Intellectual Property Professional Practice

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Move Over, Billable Hour; There's a New IP Fee Arrangement in Town

The practice of law has changed greatly over the past decades. We have witnessed great growth in solo and small firm practice, as well as a large movement to in-house practice. We are even seeing growth in freelance attorneys...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

IP Newsflash - September 2014

Federal Circuit Remands for Reconsideration of $6.6 Million Attorney Fees Award On September 4, 2014, the Federal Circuit remanded a case to the district court to reconsider an attorney fees award in light of the Supreme...more

Objective Baselessness and Subjective Bad Faith for Exceptional Case Determination Are Still Applicable Even After Octane Fitness

Bianco v. Globus Medical, Inc. - Interpreting recent Supreme Court of the United States precedent that arguably relaxed the legal test for determining whether a case is “exceptional” to warrant an award of attorneys’...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

ALIS – A Legal Guide For Writers

The good folks at Nova Scotia’s Artists’ Legal Information Society (ALIS) have published their free Legal Guide for Writers, a solid plain-English resource which will prove useful both for authors and their lawyers. Published...more

Subject Matter Conflicts of Interest in Patent Prosecution – Training Your Team

This article series is focusing on subject matter conflict of interest issues that are a significant concern for attorneys. Patent practitioners have an additional layer of concern with respect to subject matter conflicts of...more

Boom or bust for patent trolls?

House of Representatives passing the Innovation Act in December, and now heading for the Senate, does 2014 hold the answer to the patent troll question? Andrew Mizner reports. In 2013, the dockets of courts in...more

"Non-Practicing Lawmakers" -- The Mark-up of H.R. 3309 (Innovation Act)

As we have previously reported, Rep. Goodlatte (R-VA), the Chairman of the House Committee on the Judiciary, introduced the "Innovation Act" (H.R. 3309) to curb abusive patent litigation, and conducted a hearing of his...more

Simplify and Emphasize in Litigation Graphics

In oral argument, a litigator has very limited time—she needs to hit the high points and move on. She must communicate enough information to convince the judge or jury of her argument, yet must avoid getting mired in...more

Sipping From the Fire Hose: Techniques for Managing E-Discovery and Evidence in Litigation

On Tuesday, October 1, 2013 at noon Pacific Time, I will present a webinar for SFTLA entitled “Sipping From the Fire Hose: Techniques for Managing E-Discovery and Evidence in Litigation.” If you are reading this post before...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

Animating the Hypothetical Negotiation of a Reasonable Royalty in Patent Litigation

Good litigation graphics convey a message quickly and clearly. The example animation in today’s post supports an argument that plaintiff’s claim for a “reasonable royalty” in a patent case was unreasonable because the claim...more

Weekly eDiscovery Top Story Digest - September 4, 2013

Compiled by @ComplexD from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and...more

Displaying Patent Language in Patent Litigation

As lawyers, we are always arguing about documents, and we often need to display those documents in court. In patent cases, displaying documents is particularly important because the patent’s language describes the invention....more

Paperless Manifesto: The Value of a Paperless Practice & Three Steps to Make it a Reality

No conversation about law practice technology can begin without first assuming a paperless practice. Why not? Because a paper-based practice is the antithesis of law practice technology. Advances in law practice technology...more

Timeline Design for Litigation: When to Use a Static Timeline

“I need a timeline.” This is how litigators often start in asking for legal graphics. This start to the graphics conversation makes sense because timelines are perhaps the most common type of legal graphic, and the most...more

Try E-Briefs As Part of Your Hearing or Trial Presentation

For your next trial or important hearing, you should seriously consider using an e-brief to help the judge (and the judge’s clerk) navigate and understand your argument. Cogent Legal recently helped a team of patent...more

Microsoft Makes Minority-Owned Firm Its Premier Provider [Video]

June 25 (Bloomberg) -- Emery Harlan, chairman of Gonzalez Saggio & Harlan LLP, talks with Bloomberg Law's Spencer Mazyck about his firm being named a Premier Provider for Legal and Corporate Affairs by Microsoft Corp. The...more

How to Escape PowerPoint Video Hell

I’ve been thinking a great deal about PowerPoint recently, and not in a good way. At Cogent Legal, we have been working hard on a number of cases that involve extensive use of PowerPoint for the client, and I often feel that...more

Study Shows Hiring an Attorney Gives You a Better Chance of Registering Your Trademark

Preparing a trademark application to the United States Patent and Trademark Office? A recent study shows that hiring an experienced trademark attorney to guide you through the process can give you a much better chance of...more

Today’s “Troll,” Tomorrow’s Client

Reporter Ashby Jones of The Wall Street Journal this week highlighted a controversy surrounding a long-standing practice to leverage the profitability of patents regardless of how or whether those patents are being used by...more

How Facebook's Lawyers Price Their Services [Video]

March 7 (Bloomberg Law) -- Silicon Valley's Fenwick & West -- which incorporated Apple and took Facebook public -- recently hired a new kind of staff position: a product manager charged with helping clients understand the...more

Supreme Court Holds a Gunn to Exclusive Federal Court Jurisdiction Over Patent Malpractice Claims

In Gunn v. Minton, the Supreme Court held that federal courts do not have exclusive jurisdiction over patent malpractice claims. Under 28 USC § 1338(a), federal courts have exclusive jurisdiction over cases “arising under any...more

Unfiltered Orange | Weekly eDiscovery News Update – February 20, 2013

Recognized nationally in Forbes’ Law and Technology Blog as a leading source of trusted eDiscovery information, Orange Legal Technologies’ Unfiltered Orange newsletter is published weekly to provide legal and technology...more

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