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Paul Lerner's blog

Unanswered Questions

Some time ago, we wrote of Lawrence Lockwood and his tireless efforts to convince a court – any court – that two attorneys formerly at the law firm of Sheppard, Mullin, Richter & Hampton, LLC are racketeers who filed and prosecuted “sham” re-examinations of two of his patents, thereby causing a four-year delay in his patent enforcement campaign and diminishing the value of his intellectual property (see Still A Potent Weapon).

A New Low

We have, from time to time, written about ethically-challenged lawyers, but a recent case from Illinois reaches a new low. (In the Matter of Ellen Frances Lang)

While most dishonest lawyers defraud strangers, Ms. Lang preyed on her own family. When handling a real estate closing for her mother – yes, her own mother – who was purchasing a suburban Chicago home, Ms. Lang put the title in her own name. She then took out a mortgage on the property, pocketing $150,000.

The Latest Episode

In the last, suspense-filled episode of this long-running (7 years) daytime legal soap opera, the jury had returned a verdict in favor of MGA, awarding it custody of the little Bratz and $88.4 million in damages (see previous blog posts Pass the Popcorn and Soap Opera Summary). In the closing moments of the show, Mattel, professing “disappointment” with the verdict, vowed to appeal.

Trolls Beware

There was a time when the Eastern District of Texas was the preferred venue of plaintiffs in patent infringement cases. Well, as the song says, “the times they are a ‘changin” – at least with respect to so-called “patent trolls.”

Interesting Wrinkles

One of the most profitable – if not culturally elevating – new movie releases this season is “The Hangover Part II,” which includes a character, played by actor Ed Helms, who wakes or sobers up to find that he has a tattoo on his face identical to the one on the face of boxer Mike Tyson. While movie-goers may consider this hilarious, “tattoo artist” S. Victor Whitmill, the creator of Tyson’s tattoo, has failed to see the humor in it. Indeed, he sued Warner Brothers for copyright infringement and filed a motion seeking a preliminary injunction barring the release of the movie.

Hoist by His Own Petard

For some months, Larry Flynt and his brother Jimmy have been engaged in litigation to determine the ownership of the “Hustler Empire.” Well folks, this long-running courtroom soap opera has come to an end. Not wishing to keep our loyal readers in suspense any longer, the result is: Larry won. He is now legally recognized as the sole emperor of the porn empire. Jimmy’s claim of a partnership interest was denied.

Keeping a Promise

We promised our readers that we would let them know if the outstandingly contentious case of Asahi Kasei Pharma Corporation v. Actelion Ltd., et al. ever actually went to trial (see our previous blog entry, Decorum). Well, it did.

The Importance of Timeliness

“If t’were done, t’were best done quickly” – good advice for murderers and attorneys. (Tivo Inc. v. Echostar Corporation et. al.)

Not With a Bang, But a Whimper

The long-running Lime Wire saga is over. It ended not with a resounding jury decision as to the amount of damages suffered by the “record labels,” but an anti-climactic, last-minute settlement, albeit one in the amount of $105 million.

Although the jury sitting in the damages trial never had the opportunity to return a verdict, the trial did offer some interesting, not to say dramatic, moments.

Waving the Flag

While Japan is making great strides in nuclear power plant operation and associated public relations management, and China is developing startling new food additives, the United States remains the world leader in “the development of technological advances in the muzzle-loading firearms industry.” Should the reader be unfamiliar with muzzle-loading firearms, think of Davey Crockett and his trusty rifle, “Old Betsey” (for the benefit of those readers whose memories have grown dim, Crockett was the character in the Disney movies who roamed the woods wearing a coonskin yarmulke).

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