Oprah Winfrey’s company targets Boston law firm in suit

Court Watch 2010/05/10 09:26   Bookmark and Share

Oprah Winfrey’s production company wants a federal judge to force a prominent Boston law firm to provide information about one of its former attorneys to bolster its case in a patent-infringement lawsuit against her book club.

The lawsuit poses serious threats to the entire publishing industry, according to Harpo Productions attorney Charles Babcock.

Winfrey’s Harpo filed a motion last week to compel Fish & Richardson to hand over documents and give a deposition regarding Scott Harris, a former patent prosecution attorney in its San Diego office.

Harpo is being sued by Illinois Computer Research, a Chicago holding company that bought Harris’ 2006 patent for Internet technology that allows readers to review digital excerpts from books prior to buying them. Harpo claims the patent is unenforceable. The case is set for a July trial in Illinois.

Harpo wants Fish to comply with a subpoena, because it was party to a similar patent lawsuit that ICR filed against Google, then a Fish client, in 2007.

ICR, which is tied to Harris, added Fish as a defendant in that lawsuit after Fish forced Harris’ resignation several days following its filing.

In court documents, Fish claimed Harris used Fish resources to build a portfolio of patents and cash in on them by selling them to parties that he knew would file infringement cases against companies that included his own law firm’s clients. The suit was settled in 2008.

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DA opposes Polanski's request for sealed testimony

Court News 2010/05/10 09:26   Bookmark and Share

Roman Polanski's request for access to sealed transcripts of testimony by a former prosecutor detailing alleged misconduct should be rejected because of the director's fugitive status, prosecutors argued Thursday in a court filing.

Polanski's attorneys have asked a judge to unseal testimony taken earlier this year by the original prosecutor handling the case, Roger Gunson. They have said it will help their efforts to fight Polanksi's extradition from Switzerland, where he remains under house arrest.

Deputy District Attorney David Walgren wrote in Thursday's filing that the request should be denied because Polanski has repeatedly refused to return to Los Angeles for sentencing.

He said allegations of misconduct in the case can and should be dealt with at Polanski's sentencing.

A hearing on Polanski's motion is scheduled for Monday afternoon.

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Kagan Sided With Investors in Two Notable Securities Cases

Headline Legal News 2010/05/10 09:25   Bookmark and Share

The federal government has opposed business interests in two closely watched securities cases during Elena Kagan's time as solicitor general, although her brief tenure has overlapped with just a handful of notable business cases.

Ms. Kagan has a light record on business issues outside of her 14 months of service as solicitor general, a role in which she represented the government at the high court. She hasn't served as a judge and her professional career has largely been devoted to government service and academia.

With Ms. Kagan as solicitor general, the Obama administration has taken a friendlier approach to investor lawsuits. Ms. Kagan's office filed a legal brief supporting investors in a case that examined when shareholders could sue mutual-fund managers for allegedly charging excessive fees. Ms. Kagan argued that a lower-court ruling in the case did not provide enough of a check on potentially excessive fees.

In another case, Ms. Kagan's office argued that shareholders of Merck & Co. Inc. didn't wait too long to file lawsuits alleging the drug maker misrepresented the safety of painkiller drug Vioxx.

The Supreme Court, which decided both cases this spring, unanimously agreed with Ms. Kagan's position each time.

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