Moritz Legal Information Blog

I (and Professors Greenbaum and Caust-Ellenbogen) would like to say Civ Pro is one of the most popular classes out there, but I just don't think or know that is true. But it should be. In the interview we mentioned on this blog last Tuesday , Mike August is clear that one reason the parties settled is because his company's counsel (i) believed dismissal with prejudice was not possible in the jurisdiction in which the suit was located, and (ii) would not agree to dismissal without prejudice. Civil procedure isn't just knowing where to file---it's trial tactics as well. And in this case, where to file was as critical to the outcome of this litigation as any other piece of the trial process. Civ Pro is the rules of the game. So check out a book to brush up on civil procedure and register for Professor Ralph's Pretrial Litigation course  to learn how to maximize the rules of the game.

What is a patent troll? A search on Google of course turns up results galore offering a biased view. If you're headed to court, you need a legal definition. It's the legal writing tip that sometimes going with a neutral, factual definition rather than a loaded, so-persuasive-as-to-be-hyperbolic definition can give you more credibility in court. Here are a few definitions from cases: A patent troll is "somebody who tries to make a lot of money off a patent that they are not practicing and have no intention of practicing and ... [have] never practiced." Overstock.com, Inc. v. Furnace Brook, LLC , 420 F.Supp.2d 1217, 1218 (2005). "nonpracticing entities” who “do not manufacture products, but instead hold ... patents, which they license and enforce against alleged infringers." Amgen, Inc. v. F. Hoffman-La Roche Ltd. , 581 F.Supp.2d 160, 210 (2008). "a small company who enforces patent rights against accused infringers in an attempt to collect licensi

Podcast entrepreneur Adam Carolla was leading a legal fight against Personal Audio ---variously considered a patent troll or a patent holding company depending on who's telling the story. Mr. Carolla had a Fund Anything Campaign to raise around half a million dollars, and Above the Law has a fascinating interview with Mike August, the business manager for Carolla Digital, regarding the settlement reached between podcasters and Personal Audio. The interview raises a number of interesting topics for blog posts, which we'll explore in the next two weeks of blog posts, perhaps along with other topics as they arise. Stay tuned.

The Supreme Court has ruled that corporations are legal persons.  What about chimpanzees?  A New York Appeals Court is considering this issue  and may expand our concept of legal personhood.  Lawyer Steven Wise has filed suit on behalf of Tommy, a 26-year-old chimp.  Tommy currently resides in a "dark, dank shed," which Wise argues amounts to unlawful imprisonment.  If you're inspired by animal rights law, try looking at OSU's collection of animal rights books  or check out the Law Library of Congress's research guide on the subject,  An Introduction to Animal Law .  

We've touted our study tips for law students on this blog before, and with midterms nigh, we'd like to remind you of one resource in particular: the online, free-to-law-students West study aids collection. To find your favorite study series (e.g., Acing [  ] Law , Black Letter Outlines ), do the following: 1. Log in to Westlaw ( www.lawschool.westlaw.com ). 2. Click the "My eProducts" tab near the top of the page: 3. Browse by subject or series:    4. Stop by the reference desk if you have any questions. We also have many of these books in print in the Reserve Room (behind the Circulation Desk), and you are welcome to check those out as well.

The New York Times brings us a story from one of the coolest (and often misunderstood) legal areas: trademark. The mark in question is HOW. Those unfamiliar with intellectual property shake their fists and protest, "How can you trademark the word "how?" That's just silly!" (Incidentally, this is the same group of folks up in arms about the makers of Candy Crush Saga trademarking CANDY.) But trademark attorneys (and any ol' law student who has taken intellectual property) know the reality of trademark: the trademark owner can protect the mark in association with the goods or services. It's not the mark on its own that is the property right. The Candy Crush Saga owners are not declaring that for all time no one can say or use the word candy. Instead, they've filed for the right to exclude others from using the word CANDY in conjunction with other game apps. You know, so other people can't think "Hey, this candy crush thing is popular; why

Today marks the start of a fresh federal fiscal year.   Lawyers who practice for the federal government are not the only ones who need to know appropriations; attorneys representing state and local governments or contractors also benefit from familiarity with federal fiscal law. The mainstay of federal appropriations law, the Government Accountability Office’s, Red Book will help you navigate the guiding CYA principles: color (purpose), year (timing), and amount.   Find appropriations for recent years at congress.gov .  If you want to delve more deeply into the federal budget, Morgan M. Stoddard presents ten free online places to start.