Sat.Aug 13, 2022 - Fri.Aug 19, 2022

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Five Ways to Get Back to You

Attorney at Work

Reconnecting with yourself is a critical course correction for a frenzied lawyer; the job can get ahead of you. Here’s how to come back. Sometimes we get busy in life — with work, family, building our business, taking care of others, and on and on. When this happens, we can start going through the motions without even realizing it. Until we wake up one day and think: Who am I?

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High-Risk, High-Capital Investments Lead to Breakthrough Cancer Treatments

IP Watchdog

Everyone knows someone whose life has been impacted by cancer, be it a parent, a sibling, or a friend. But it is rarer, perhaps, to know a family touched by pediatric cancer. Yet, cancer is the second leading cause of death in individuals under 14, impacting?nearly 10,500 children annually in the United States. Fifty years ago, a child diagnosed with cancer had a median five-year survival rate of only 58%.

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Bonuses Boosting In-House Lawyer Compensation

InHouseBlog

Despite rampant inflation and a looming recession, in-house lawyer compensation continues its meteoric rise boosted by bonuses that are also being deployed to recruit new hires. How does your pay package stack up? Our In-House Counsel Salaries Guide can help you evaluate how your compensation compares to similarly-situated in-house lawyers. Competition is not decreasing, it is increasing despite the overall economic conditions, and there are a plethora of General Counsel and Chief Legal Officer

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Litigation Moneyball: Data Mining Litigators

The Cloud Court Blog

If you’ve read anything by Michael Lewis over the years, it’s impossible not to notice a recurring theme. And it’s this: data—obtained by people dispositionally prepared to wield it—is regularly used to gain serious advantages in highly competitive enterprises. As explored in Lewis’s books, some of those enterprises include: Baseball (Moneyball); High-frequency trading and dark pools (Flash Boys); and Mortgage-backed securities (The Big Short), among others.

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Visibility Into the Strategy & Supporting Documents of Major US Law Firms

Law Firm Intelligence by Trellis aggregates state trial court data across the Trellis platform enabling users to: look up a particular metric related to a specific law firm (such as, how many cases a law firm had or has against another law firm), and see the actual dockets and documents supporting the metric. Trellis data is maximized in a revolutionary and unique way to provide users an exclusive look into a law firm litigating in state trial courts.

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Building a Solid Relationship With Clients Throughout the Client Journey

Attorney at Work

You can prepare a dynamite brief or brilliant estate plan, but if the client journey is difficult, your client still may not be happy. After 15 months in progress, our new custom home was completed recently. As one might expect, between COVID-19, supply chain issues and labor shortages, all did not go smoothly. I’m no house-building novice — this is the eighth home we’ve built — so I understand that things don’t always go as planned and I know it’s not always the contractor’s fault.

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USPTO Policy on Director Review of Institution Decisions Does Not Violate Appointments Clause, Says CAFC

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential order denying a petition for writ of mandamus filed by Palo Alto Networks (PAN) that asked the court to compel the U.S. Patent and Trademark Office (USPTO) to grant Director Review of the Patent Trial and Appeal Board’s (PTAB’s) decisions not to institute inter partes review (IPR) and post grant review (PGR) of Centripetal Networks’ patents.

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How to Champion New LegalTech: Rig the Game

The Cloud Court Blog

I wrote about the simple principle of “starting small” a couple of weeks ago. We launched a program that does precisely this: find a select group of likely users to try one piece of functionality. Ask them to change only one thing about how they conduct their litigation practices. It’s a natural segue to the next idea on how to champion useful LegalTech.

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Law Firm Cyber Risk: The 5 Ways Cybercriminals Most Likely Will Attack Your Computers — And 7 Things You Can Do

Attorney at Work

Attacks on your courtroom arguments? Those you can survive. Attacks on your witnesses’ credibility, ditto. Not so a cyberattack. A successful cyber attack can expose the contents of your computer systems — things like confidential client data, work product, financial records, account passwords, and everything else you have a consequential professional and legal obligation to safeguard.

