Intellectual Property Civil Procedure Professional Practice

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Litigants Challenging PTO Decisions in District Court Should Be Prepared to Pay PTO’s Attorneys’ Fees - Shammas v. Focarino

Addressing the issue of attorneys’ fees in connection with a district court challenge of the U.S. Patent and Trademark Office’s (PTO’s) decision to reject a trademark registration, the U.S. Court of Appeals for the Fourth...more

If It’s Important, Don’t Put It in a Footnote - Cisco Sys., Inc. v. C-Cation Techs.

In a decision recently designated as “informative” and addressing the issue of using footnotes to cite to a 200-plus-page declaration to support conclusory statements in an inter partes (IPR) review petition, the Patent Trial...more

District Court Holds Plaintiff and Plaintiff's Attorneys Jointly and Severally Liable for Attorney's Fees and Costs After Finding...

After trial, HTC Corporation and HTC America, Inc. ("HTC") filed a motion seeking to recover attorney fees and costs from plaintiff's attorneys as well as from plaintiff Intellect Wireless, Inc. ("IW"). IW withdrew its...more

Legal Writing: Speak Freely (But Plainly, Please!)

“This petition . . . ask[s] this Court to unmistakably clarify, to the whole patent community, that its Mayo/Biosig/Alice decisions (“3 decisions”) ended the claim construction anomaly hampering especially ET CIs – but meet,...more

PTAB Threatens Sanctions for Unauthorized E-mails

Samsung Electronics Co., Ltd., et al. v. Black Hills Media, LLC - Addressing a patent owner’s unauthorized e-mail arguing for additional discovery and the petitioner’s likewise unauthorized responsive e-mail, an...more

Motion for Leave to File Billing Statements Under Seal Denied Where Billing Descriptions Were Not Protected by the Attorney-Client...

Plaintiffs filed a motion to permit them to file an affidavit, along with billing documents, under seal. The affidavit, along with its exhibits, was forty-seven pages in length. In the motion, the Plaintiffs contend that "the...more

Feathers start to fly over upcoming book about why lawyers suck

Today has been an interesting day for the “Why Lawyers Suck and What You Can Do About It” book project. First thing this morning I got a phone call from someone passionately supportive of this project and everything it...more

Court Reporters And Legal Videographers – Designation Of Transcripts

In complex litigation, and particularly trademark, patent litigation, court reporters often are asked to designate portions of transcripts as CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY. The procedure to take out the...more

IP Attorneys: A Guide to Effective, Engaging Graphics for Patent Litigation

Apple’s recent victory over Samsung in their patent infringement case had to be one of the most closely watched intellectual property cases ever, and trial graphics played a decisive role in shaping juror and public opinion....more

Non Disclosure Agreement NDA N.D.A.

A comprehensive NDA to be used with most mutual business arangements that involve the sharing of intellectual property for the purpose of business, marketing, product, development, et. al....more

Visual Presentations in Court: A New Study on What Works Best and Why

For ADR or trial, the adage “show, don’t tell” is a winning strategy to help convey a presenting attorney’s story, decipher complex content and cogently navigate themes. Now, a comprehensive visual persuasion study not only...more

Discovering ESI- Self-Reliance and Rule 26

ESI—Electronically Stored Information. FRCivP now requires an early conference among attorneys to discuss and plan discovery, including ESI. The Internet and ESI makes discovery easier, but also increases the volume...more

Developing A Discovery Plan For Litigation

Checklist for preparing a discovery plan to prepare for litigation with an eye towards trial....more

IP Litigation Insider - September 2010

In This Issue: Qui Tam, Quo Vadis? By: John Jackson and Sara Hollan Yogi Berra once said “[i]f you don’t know where you are going, you might wind up someplace else.” For the past year, Yogi’s words have aptly described...more

California Beneficiary v. California Trust

Petition Determine Validity of Trust, Accounting, Remove Trustees, Breach of Trust

PETITION TO DETERMINE VALIDITY OF PURPORTED TRUST AMENDMENT; SUSPEND AND REMOVE CO-TRUSTEES AND APPOINTMENT OF SUCCESSOR TRUSTEE; FOR OTHER RELIEF FOR BREACH OF TRUST; FOR AN ACCOUNTING; FOR INSTRUCTIONS [PROBATE CODE...more

Lawyers Missing Big Picture

Given that he is one of the world's leading experts in digital video, audio and imaging, it is ironic that Dr. Cliff Reader believes lawyers often come to him wearing blinders. So narrowly focused are they on the...more

Hiring an Expert You Don't Plan to Use

Do lawyers ever retain experts just to keep them from being hired by the other side? If so, is the tactic fair play in the hardball game of litigation? Or are lawyers who would do this – as one court suggested – short on...more

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