When one corporation requests services from another corporation, money usually changes hands. Tell Barnes & Noble that you will gladly fulfill their request for services and that you estimate their project will take a minimum of 30 hours at $250 per hour (plus tax), payable in advance.
In this situation there is no way they would of complied, or even admit that they received one, and then the higher court has to fall on its own petard since... well how do you punish a government?
Publishing the government's refusal to obey a court order on the front page of the NY Times during an election year would do wonders.
"Ultimately, given that a § 292 sounds in fraud and there were no particularized facts alleged in the complaint the Federal Circuit had little difficulty in finding that the district court erroneously failed to dismiss the complaint and issued the writ of mandamus."
The Ninth circuit has some computer literate judges.
Mike: When this happens to you (or any other blogger), hit the double, go straight to second base and file the writ of mandamus so that we can continue reading your blog.
"One really surprising bit is that the judge, Kent Dawson, was one of the judges who smacked down Righthaven, so he at least understands how companies can abuse IP rights."
The dark little secret in the federal judiciary is that some opinions are authored by law clerks, i.e., recent law school graduates.
What's the chance of a 25-year old law clerk who majored in history or political science as an undergrad (before going on to law school) having an understanding of the internet?
I doubt that the judge gave this opinion more than a passing glance from his fishing cabin.
"Unfortunately, I just don't see the Justice Department gearing up for this, but that's really unfortunate."
If I were Microsoft CEO Steve Ballmer, I would be seriously considering a graceful and face-saving exit strategy from the Barnes & Noble patent lawsuit.
Barnes & Noble law firm, Cravath Swaine & Moore, are no lightweights: they are IBM's "go to" white-shoes law firm that has successfully defended IBM (since the 1950s) against major federal anti-trust claims and major intellectual property challenges in IBM's bread & butter mainframe space (i.e., do a google search on "Neon zprime lawsuit" for their latest conquest:
At this level, its all about "relationships": How many law firms can schedule a private meeting with high-level officials/lawyers in the Justice department in D.C. to deliver a detailed 29-page power point presentation describing Microsoft's patent abuses? (I wonder what they ate during the catered lunch.)
Time is Money
Re: Re:
Re: Re: Go straight to second base
Publishing the government's refusal to obey a court order on the front page of the NY Times during an election year would do wonders.
You punish a government at the voting booth.
Re: Re: Go straight to second base
One recent example of a Writ of Mandamus...
Federal Circuit Grants Writ of Mandamus in False Marking Case
http://ipwatchdog.com/2011/03/15/federal-circuit-grants-writ-of-mandamus-in-false-marking-ca se/id=15776/
"Ultimately, given that a § 292 sounds in fraud and there were no particularized facts alleged in the complaint the Federal Circuit had little difficulty in finding that the district court erroneously failed to dismiss the complaint and issued the writ of mandamus."
Re: Re: Re: Go straight to second base
Re: Re: Go straight to second base
Any Circuit Court of Appeals could receive a writ of mandamus within its jurisdiction.
Go straight to second base
http://en.wikipedia.org/wiki/Mandamus
The Ninth circuit has some computer literate judges.
Mike: When this happens to you (or any other blogger), hit the double, go straight to second base and file the writ of mandamus so that we can continue reading your blog.
Dark little secret
The dark little secret in the federal judiciary is that some opinions are authored by law clerks, i.e., recent law school graduates.
http://en.wikipedia.org/wiki/Law_clerk
What's the chance of a 25-year old law clerk who majored in history or political science as an undergrad (before going on to law school) having an understanding of the internet?
I doubt that the judge gave this opinion more than a passing glance from his fishing cabin.
(untitled comment)
If I were Microsoft CEO Steve Ballmer, I would be seriously considering a graceful and face-saving exit strategy from the Barnes & Noble patent lawsuit.
Barnes & Noble law firm, Cravath Swaine & Moore, are no lightweights: they are IBM's "go to" white-shoes law firm that has successfully defended IBM (since the 1950s) against major federal anti-trust claims and major intellectual property challenges in IBM's bread & butter mainframe space (i.e., do a google search on "Neon zprime lawsuit" for their latest conquest:
"IBM guns down Neon's mainframe accelerator in Texas"
http://www.theregister.co.uk/2011/06/01/ibm_prevails_over_neon_zprime
At this level, its all about "relationships": How many law firms can schedule a private meeting with high-level officials/lawyers in the Justice department in D.C. to deliver a detailed 29-page power point presentation describing Microsoft's patent abuses? (I wonder what they ate during the catered lunch.)
http://www.geekwire.com/2011/barnes-nobles-29page-slide-deck-calls-bs-microsofts-android- patent-campaign
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