Intellectual Property Law
Mass Law Blog 

Focus is on IP, business law, Internet Law, antitrust and practice in the Massachusetts state and federal courts.
Post Frequency: 1/day Last Entry: June 11, 2009 at 09:23:25 Recent Entries: 201
By Lee Gesmer, Esq.
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?STOP PUTTING CLAUSES INTO YOUR CONTRACTS THAT SAY YOU CAN AMEND THE CONTRACT AT ANY TIME IN YOUR SOLE DISCRETION BY POSTING THE REVISED TERMS TO THE WEBSITE? . . .
Posted on June 11, 2009Aiding and Abetting Prostitution? Wa?! I?m an Internet Executive - I Sure Hope My Mom Doesn?t Read That!
Posted on May 20, 2009File Under ?Hell Hath No Fury? or, ?If You?re Protected By CDA 230, Don?t Waive Your Protection?
Posted on May 08, 2009What Happens When California and Massachusetts Law on the Enforceability of Non-Compete Agreements Clash in Massachusetts Superior Court? Read on ?.
Posted on May 05, 2009Judge Gants Hold Stubhub Not Protected by CDA Section 230 (relying on Roommates.com Decision)
Posted on April 24, 2009?Sign This Contract. By the Way, We Can Modify It At Any Time.? Is This Enforceable?
Posted on April 21, 2009Cory Doctorow at the O?Reilly TOC Conference: Digital Distribution and the Whip Hand: Don?t Get iTunesed with your eBooks
Posted on April 20, 2009First Circuit: Judge Gertner, You Do Not Have the Authority to Permit Webcasting in Your Courtroom
Posted on April 17, 2009John Perry Barlow, Co-Founder of EFF, Poet, Musician, Lyricist for the Dead, Retired Wyoming Cattle Rancher and Public Intellectual . . .
Posted on April 11, 2009Podcast Interview of Professor Charles Nesson: Why Statutory Damages Under the Copyright Law are Unconstitutional in the Tenenbaum Case
Posted on April 07, 2009Expect a ?Perilous Future for Most Business Method Patents,? Saith Judge Marylin Patel
Posted on April 05, 2009?How Does the Court Have Confidence That the Public Integrity Section Has Public Integrity??
Posted on April 01, 2009Hearts on Fire v. Blue Nile: Judge Gertner Rules That Suit Alleging Use of Keyword to Trigger Search Engine Ads Can Withstand a Motion to Dismiss
Posted on March 31, 2009Administrative Office of the Federal Courts? Annual Report - Your Tax Dollars Well Spent
Posted on March 26, 2009Andy Updegrove?s Thoughts on the Microsoft v. TomTom Patent Case on Consortiuminfo.org
Posted on March 20, 2009?You Assert That a ?Spike? is a Non-Pointed Structure Under This Patent? That Will Cost You $4.6 Million, Counselor!?
Posted on March 18, 2009CAFC to Patent Applicant: ?Read Our Lips - We Really Don?t Like Business Method Patents?
Posted on March 13, 2009I?d Like to Hire You Counselor, But First Tell Me What You Contributed to the Judge in the Last Election?
Posted on March 13, 2009Key Legal Issues Involving Downsizing and Corporate Officers in Troubled Companies
Posted on March 05, 2009Can I Say That? Based on the First Circuit?s Interpretation of a 1902 Law, Maybe Not
Posted on March 02, 2009For the Want of a Nail the Kingdom was Lost - Failure to Get Clear Title to IP, Redux
Posted on February 10, 2009Rambus Files Its Opposition to Cert.; Gatehouse/New York Times Copyright Case Settles
Posted on January 27, 2009Copyright Law Developments in USDC Massachusetts: RIAA Proceedings to be Streamed on the Web, Gatehouse Media Seeks Ruling on Jurisdiction in Absence of Registration
Posted on January 15, 200914 Jan 2009 And Now, a Brief Reminder From the SJC: Employee Handbooks Can Create a Binding Obligation on the Part of the Employer, So Be Careful
Posted on January 14, 2009The Bill That Would Make Noncompete Agreements Unenforceable in Massachusetts
Posted on January 12, 2009Massachusetts Federal District Court Presented With Lawsuit Involving Copying of Online Newspaper Headlines
Posted on January 02, 2009Website Hook-Ups: if a Hook-Up Site Requires its Members to Represent That They are Over 18, is the Site Liable When a User is Busted for Having Sex With a Member Who is a Minor?
