Golden Bridge’s new argument (about validity of a wireless technology patent) has fallen down. My fair lady.
Can you raise on appeal an argument you didn’t make in the trial court? Usually not. Golden Bridge Technology, Inc. v. Nokia, Inc., No. 07-1215 (Fed. Cir. May 21, 2008).
What if you have shiny new appellate
Blawgletter hears and reads a lot about meritless lawsuits. We wonder what the speakers and writers mean by that.
Meritless, to us, implies something close to frivolous. And frivolous treads on ground parlously close to, if not over the line of, sanctionable.
But let’s not go there today. Let’s stick with meritless.
Eleanor Roosevelt (1884-1962).
Great minds discuss ideas. Average minds discuss events. Small minds discuss people.
In 1905 — his "miracle year" — physicist Albert Einstein wrote four path-breaking papers. One of them revealed his special theory of relativity. In it, he disclosed that electromagnetic waves, including light, always travel at a constant speed — about 186,000 miles per hour — but that our observation of them depends on
You know the Clear Channel case in San Antonio against a bunch of banks for refusing to fund a loan that would enable private equity firms to buy a chunk of the company? The one that a Bexar County district judge refused to dismiss in favor of a New York forum? And the one in
Forum and venue selection clauses pick a jurisdiction/place (or jurisdictions/places) where contracting parties must (or may) litigate disputes. "Mandatory" clauses dictate the parties’ exclusive options — and usually they specify just one. "Permissive" ones grant the parties the right to file in a particular forum/spot but don’t prohibit them from suing elsewhere. A "hybrid" clause
[Today we begin a series — likely an occasional one — on an Extremely Serious Subject: The efficiency of the federal courts in handling civil litigation. This installment begins the journey.]
Rudyard Kipling‘s Just So Stories include the marvelous one about "The Elephant’s Child". It tells how the elephant got its trunk.
In what
Have a look at the latest issue of Barnett’s Notes on Commercial Litigation. You’ll find there:
1. Uniform (Contingent Fee) Rates — Bah! Refuting humbug.
2. Did You Know? An associate knocks another one out of the park.
3. The Value of Class Actions. The Second Circuit reverses to affirm class
A presidential candidate spoke yesterday about the federal judiciary:
In America, the constitutional restraint on power is as fundamental as the exercise of power, and often more so. Yet the framers knew that these restraints would not always be observed. They were idealists, but they were worldly men as well, and they knew that abuses
Today we welcome a guest blawger — the Senior Vice President & General Counsel of Zix Corporation (NASDAQ:ZIXI), Ronald A. Woessner.
Ron knows a thing or two about data encryption. As Zix’s homepage says:
Zix Corporation is the leading provider of services that Connect entities to Protect and Deliver sensitive information. ZixCorp’s hosted Email
