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Michael Kwun

@mkwun.bsky.social
60 followers 70 following 119 posts
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Michael Kwun @mkwun.bsky.social · 13/01/2026
In a Hertz bankruptcy case, the S Ct denied cert after the SG so recommended. Had cert been granted, I would have tried to convince @klonick.bsky.social to file an amicus brief, addressing her special (albeit non-bankruptcy) insights into the company. www.supremecourt.gov/docket/docke...
supremecourt.gov
Docket for 24-1062
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Michael Kwun @mkwun.bsky.social · 03/01/2026
you can't let them pull too many stunts—and I mean that in the same sense as the SNL skit line that you can't put too much water in a nuclear reactor
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Michael Kwun @mkwun.bsky.social · 30/10/2025
"...with diamonds"
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Michael Kwun @mkwun.bsky.social · 25/10/2025
turnabout is fair play
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Michael Kwun @mkwun.bsky.social · 24/10/2025
when I heard @klonick.bsky.social say "don't get me saying the F word again" during a @radiolab.bsky.social pod about content moderation, I thought maybe she meant "Facebook" but it turned out just to be the usual suspect F word
radiolab.org
Content Warning
The story of how TikTok changed everything you see online.
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Michael Kwun @mkwun.bsky.social · 21/10/2025
if the shutdown isn't resolved, the government's stockpile of em dashes will run out by Halloween
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Michael Kwun @mkwun.bsky.social · 21/10/2025
I think you should schedule a meeting at 230 about the tax ramifications of structured settlements in personal injury lawsuits (26 U.S.C. § 130)
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Michael Kwun @mkwun.bsky.social · 17/10/2025
soon they will ask for your ranked prefs for firms you want to interview with as part of your law school application
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Michael Kwun @mkwun.bsky.social · 01/10/2025
The Federal Circuit reversed the patent infringement infringement findings... but only for one defendant. The defendant with the waiver problem loses on the patent claims, and indeed may need to pay fees for those claims. www.cafc.uscourts.gov/opinions-ord...
cafc.uscourts.gov
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Michael Kwun @mkwun.bsky.social · 23/09/2025
I thought I was looking at a depiction of intestines. maybe I am?
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Michael Kwun @mkwun.bsky.social · 23/09/2025
well done, well done
media.tenor.com
a man is flying through the air in front of a helicopter while wearing a black cape .
Alt: Neo dodging bullets in The Matrix
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Michael Kwun @mkwun.bsky.social · 21/09/2025
every time I see the banner pic for this video (and I've seen it more than perhaps you'd guess, because I sang this with a choir last year), I think to myself that it makes Maurice White look like Worf
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Michael Kwun @mkwun.bsky.social · 01/09/2025
buy it! on a different topic... will you be teaching In re Brunetti this year? a 2-1 precedential decision about failure to function... seems tailor made for you!
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Michael Kwun @mkwun.bsky.social · 21/08/2025
stop your foolin' around time you straighten right out better think of your future else you'll wind up in jail Rudy—a message to you, Rudy—a message to you
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Michael Kwun @mkwun.bsky.social · 12/06/2025
BBSes via 300 baud modem in the 1980s and Confer forums on a mainframe running Michigan Terminal System in the 1980s/1990s
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Michael Kwun @mkwun.bsky.social · 11/06/2025
Here's another Trump admin filing. It has no table of authorities, and no placeholder for one. (It's over five pages long, so under S Ct R 34.2 a TOA was required.) www.supremecourt.gov/DocketPDF/24...
supremecourt.gov
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Michael Kwun @mkwun.bsky.social · 31/05/2025
anise swallowtail caterpillar (third instar) cos-playing as ouroboros
3rd instar anise caterpillar, curled in a ball; close-up in fennel, shallow depth of field
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Michael Kwun @mkwun.bsky.social · 27/05/2025
in Carville and Matalin, who is PB and who is pickles?
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Michael Kwun @mkwun.bsky.social · 24/05/2025
how some felt when Harvard filed suit
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Michael Kwun @mkwun.bsky.social · 13/05/2025
I don't know that we can assume that the brief was written more quickly and cheaply than it could have been otherwise. but I do think saying AI poorly used "brought nothing to the table" is kind of meaningless. if kids TP a tree, that doesn't mean TP is useless.
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Michael Kwun @mkwun.bsky.social · 06/05/2025
whatever the practice might be elsewhere, in the Federal Circuit there is a published opinion addressing this point bsky.app/profile/mkwu...
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Michael Kwun @mkwun.bsky.social · 06/05/2025
the Federal Circuit has a published opinion saying, "We hold that incorporation of co-party briefing... cannot be used to exceed word count." Microsoft v. DataTern, Inc., 755 F.3d 899, 910 (Fed. Cir. 2014).
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Michael Kwun @mkwun.bsky.social · 06/05/2025
because in the two defendants would then effectively get twice the space provided to the plaintiff in the briefing. that, plus there was a court order that directed them not to do that, and lawyers are supposed to follow court orders.
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Michael Kwun @mkwun.bsky.social · 06/05/2025
if you need more words, you're supposed to seek leave to exceed the word limit
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Michael Kwun @mkwun.bsky.social · 06/05/2025
address, but not adequately: "For example, Marquis spent over twenty pages addressing patent infringement covering three patents and multiple disputed claim terms, while Kartri spent less than one page on all patent issues...."
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Michael Kwun @mkwun.bsky.social · 06/05/2025
"We struck the... briefs and ordered Appellants to file corrected... briefs.... We explained 'incorporation cannot be used to exceed word count' and '[t]he incorporated material counts against the litigants’ word count in exactly the same manner as if it had been expressly included in the brief.'"
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Michael Kwun @mkwun.bsky.social · 06/05/2025
"Kartri... and Marquis... filed noncompliant briefs that divided the issues on appeal and attempted to incorporate by reference each other’s briefs... Kartri’s brief focused on the trademark and trade dress issues, while Marquis’s brief concentrated on the patent... issues."
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Michael Kwun @mkwun.bsky.social · 06/05/2025
coordinating is fine. but the way to do that is to file a single brief (subject to the word count limit) addressing all issues in the appeal. (or, less sensibly, to file separate briefs, but to keep under the word count when the two briefs are considered together.)
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Michael Kwun @mkwun.bsky.social · 06/05/2025
either they attempt to show cause why they shouldn't be sanctioned (thus admitting they violated the spirit of the order striking their original briefs) or they each have to waive half the appeal
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Michael Kwun @mkwun.bsky.social · 06/05/2025
I read the order as basically directing the defendants each to own up to having tried to get around the order striking their original briefs.
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Michael Kwun @mkwun.bsky.social · 06/05/2025
right. it seems to me the order is conditional only in a fairly technical sense. if they were to waive the arguments that they didn't adequately brief, one defendant would be without an appeal re trade dress infringement, and the other defendant without an appeal re patent infringement.
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Michael Kwun @mkwun.bsky.social · 06/05/2025
....but now I need a published report of someone at Gillette saying "fuck everything, we're doing five blades"
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Michael Kwun @mkwun.bsky.social · 06/05/2025
aim higher, NYC, aim higher
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Michael Kwun @mkwun.bsky.social · 06/05/2025
if only there had been more time between the votes, to allow Trump some time to campaign for Merz...
LIVE 2m ago

