It’s not easy being Google. (I’m talking about the company itself; it’s easy to be famous, powerful, and wealthy, so I don’t feel sorry for the management and shareholders of Google.) When you are that big, and asked to do that much, it’s inevitable that everyone will have some sort of complaint about you.


There’s been a wave of antitrust class actions predicated on patent misuse by pharmaceutical companies of the past decade. The troublesome Illinois Brick decision prevents “indirect purchasers” — which means you, me, and our health insurance plans — from bringing federal antitrust claims, so plaintiffs’ lawyers have had to get creative in use of state

The Limited Scope Of Inventors’ and Creators’ Rights Under Copyright, Trademark, and Patent Infringement Law

The business lawsuits actually filed, and defamation lawsuit not filed, surrounding Mark Zuckerberg and Facebook have inspired some of my more popular posts. But there is one litigious part of the Facebook story that I did not cover,

If the title doesn’t ring a bell, read here. The whole Emmy-award-winning episode is here.

It always amazes me how much of the global economy is devoted to technological cat-and-mouse games; for every gadget, industrial process, or computer program out there, there are a dozen companies trying to reverse-engineer or manipulate it.


On Sunday, the New York Times returned to third-party funding of lawsuits with “Investors Put Money on Lawsuits to Get Payouts:”

Large banks, hedge funds and private investors hungry for new and lucrative opportunities are bankrolling other people’s lawsuits, pumping hundreds of millions of dollars into medical malpractice claims, divorce battles and class

Lawyers have a lot of technical training and experience. They spend three years in a hybrid humanities / vocational graduation school, devote a few months to cramming a summary of one or two state’s laws into their brains, regurgitate and forget it all over two or three days, then spend a couple years learning, through

As widely reported by every tech site on the internet, last week Oracle (which recently acquired Sun Microsystems) sued Google for infringing upon a variety of software patents Sun obtained while developing the Java software platform.

For the facts, I can’t improve upon the fine commentary at Groklaw, CNet, and tech-specific sites like

In a patent infringement suit, the defendant’s first line of defense is almost always a counterclaim that the plaintiff’s patent is either invalid or unenforceable. There’s little to lose in raising the counterclaim and potentially a lot to gain, including the possibility of a judgment rendering the patent invalid forever.

Patently-O refers us to Golden

[Update: I somehow missed Ron Coleman’s earlier take on the article, but it’s required reading if you’re interested in the subject. Coleman and Walter Olson both seem on board with, as Olson words it, "steering rights owners into agency complaints or arbitration as an alternative, or at least precondition, to court action."] 


Via the WSJ Law Blog, the Ninth Circuit, in a significant published opinion with ramifications for copyright litigators, vacated the $10 million verdict — and, more importantly, the constructive trust and injunction — that Mattel won against MGA.

Unusually, the panel summed up its own findings at the end:

[Carter] Bryant’s employment agreement may