Posted on December 30, 2008Illinois Governor Rod Blagojevich Forgot This Important Rule of Discretion
Posted on December 12, 2008Federal Trade Commission Seeks Supreme Court Review of D.C. Circuit?s Decision in Rambus Case
Posted on November 25, 2008Mark Stephens, aka Robert X. Cringley Announces That He Would Love the Job of CTO of the USA Under Obama and oh, by the Way, His Last Column will Be on 12/15/08
Posted on November 16, 2008An Interesting (although admittedly useless) Fact About the Supreme Court ?
Posted on November 14, 2008White Paper: New Data Security Regulations Have Sweeping Implications For Massachusetts Businesses
Posted on November 10, 2008The EFF ?Unintended Consequences? White Paper Update Marks the Ten Year Anniversary of the DMCA
Posted on November 09, 2008Uniform Trade Secret Act Legislation - In Massachusetts, the Sixth Time May Be a Charm
Posted on November 05, 2008The FTC and DOJ - ?So Sorry, but When it Comes to Sherman Action Section 2 Conduct, We Can?t Agree on What the Law Is, or What it Should Be?
Posted on November 03, 2008Supreme Judicial Court Chief Justice Margaret H. Marshall?s 2008 Annual Address
Posted on October 30, 200811th Circuit: Courts Lack Jurisdiction Over Declaratory Judgment Action for Noninfringement of Copyright, Where Defendant?s Work Not Registered
Posted on October 23, 2008Zotero Lawsuit Illustrates Conflict Between Open Source and Contractual IP Rights
Posted on October 21, 2008Supreme Court Will Decide Whether Ignorance is a Defense to the Federal Crime of Identity Theft
Posted on October 20, 2008Two Articles of Interest (by Judges) in the Boston Bar Journal: Continuity and Change in the Business Litigation Session and Lessons for E-Discovery Practitioners
Posted on October 08, 2008Chief Judge Paul R. Michel, United States Court of Appeals for the Federal Circuit:
Posted on September 26, 2008Hey, It?s Not Like President Bush Isn?t Doing Anything Important These Days! or, Fresh Evidence That the True Course of Civilization is Upward
Posted on September 24, 2008Judge Young on Employee Breach of Fiduciary Duty Claims, Interference With Contract and Pleading
Posted on September 03, 2008Quant Computer v. LG Electronics - the Supreme Court Rules on ?Patent Exhaustion?
Posted on June 10, 2008Are Judges Intuitive or Analytical? Ruminations on the Cognitive Style of Judges
Posted on June 03, 2008?Employee Non-Compete Agreements: Protecting Innovation or Stifling It?? - Harvard?s Berkman Center to Debate Economic Implications of Noncompete Agreement
Posted on May 30, 2008Quick Hits: Supreme Court Arguments, Unpublished Mass Appeals Court Decisions, Trademark Law Decision
Posted on May 30, 2008Interesting Documents: ?Order for Discovery of Computer Memory Devices? in ConnectU v. Facebook
Posted on May 20, 2008Judge Harrington Awards $10 Million in Attorney?s Fees in Medtronic Patent Litigation
Posted on February 26, 2008It?s Very Difficult to Get a Preliminary Injunction in a Patent Infringement Case
Posted on February 20, 2008After Ten Years of Proceedings, Final Decisions of Disbarment from SJC in the Demoulas Ethics Cases
Posted on February 06, 2008So, What Does Chief Justice Roberts ?Really? Think of the U.S. Patent Office?
Posted on January 18, 2008Why Has Silicon Valley Outperformed Boston/ Route 128 as a High Tech Hub?
Posted on December 06, 2007
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