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How Patent Owners Should Be Rethinking Venue Selection and Case Strategy in a World Without Waco

IP Watchdog

With Judge Alan Albright no longer a lock for patent litigants in the Western District of Texas, prospective claimants and their counsel should be rethinking their venue selection strategies. Litigants and lawyers who previously relied on Judge Albright’s favorable procedural rules and efficient trial schedules as a proxy for more rigorous due diligence will now need to take a closer look at the merits of their cases when considering whether and where to file.

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Improve Performance and Profit With a Law Firm Financial Dashboard

MyCase

Analytics allow you to use data for setting, measuring, and evaluating your firm’s financial and operational performance. This includes uncovering any trouble areas affecting cash flow and productivity, as well as insight into aspects like client intake leads, aging invoices, and staff workflow. . While measuring the success of your firm’s operations, new business, and finances can often feel overwhelming, cloud-based legal software that features law firm financial dashboard analytics can simpli

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Stay On Top of Newly Filed State & Federal Litigation: Curated Just for You!

With Daily Filings Report by Trellis you will receive an email and csv file daily with all new cases filed in the jurisdictions you're tracking. Each new case will include all case metadata like judge, parties, counsel, practice area, and even direct links to the full docket and complaint. Trellis Daily Filings Reports provide direct access to newly filed state and federal litigation curated just for you.

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Amicus Brief Backing Inventor’s Eligibility Petition to SCOTUS Says 101 Exceptions Constitute ‘Judicial Legislation’

IP Watchdog

On August 5, US Inventor and Eagle Forum Education & Legal Defense Fund (Eagle Forum ELDF) jointly filed an Amicus Brief supporting inventor David Tropp’s petition for a writ of certiorari to the U.S. Supreme Court (SCOTUS) regarding whether Tropp’s method claims are patent-eligible under 35 U.S.C. 101. Tropp owns two patents relating to luggage lock technology that enables airport screening of luggage while still allowing the bags to remain locked.

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Eleventh Circuit Affirms Finding that Takedown Notice for Auto Stickers Violated DMCA

IP Watchdog

The U.S. Court of Appeals for the Eleventh Circuit on Wednesday affirmed a district court’s comprehensive order finding that Day to Day Imports, Inc. (DDI) acted with willful blindness in submitting a fifth Takedown Notice to Amazon asking that auto stickers it alleged infringed its licensed artwork be removed from the site. DDI took a license in 2016 to the copyright for artwork created by Harold Walters for a set of replacement stickers for the dashboard climate controls for certain General Mo

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CAFC Says Generic Blood Pressure Product Described in ANDA Will Not Infringe Par Pharma Patents

IP Watchdog

In its third precedential patent decision this week, the U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed a district court’s finding that Eagle Pharmaceuticals, Inc.’s abbreviated new drug application (ANDA) does not infringe two patents owned by Par Pharmaceutical, Inc., Par Sterile Products, LLC, and Endo Par Innovation Company, LLC (collectively, Par).

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Streamlining Patent Examination: Amendments to Canada’s Patent Rules Coming Into Effect Soon

IP Watchdog

Responding to the patent term adjustment obligation under the Canada-United States-Mexico Agreement (CUSMA) and to “streamline the patent examination process”, the Canadian government has registered major changes to the Canadian Patent Rules. The amendments will come into effect on October 3, 2022, and include notable modifications to the patent application examination process, such as establishing excess claim fees for over 20 claims, fees for continuing examination beyond three office actions,

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Amicus Brief in OpenSky Case Implores USPTO Director to Change Rule on Abuse of PTAB Process

IP Watchdog

Inventor Ramzi Khalil Maalouf yesterday filed an amicus brief suggesting that U.S. Patent and Trademark Office (UPSTO) Director Kathi Vidal change the language of Rule 37 CFR 42.12(a)(6)) to indicate that the Patent Trial and Appeal Board (PTAB) “shall” rather than “may” sanction abuse of the post grant process. The brief was filed in response to Vidal’s July request relating to OpenSky Industries, LLC v.

