Sat.Jul 30, 2022 - Fri.Aug 05, 2022

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How to Fall in Love With the USPS

Attorney at Work

I’m in a relationship with the United States Post Office, and I think you should be too. Besides being the most effective marketing tool on the planet, and besides offering a seemingly lost-art method of connecting with clients, and besides being the only self-supporting Federal agency we have, the USPS is just cool. Well, mailing things is cool.

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The Federal Circuit’s ‘CAR T-Cell’ Decision: Courting a Disaster for American Innovation

IP Watchdog

The only president ever to obtain one, Abraham Lincoln knew the essential role patents have played in the scientific and technological innovations that have driven American growth and prosperity since the founding of the republic. Lincoln listed the development of patent laws—along with the invention of writing and the discovery of America—among the most important events in world history.

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Five Reasons Attorneys Should Ditch Spreadsheets

MyCase

Even if we spoke about lawyers just starting their practice, a spreadsheet is not a good idea — neither for case management nor accounting. If you’re reading this, you most likely agree. Allow me to bring some clarity to this. . #1 Using a Spreadsheet is NOT Scalable. A spreadsheet sounds great at first. It’s as if you have the software already. You know how to use it, and it helps you stay organized.

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Accounting malpractice and negligent tax advice

Newport Beach California Business Litigation Law B

When you run a business, the last thing you want to find out is that someone has given you bad accounting advice. You want to know that the information you receive is fair and accurate, so that you can make decisions that are good for your business. If you are contacted by the Internal Revenue Service or find that the books aren’t lining up with your personal account documents, you may want to look into accounting malpractice and determine if your accountant isn’t doing their job correctly.

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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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Doing an SEO Content Audit for Your Law Firm’s Website: 5 Key Steps

Attorney at Work

SEO best practices are constantly evolving. If you want to keep your website running at optimal performance, you need to regularly evaluate its status through an SEO content audit process. Planning, conducting and evaluating an SEO content audit may sound time-consuming, but it will ultimately pay off when your website continues to perform well — or performs better.

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CAFC ‘Unambiguously’ Backs USPTO in AI as Inventor Fight

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled today in Thaler v. Vidal that an artificial intelligence (AI) machine does not qualify as an inventor under the Patent Act. The decision is the latest in a series of rulings around the world considering the topic, most of which have found similarly. Judge Stark authored the opinion.

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Your 10-Step Plan for Tackling the Mock Trial Pretrial Argument

Mock Trial Nerd

Pretrial is usually the most intimidating part of mock trial. And yes, it can be a bit tricky, but don’t worry, I’ve got you! Now let me quickly acknowledge one thing: I know ten steps seems like a ton. And honestly, it kind of is. Especially for someone like you, who’s got already got a ton on their overflowing plate.

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How to Address an Envelope Like a Pro

Attorney at Work

You’re busy and you need to know how to address an envelope, so let’s get right into it. How to Address an Envelope in Three Steps. To address an envelope you will need to know three things: the recipient’s address, your return address, and how to locate a postage stamp. Write or type all of the “to” information squarely in the center of the front side of the envelope, like this: Step 1: The “To” Section.

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Tillis, Leahy Introduce Legislation Mandating Reports, USPTO Improvements on Patent Quality

IP Watchdog

Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT) today announced the introduction of the Patent Examination and Quality Improvement Act of 2022, which is aimed at “evaluat[ing] and improv[ing] the patent examination process and the overall quality of patents issued by the USPTO,” according to a press release. Last week, Tillis told IAM that he would be introducing legislation to reform U.S. patent eligibility law, which is still to come.

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Client Interview Transcript: Tips for Interviews with Clients

MyCase

Your first meeting with a potential client ranks among the most important touchpoints. The client interview is an opportunity to determine whether you should work together, discuss expectations and fees, and address questions. The initial interview sets the tone for your entire attorney-client relationship. . So how can you best prepare for these meetings and knock them out of the park?

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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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Moneyballing Litigation: Parallels between GCs and GMs

The Cloud Court Blog

As Michael Lewis of Moneyball fame once noted: “One absolutely cannot tell, by watching, the difference between a.300 hitter and a.275 hitter. The difference is one hit every two weeks.” [i] His point is both simple and profound: initial impressions can be deceiving, and if you want to draft players that are going to perform better than the opposition, you’re going to have to do some math.