Merz Wins 2nd Vote to Become German Chancellor

Friedrich Merz, the conservative leader, rebounded from a surprising defeat in Parliament hours earlier that had threatened to hobble the new government.

See more updates >
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Michael Kwun @mkwun.bsky.social · 06/05/2025
FWIW, I used ChatGPT to figure out the page number for the "She went boneless" cite to Knuffle Bunny. and then I doublechecked the citation format in the Bluebook. you have to commit to these things.
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Michael Kwun @mkwun.bsky.social · 06/05/2025
Mo Willems, Knuffle Bunny 17 (2004) ("She went boneless.").
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Michael Kwun @mkwun.bsky.social · 05/05/2025
it's definitely not butter
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Michael Kwun @mkwun.bsky.social · 05/05/2025
duh, you login because you're jonesing to play Queens
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Michael Kwun @mkwun.bsky.social · 05/05/2025
I totally assimilated that taco (I know today is the day for Star Wars jokes, but you work what life hands you)
part of a white sticker from takeout food—the sticker says "Shrimp Taco (Single)" and also says "(7 of 9)"
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Michael Kwun @mkwun.bsky.social · 26/04/2025
@chancerydaily.bsky.social memories (the comments for this FB post cover the next 5+ months, until Musk agreed to close)
FB post screencap:

On this day
3 years ago

Michael Kwun
April 26, 2022

As of today's close of market, TWTR is trading at $49.68, which is an 8.3% discount to the deal price of $54.20. 

That implies a collective belief that there is a significant chance that the deal won't close.

[8 likes/shocked reactions; 45 comments; 1 reshare]
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Michael Kwun @mkwun.bsky.social · 24/04/2025
yeah, I don't think I ever bought Chant, but I definitely bought MCMXC a.D.
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Michael Kwun @mkwun.bsky.social · 24/04/2025
...and that there was a phase where we bought CDs to listen to in cars
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Michael Kwun @mkwun.bsky.social · 24/04/2025
yes, but really it's an incompetent and lazy (or at the very least grossly negligent) lawyer
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Michael Kwun @mkwun.bsky.social · 24/04/2025
I'd like to think that Gregorian chants polled better in the mid-1990s
cover art for Chant by the Benedictine Monks of Santo Domingo de Silos
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Michael Kwun @mkwun.bsky.social · 23/04/2025
wait, maybe "full autonomy" is referring to skynet?
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Michael Kwun @mkwun.bsky.social · 23/04/2025
I would not recommend getting in a robotaxi that precedes full autonomy
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Michael Kwun @mkwun.bsky.social · 22/04/2025
but was Brad's argument, in fact, wrong? that's what we want to know.
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Michael Kwun @mkwun.bsky.social · 22/04/2025
Tesla's Q1 earnings were down 71% over Q1 2024. that's a year-over-year comparison, so saying first quarters are typically bad doesn't explain things.
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Michael Kwun @mkwun.bsky.social · 22/04/2025
the article is fine, but let's be serious this comment from the author about the article is even better
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Michael Kwun @mkwun.bsky.social · 22/04/2025
did someone say hot dog costume? @itsmattslaw.bsky.social
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