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Ingenio’s Failure to Seek Remand Under SAS Institute Dooms CAFC Appeal

IP Watchdog

On August 17, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Click-to-Call Technologies LP v. Ingenio, Inc. finding in part that, as a matter of law, Ingenio was estopped from challenging the validity of a patent claim on grounds it could have reasonably challenged during inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB).

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CAFC Affirms PTAB Decision Invalidating Flow Meter Patent Claims

IP Watchdog

On August 12, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Kamstrup A/S v. Axioma Metering UAB affirming a final written decision by the Patent Trial and Appeal Board (PTAB) that invalidated all challenged claims as obvious or anticipated. In so holding, the Federal Circuit found that the PTAB properly construed a product-by-process claim element as not entitled to patentable weight and dismissed Kamstrup’s arguments that the asserted prior art was n

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Trust Accounting Made Easy For Your Firm

MyCase

Now that’s quite a lofty title, right? Isn’t trust accounting supposed to be complex? Isn’t it the infamous process that trips up attorneys and bookkeepers new to legal accounting? While I’m here to tell you that it can be simple when done correctly, it literally all comes down to following the rules. Fortunately, the folks at MyCase shared this great resource , which provides information on all the different states’ bar rules.

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How Do Lawyers Plan for Retirement?

MyCase

Whether your retirement is around the corner or further down the road, retirement for lawyers requires extensive preparation. There are certain lawyer retirement rules and regulation requirements you’ll need to follow—and they vary from state to state. . For example, Nevada lawyers will have a different retirement process than New York lawyers. According to Law.com , attorney retirement in New York is “remarkably complex” with “variations of ‘retire’… used in different contexts.

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Run Your Practice More Mindfully on a Legal Pad

Attorney at Work

Sam Walton turned a five-and-dime into the Walmart empire using little more than business savvy and a legal pad. His reliance on yellow legal pads is well-documented. His desk at the Walmart Museum has a stack of the ubiquitous pads still covered in Walton’s exhaustive notes. If Walton used those cheap yellow pads to become a billionaire, you might find them useful in running a law firm.

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Orgaimi Founder Paul Giedraitis: Understanding the Value of Client Intelligence

Attorney at Work

For a recent Reinventing Professionals podcast, I spoke with Paul Giedraitis, a Principal at Axiom Consulting Partners, and the founder and President of Orgaimi, a client intelligence platform for law and accounting firms, about the importance of harnessing the power of your firm’s data. Jump to: How do you align your work as a Principal at Axiom Consulting Partners with your leadership of Orgaimi?

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CHIPS and Science Act Neglects the Importance of IP Rights in Encouraging American Innovators

IP Watchdog

On August 9, President Joe Biden signed into law the Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act, enacting a major legislative package that will provide $280 billion in federal funding to encourage the domestic production of semiconductor products in the United States as well as fund research and development projects in advanced technological fields like quantum computing and artificial intelligence.

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Other Barks & Bites for Friday, August 19: Eleventh Circuit Holds Party to Willful Blindness Standard in DMCA Case, Seventh Circuit Finds Personal Jurisdiction Over Chinese NBA Counterfeiter, and Fifth Circuit Accepts Jurisdiction Over Walker Process Claims for Patent Fraud

IP Watchdog

This week in Other Barks & Bites: the Federal Circuit rules that Eagle Pharmaceutical’s ANDA defines a product that does not infringe upon Par Pharmaceutical’s patents covering Vasostrict; an inventor amicus brief in the OpenSky IPR asks USPTO Director Vidal to mandate sanctions for abuse of PTAB process; the Seventh Circuit affirms a default judgment against a Chinese counterfeiter of sports merchandise after finding personal jurisdiction over the defendant; the Fifth Circuit accepts the F

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