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How to Address an Envelope Like a Pro

Attorney at Work

You’re busy and you need to know how to address an envelope, so let’s get right into it. How to Address an Envelope in Three Steps. To address an envelope you will need to know three things: the recipient’s address, your return address, and how to locate a postage stamp. Write or type all of the “to” information squarely in the center of the front side of the envelope, like this: Step 1: The “To” Section.

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CAFC Affirms Water Heater Infringement Ruling Based on District Court Claim Construction

IP Watchdog

On August 3, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision in A. O. Smith Corp. v. Bradford White Corp. which affirmed rulings from the District of Delaware that A. O. Smith’s patent covering a hot-water heater system was both infringed by Bradford White and not invalid. The appellate court ruled that the district court’s construction of a contested limitation within claim 1 was supported by the patent’s specification.

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Lawyer Call to Action: Top CTA Tips for a Law Firm

MyCase

Nearly every law firm today has a website, but not all websites are created equal. The best lawyer websites feature strategic calls to action (CTAs) to turn prospects into clients. In this article, we’ll discuss: . What is a call to action (plus examples) . Why CTAs are essential to law firm websites . Frequently asked questions about CTAs . Tips for writing a strong lawyer CTA that can improve client conversion.

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Seventh Circuit Throws Out Antitrust Suit Against AbbVie in Welcome Victory for Patent Rights

IP Watchdog

The U.S. Court of Appeals for the Seventh Circuit agreed with a district court earlier this week that neither a settlement agreement between AbbVie and a number of generic biologics companies, nor the 132 patents owned by Abbvie covering its blockbuster drug, Humira, violate the Sherman Antitrust Act. This holding, which is significant in its own right, also has broader implications for patent-antitrust analysis.

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Federal Circuit Delivers Amazon a Win, Vacating Jury Verdict that Echo Induced Infringement

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday reversed a district court’s denial of judgment as a matter of law (JMOL) to Amazon of no induced infringement and vacated a jury verdict finding that it had induced infringement of Vocalife LLC’s patent for a method of enhancing acoustics. Judge Hughes authored the opinion. The asserted patent was U.S.

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Tillis’ Promised Patent Eligibility Bill Would Overrule Myriad, Mayo

IP Watchdog

Today, Senator Thom Tillis (R-NC), the Ranking Member of the Senate IP Subcommittee, released the first draft of the Patent Eligibility Restoration Act of 2022, which if enacted would, at a minimum, overrule the Supreme Court’s decisions in Ass’n for Molecular Pathology v. Myriad Genetics, Inc., 133 S.Ct. 2107 (2013) and Mayo Collaborative Services v.

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A Cautious Welcome: Patent Community Chimes in on Tillis’ Eligibility Bill

IP Watchdog

This morning, Senator Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2022, S.4734, which would amend the U.S. Patent Act to clarify the application of 35 U.S.C. Section 101 to certain technologies. While the bill was welcomed by many in the intellectual property (IP) community, since it would abrogate or weaken many of the seminal decisions that have arguably caused confusion on eligibility over the last decade-plus, some have called the bill out as being far from perfec

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CAFC Upholds PTAB’s Finding that Samsung Failed to Prove Magnetic Stripe Emulator Claims Obvious

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday affirmed a Patent Trial and Appeal Board (PTAB) ruling that Samsung Electronics had failed to prove certain claims of Dynamics, Inc.’s patent for a magnetic stripe emulator that communicates with credit card readers unpatentable as obvious. Samsung petitioned the PTAB for inter partes review (IPR) of claims 1 and 5-8 of U.S.

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Eleventh Circuit Upholds Sanctions in Energy Drink Dispute for Failure to Provide Computation of Damages

IP Watchdog

On Wednesday, August 3, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s ruling against Vital Pharmaceuticals, Inc. (VPX) in the form of sanctions for violating its discovery obligations in a trade dress dispute with Monster Energy Company. The Eleventh Circuit also denied Monster’s motion for sanctions in the form of attorney’s fees and double costs.

