Did the Ninth Circuit Contradict Itself? A few days ago, we got two opinions handed down by the same court, written by the same judge, on essentially the same subject, involving the same defendant that reach seemingly contradictory results. On July 31, the Ninth...
Common-Sense Decision Is a Trap for the Unwary (and Everyone Else) A surprisingly fertile field for litigation are “multiple listing services” (MLS) and related real-estate websites. Here’s an MLS for Nashville. The Internet completely inverted the...
Insert Pun Here: “Dead,” “Requiem,” “Past,” “Woody” A lot of people breathed a huge sigh of relief when a Mississippi federal judge dismissed (at the pleadings stage) claims for copyright infringement stemming from a paraphrase of a well-known William Faulkner quote...
An Ironic Model: Follow Exxon Because it’s NOT a Constitutional Ruling Way back in October, I got half-way to proposing a constitutional model for statutory damage awards. More precisely, I got through the part where I reject the two leading models, which...
Two great years ago today, Rick Sanders and Tara Aaron set foot in the office of Aaron | Sanders PLLC for the first time. We’re growing up fast – since then we’ve moved into our big new offices at The Trolley Barns, added the help of our...
Why NPEs Are OMG! Last time, I explained what patent “trolls”—more politely known as a non-practicing entities or “NPEs”—are and why their business model is such a good one. Mostly they benefit from asymmetrical warfare: a defendant must spend much more money, time...
