Intellectual Property Professional Practice Science, Computers & Technology

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A “Solution” in Search of a Problem? The Innovation Act of 2015 and Trends in Fee-shifting in Patent Litigation

On February 5, 2015, Rep. Robert Goodlatte (R-VA) introduced H.R. 9, entitled the “Innovation Act.” Among other things, the bill would direct courts to award attorneys’ fees and litigation-related expenses to prevailing...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

Copyright Law and the Fight Against Revenge Porn: Q&A With David Bateman of the Cyber Civil Rights Legal Project

In-depth Q&A with attorney David A. Bateman about the Cyber Civil Rights Legal Project, which Bateman co-founded last year with K&L Gates colleague Elisa J. D'Amico to help victims of revenge porn. We wanted to learn...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

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

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

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

Favorite Law Blogs and Most Useful Posts for Lawyers from 2012

I’d like to share with you some personal recommendations of blogs that made the ABA Journal’s 2012 list of top 100 law blogs, or “blawgs.” I’m also including some blogs recommended by my colleague, patent attorney Michael...more

Beyond the Cloud: How to BYOD, Step 1

Moving data to the cloud has been the critical data security challenge confronting organizations in the past few years. With the cloud transition well underway, the spotlight has turned to securing end-user devices like...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

Why You Should Join the Growing Number of Attorneys Using iPads

I found the comprehensive study released by the ABA on attorneys’ use of technology very interesting. Kevin O’Keefe summarized the study done by Jeff Richardson as follows: In 2012, 33% of all attorneys report using a tablet...more

Extreme Magical Thinking: TEchnology Won't Take You Off the Hook

I have been encountering a lot of magical thinking recently when talking with law firm partners about Legal Project Management. One partner, hoping that the IT and KM folks can simply buy a tech solution so that he could...more

FROM EUROPE: the surge in litigation/compliance review, and outsourced legal work

6 May 2011 – I settled in Brussels about seven years ago (I hold several nationalities and am fluent in several languages) after a career in the U.S. in intellectual property law (with which I am still deeply involved) and a...more

Best iPhone Android & Blackberry Apps for Lawyers

Handout of top ten lists for best smartphone apps on iPhone/iPad, Android, and Blackberry platforms. From a March 2011 seminar hosted by the Palm Beach County Bar Association....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

Copyright Law Overview for the Entrepreneur

This concise overview guide offers a convenient primer on US copyright law for small business entrepreneurs and artists. . . ...more

Everything's Negotiable: How Corporations Can Drastically Reduce Their IP Legal Costs without Sacrificing IP Quality

For most corporate buyers of IP legal services the ability to obtain substantive cost reduction has been somewhat limited due to the lack of transparent information available about legal fees. IP law firms have benefited...more

Patent Owners Can Improve Monetization Efforts When Attorneys Act as "Technology Scouts"

Relatively few patents end up being valuable for a client. This typically occurs because the business needs of the client changed during the time the patent application was pending. Historically, such non-aligned patent...more

Patent Owners Can Improve Monetization Efforts When Attorneys Act as "Technology Scouts"

Relatively few patents end up being valuable for a client. This typically occurs because the business needs of the client changed during the time the patent application was pending. Historically, such non-aligned patent...more

Innovations in Corporate IP Management: Methodologies to Reduce Outside IP Counsel Costs

Corporate intellectual property ("IP") legal managers are under intense pressure to keep outside counsel legal budgets under control, at the same time IP is experiencing increasing importance as a corporate asset. ...more

The "Dirty Little Secret of Patents" is that Most are Worthless to Their Owners. Here is Why.

Notwithstanding the vast corporate and entrepreneurial resources expended each year to file, prosecute, manage and maintain patents, a significant majority end up having little or no business value to their owners. Whether or...more

Confessions of a Reluctant Convert to Electronic Patent File Management Systems & Why I Am Now a True Believer

For many years, vendors of office automation systems expended considerable effort trying to convince corporate and law firm patent attorneys to adopt paperless file management systems by touting the time and money savings...more

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