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Copyright Office Tells Tillis Deferred Copyright Examination Will Not Achieve Cost Reductions

IP Watchdog

On August 1, the U.S. Copyright Office sent a report addressed to Senator Thom Tillis (R-NC) detailing the results of the agency’s study into the feasibility of a deferred registration examination (DRE) option for copyright applicants seeking registration under U.S. law. While the Office recognized the genuine concerns of those seeking the creation of such an option, the report issued by Register of Copyrights Shira Perlmutter concluded that alternative approaches for addressing those issues wo

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Vidal Takes Next Step on Senators’ Call to Curb Inconsistencies in USPTO/FDA Statements

IP Watchdog

Late last week, United States Patent and Trademark Office (USPTO) Director Kathi Vidal announced in a blog post that the agency had issued a notice in the Federal Register, which was published on Friday, to clarify the duties of disclosure and reasonable inquiry for pharmaceutical patent applicants, as well as parties to Patent Trial and Appeal Board (PTAB) proceedings.

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Law Firm Best Practices: Sending a Closing Letter

MyCase

When a legal case or matter has closed, it’s best practice to send a law firm closing letter to the client informing them that their legal representation has ended. Without clearly and formerly communicating closure, a client may think their representation is still occurring and lawyers risk unintentional malpractice. Closing letters not only help to clear up confusion or potential miscommunication, but they also help lawyers and clients part ways professionally and leave the door open for futur

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Lawyer Call to Action: Top CTA Tips for a Law Firm

MyCase

Lawyer Call to Action . Nearly every law firm today has a website, but not all websites are created equal. The best lawyer websites feature strategic calls to action (CTAs) to turn prospects into clients. In this article, we’ll discuss: . What is a call to action (plus examples) . Why CTAs are essential to law firm websites . Frequently asked questions about CTAs .

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Time Management Software for Law Firms: Best Legal Tracking for Lawyers

MyCase

Time Management Software for Law Firms . For many attorneys, legal time tracking is their greatest ally and worst enemy. Lawyers charging by the hour must track every minute to maximize profitability, while those working on a contingency or flat fee basis use frequent time entries to track case progress. . According to over 2,000 survey respondents who participated in MyCase’s 2021 Legal Industry Report , 61% of lawyers find capturing billable time a challenge.

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Other Barks & Bites for Friday, August 5: Win for AbbVie at Seventh Circuit; Eleventh Circuit Affirms Ruling for Monster Energy; and Ninth Circuit Reverses Fair Use Finding in Death Valley Lake Photo Case

IP Watchdog

This week in Other Barks & Bites: Senators Thom Tillis and Patrick Leahy introduce a bill to improve patent examination and quality, while Tillis’ office also releases a draft bill on Section 101 patent eligibility; the Ninth Circuit reverses a district court’s summary judgment ruling that the unauthorized use of photos of a lake in Death Valley was a fair use; Amazon will acquire robotics firm iRobot for $1.7 billion; the Seventh Circuit nixes antitrust claims against AbbVie after finding

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Law Firm Overhead: What It Is — and What It Isn’t

Attorney at Work

I talk to a lot of law firms about the “Rule of Thirds.” Basically, you divide your revenue into thirds for people, law firm overhead and profit. One-third of revenue goes to pay the people doing the work. One-third of revenue goes to overhead. One-third of revenue goes to profit. But people often ask me, “What exactly is in law firm overhead?”.

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Cover Letter for Law Firms: Making a Great First Impression

MyCase

The time has come to apply for that coveted position at a reputable law firm. Your resume is up to date but you’re missing one element that can instantly move your application to the front of the pile. Yes, it’s the dreaded cover letter and no, it’s not a waste of time. According to a survey by OnePoll on behalf of ResumeLab (a job application software company), 83% of surveyed HR professionals say cover letters are important for their hiring decision and that a great cover letter can help you s

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Three Letters Summarize the March-In/ Compulsory Licensing Debate

IP Watchdog

Health and Human Services (HHS) Secretary Xavier Becerra may consider himself a lucky man (which would probably sound ironic to him at the moment). He just received three letters which aptly summarize the fork in the road he faces in deciding which way to turn in a critical policy decision. On June 23, Senator Elizabeth Warren (D-MA) and Rep. Lloyd Doggett (D-TX), joined by 98 of their Democratic Congressional colleagues, sent him the latest in their series of letters urging him to use alleged e

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