Censorship Battles between Google and China continues as the BBC writes in China condemns decision by Google to lift censorship. Read in this regard Internet Censorship in China by the Los Angeles Chinese Learning Center, which writes: "Foreign visitors in China frequently complain to me that they could not access certain websites during their stay in China...

Google Gets Design Patent for Website Graphical User Interface : Patenting a Website, Web Page or Blog Design

Posted on March 25, 2010
Open the "patent gates". You can now patent your website, web page or blog design. Google shows us the way. The Business and Tax Lawyer Blog posts about a design patent issued to Google for a "Graphical user interface for a display screen of a communications terminal": I love this one because - let's face it - if Google can patent THAT, then anyone with a uniquely designed website or blog can - theoretically - patent the design of their page(s)...

Fame Figurines? SCOTUS : Supreme Court of the United States Bobbleheads at Yale Law School Library

Posted on March 25, 2010
Fame figurines...? Adam Liptak has a fun piece at the New York Times as the Yale Law Library Adds Bobblehead Dolls to Its Collection. Liptak writes: "The oldest item in Yale Law School?s rare book collection is a 1,000-year-old fragment of a medieval manuscript bound inside an Italian guidebook for notaries...

Q&A Questions and Answers at CNN on the New Health Care Law

Posted on March 25, 2010
CNN has questions and answers on the new health care law at: Answers to your questions on health care law - CNN.com "With the passage of the health care reform bill, CNN has been flooded with viewer questions about specifics of the measure and how their lives may be affected...

The Green Bag - Entertaining Legal Scholarship

Posted on March 25, 2010
The Green Bag is a fun legal site self-proclaimed as:"Our main product is the Green Bag, a quarterly journal devoted to short, readable, useful, and sometimes entertaining legal scholarship. We also operate a press that publishes similar material in a variety of formats...

EU European Court of Justice Rules on Permissible Advertising Words at Google AdWords in Suit by LVMH

Posted on March 25, 2010
Andrew Willis at EUOBSERVER in EU court's Google ruling leaves words up for sale writes that: "The European Court of Justice has ruled that Google did not contravene EU trademark rules by allowing advertisers to purchase keywords corresponding to their competitors' trademarks...

Congress Does Something Right : The USA : Moving Toward a Modern System of Healthcare, Lilke All the Other Civilized Nations of the World

Posted on March 24, 2010
Sheryl Gay Stolberg and Robert Pear write at the New York Times in Obama Signs Health Care Overhaul Bill, With a Flourish: "With the strokes of 20 pens, President Obama signed his landmark health care overhaul ? the most expansive social legislation enacted in decades ? into law on Tuesday, saying it enshrines ?the core principle that everybody should have some basic security when it comes to their health care...

Videos, YouTube and Copyrights : Google and Viacom square off

Posted on March 24, 2010
In Viacom vs. Google, legal shenanigans abound | Media Maverick - CNET News"Since March 2007, when Viacom first accused Google in a $1 billion lawsuit of profiting off thousands of unauthorized copyrighted clips that once appeared on YouTube, most of the conflict had smoldered out of public view...

Obama Signs Landmark Health Care Bill - NYTimes.com

Posted on March 23, 2010
Obama Signs Landmark Health Care Bill - NYTimes.comAmerica joins the civilized health world as Sheryl Gay Stolberg writes at the New York Times:"WASHINGTON ? With the stroke of President Obama?s pen, his health care overhaul ? the most sweeping social legislation enacted in decades ? became law on Tuesday...

U.S. health care is tops - in costs | Philadelphia Inquirer | 03/21/2010

Posted on March 22, 2010
U.S. health care is tops - in costs | Philadelphia Inquirer | 03/21/2010"U.S. health care is tops - in costsThe myth that it's the best in the world is hard to overcome. It needs fixing eventually.One of the sturdiest cliches of American political life is this: The United States offers the best health care in the world!Right-wing talkmeisters such as Rush Limbaugh routinely spout that dogma as fact...

Martindale-Hubbell Connected for Lawyers | Mashtag Blawg

Posted on March 20, 2010
In "Martindale-Hubbell Connects Lawyers, and? More Lawyers" Mashtag Blawg writes: "Martindale-Hubbell is a legendary name in legal circles, synonymous with legal directories dating back more than 140 years. Long before the Internet existed, a ritual among junior associates at law firms was to pull the weighty leatherbound tome off the shelf, find opposing counsel?s M-H profile and hand out copies to everyone on the deal or case team...

