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Barry Barnett
Business trial lawyer
Recent Activity
Apple v. Samsung Saga In 2012 and 2013, two Silicon Valley juries awarded Apple a total of $929,860,041 for Samsung's use in its smartphones and tablets of three intellectual property types -- design patents, utility patents, and trade dress (or... Continue reading
Posted yesterday at Blawgletter®
Focus on substance over procedure The Supreme Court just vacated a judgment that enforced a six-year statute of limitations against beneficiaries of a employer savings plan. The ruling reinforces the view that this Court feels little love for limitations defenses.... Continue reading
Posted 6 days ago at Blawgletter®
Policy debate If a firm that performs steps A, B, and C of a "method" patent induces the firm's customers to take step D -- the final one -- does the firm infringe the patent? The question -- which a... Continue reading
Posted May 17, 2015 at Blawgletter®
Nuts and bolts, part two Last time, we went over how to set up and get ready for an interview of a fact witness. Now we get to the main event. These tips apply mainly in the context of gathering... Continue reading
Posted May 13, 2015 at Blawgletter®
How-to tips, in two parts You’ve identified someone as a potential fact witness in a dispute that involves or may involve your client. You want to find out what subjects the witness knows about. You don’t yet need to depose... Continue reading
Posted May 10, 2015 at Blawgletter®
Vexing judges Bryan Garner writes in his ABA Journal column that "[t]here's a disconnect between what judges say they want" in briefs "and what lawyers give them." He offers three reasons to favor the judges' view -- "the 'halo effect'",... Continue reading
Posted May 6, 2015 at Blawgletter®
Keys to the court house The contingent-fee option enables a claimant who has a valuable claim but can't afford hourly fees to hire a lawyer. He pays with a promise to share his recovery with the lawyer in return for... Continue reading
Posted May 3, 2015 at Blawgletter®
Surface damage – what must operators do to accommodate existing uses of the surface estate? Today we conclude Blawgletter's seven-part series on the Hottest Oil & Gas Claims for 2015, a paper we co-wrote for the 66th Oil & Gas... Continue reading
Posted Apr 29, 2015 at Blawgletter®
Pre-emption? Ha! A 7-2 split on the U.S. Supreme Court last week revived state-law antitrust claims against natural-gas pipelines. End-user (or retail) customers alleged that the pipelines conspired to rig index prices and thus inflate sales prices. The ruling gave... Continue reading
Posted Apr 26, 2015 at Blawgletter®
Short-payment of royalties – when do post-production costs cross the line into unreasonableness? This next-to-last entry in Blawgletter's seven-part series on the hottest oil & gas claims for returns to the theme of royalty owners who receive less than they... Continue reading
Posted Apr 19, 2015 at Blawgletter®
Blawgletter's seven-part exposition of the hottest oil and gas claims for 2015 (which we co-wrote for the Institute for Energy Law's 66th Oil & Gas Law Conference in Houston) moves into an area that plaintiffs hate and defendants love --... Continue reading
Posted Apr 12, 2015 at Blawgletter®
Blawgletter offers the fourth installment in the seven-part series on the Hottest Oil & Gas Claims for 2015. This time, we address whether flaring gas qualifies as "use" on which the operator must pay royalties. Legal backdrop Royalty clauses typically... Continue reading
Posted Apr 6, 2015 at Blawgletter®
Oil and gas and the Empire State Does a state's years-long ban on the fracking of oil and gas wells extend the "primary" term of a lease until the ban ends, allowing the frackers who couldn't frack more time to... Continue reading
Posted Apr 1, 2015 at Blawgletter®
Short-payment of royalties Today we come to number three in Blawgletter's seven-part series on The Hottest Oil & Gas Claims for 2015, a paper that we presented at the 66th Annual Oil & Gas Conference in Houston. The third topic... Continue reading
Posted Mar 29, 2015 at Blawgletter®
Breach of covenant to administer lease -- must the operator use the latest drilling and completion technology? Today Blawgletter continues our seven-part series from the 66th Annual Oil & Gas Law Conference in Houston with part 2. We turn now... Continue reading
Posted Mar 25, 2015 at Blawgletter®
False opinions Giving a knowingly false opinion about a public company can expose the company and its insiders to liability for securities fraud under federal law. But what about an opinion that they truly believe but for which they have... Continue reading
Posted Mar 24, 2015 at Blawgletter®
The collapse in oil prices since June 2014, and the significant drop in those for natural gas, have put tremendous pressures on relationships in the industry. The stresses -- between operators and non-operators, lessees and royalty owners, principals and contractors,... Continue reading
Posted Mar 22, 2015 at Blawgletter®
State action? The U.S. Supreme Court ruled today that a North Carolina board's ban on cheap teeth-whitening by non-dentists may expose the board's members to a federal antitrust claim despite the board's status as a creature of the state. N.... Continue reading
Posted Feb 25, 2015 at Blawgletter®
In Roach v. T.L. Cannon Corp., No. 13-3070-cv (2d Cir. Feb. 10, 2015), the Second Circuit gave a narrow reading of the Supreme Court's ruling on class certification in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013).* The outcome... Continue reading
Posted Feb 12, 2015 at Blawgletter®
A group of oil and gas lessors/royalty owners -- who won more than $21 million on fraud and breach of lease claims at trial but lost in the court of appeals -- prevailed today in the Supreme Court of Texas.... Continue reading
Posted Jan 30, 2015 at Blawgletter®
A beastly hard theory The latest antitrust ruling by the Fifth Circuit favors a giant, General Motors, despite its huge share of the parts market that the plaintiff accused it of monopolizing. But the case says less about the Fifth... Continue reading
Posted Jan 28, 2015 at Blawgletter®
Unanimous Court orders review of key district court ruling The Second Circuit made a mistake when it refused to hear an appeal, the Supreme Court held 9-0 today in Gelboim v. Bank of Am. Corp., No. 13-1174 (U.S. Jan. 21,... Continue reading
Posted Jan 21, 2015 at Blawgletter®
The U.S. Supreme Court held 8-2 today that the Federal Circuit may no longer ignore some rulings by trial court judges on how to construe patent claims. The outcome marks a major victory for parties that win the often-decisive battles... Continue reading
Posted Jan 20, 2015 at Blawgletter®
Quote of the Day: Martin Luther King, Jr. Martin Luther King, Jr. (1929-68). I know you are asking today, "How long will it take?" Somebody’s asking, "How long will prejudice blind the visions of men, darken their understanding, and drive... Continue reading
Posted Jan 18, 2015 at Blawgletter®
Dear Blawgletterati: A rebuke Drop dead, the Seventh Circuit on November 26 told U.S. firms that want to collect treble damages under the Sherman Act for fixing prices on their foreign subs' purchases overseas. Either have your subs buy the... Continue reading
Posted Dec 1, 2014 at Blawgletter®