LawPundit is now running at blogspot.com at the following address http://lawpundit.blogspot.com/ and has the following RSS feed http://feeds.feedburner.com/blogspot/kUbm

Posted on March 20, 2010
Dear LawPundit readers: Please change your records for LawPundit. The LawPundit blog is now running at blogspot.com at the following address http://lawpundit.blogspot.com/ and has the following RSS feed http://feeds.feedburner.com/blogspot/kUbm Since we do not trust Google's "Blogger team", who already deleted our lawpunditblog mirror of LawPundit, we are keeping our pre--transfer archive of LawPundit at "The Life of the Law" at WordPress, but that blog will develop a life of its own in coming postings...

March Madness: What are the Dimensions of a Basketball Court? Backboard? Free-throw lines? Three-Point Semi-Circle? Basketball Ball? Center Circle?

Posted on March 20, 2010
Speaking of "courts"....What are the Dimensions of a Basketball Court?

YouTube - Bugatti Veyron at Top Speed of 253 mph (407 kmh) - BBC

Posted on March 19, 2010
Here is a nice video to let off a bit of legal stress: RoadPundit: YouTube - Top Gear - Bugatti Veyron top speed test - BBC

Greece's crisis, Germany's gain - latimes.com

Posted on March 16, 2010
Thomas Meaney and Harris Mylonas at the Los Angeles Times write that Greece's crisis is Germany's gain. It is an nteresting viewpoint showing how German power - in our opinion, rightly - is increasing in Europe.Some countries criticize the Germans for being so export-oriented, but the fact is, if a country does not produce much of anything that is competitive on the international markets for goods and services, then it is pretty much doomed to be a net importer of such goods and services and to be an exporter of labor and raw materials...

Top Law Schools According to Brian Leiter

Posted on March 14, 2010
Brian Leiter's Law School Reports: New Scholarly Impact Study Forthcoming: Here are the top law schools according to Brian Leiter: "We'll be posting soon a new study of the scholarly impact of law faculties at the ranking site which looks at citations to faculty scholarship for the period 2004-through very early 2010 (it's an updated and expanded version of this study)...

Facebook HIstory: Are Mark Zuckerberg's Alleged 2004 Email Break-Ins Felonies? What Impact on Settlement with ConnectU? What Impact on Patents? What Role Inequitable Conduct?

Posted on March 14, 2010
Does Crime Pay? In the case of Facebook, if facts as alleged in recently published sources - as set out below - are true, then the answer - up to now - is "Definitely Yes". Exactly who founded Facebook is a matter of dispute. At the Wikipedia, we find written about the ConnectU...

Amazon.com drops Colorado retailers after tax law enacted - The Denver Post

Posted on March 13, 2010
Amazon.com drops Colorado retailers after tax law enacted - The Denver Postby Miles Moffeit and Jessica Fender

Head of BCS snipes at senators but will answer letter - NCAA Football - CBSSports.com

Posted on March 12, 2010
Head of BCS snipes at senators but will answer letter - NCAA Football - CBSSports.com - March 10, 2010: "BCS executive director Bill Hancock said Wednesday he will respond to a question-filled letter sent to him by two U.S. Senators.'I'm looking forward to taking a longer look at the letter...

Food is the Key to Integration Through the Stomach - or - The World is Other than it Seems : D�ner Kebabs Surpass the Hamburger in Germany

Posted on March 12, 2010
The German Missions in the United States publish a Newsleter "The Week in Germany" [TWIG], which is also available online and contains some remarkable facts about "the real world" which suggest, as a recent TWIG article titles one of its paragraphs, that "Integration Through the Stomach" is the key solution to the world's political problems - after all, you are what you eat: "Integration Through the Stomach The d�ner kebab is one of the most popular fast foods in Germany...

The U.S. Federal Circuit Court Strikes Again, Enabling a New Patent Scam : Patent Marking Trolls

Posted on March 12, 2010
Lexology - Watch out for the patent marking trolls, March 1, 2010, by Mayer Brown informs us: "Under Section 292(a) of the Patent Act, marking an unpatented article with intent to deceive the public mandates a fine of ?not more than $500 for every such offense...

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