Sat.Oct 08, 2022 - Fri.Oct 14, 2022

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Our Law Firm Is Too Small to Be in Danger From Cyberattacks – Wrong!

Attorney at Work

Think Again About the Cybersecurity Risks of Small Law Firms. It is astonishing how often small law firms tell us that they are too small to be at serious risk for cyberattacks. Anecdotally, we can tell them of many successful attacks on small law firms, though our knowledge is derived from successful attacks where we’ve been called in to investigate or remediate the damage, so we cannot identify the law firms.

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Robot War at ITC Leads to Preliminary Win for iRobot

IP Watchdog

Roomba maker IRobot Corp. came closer to its goal of knocking down cheaper rival SharkNinja after winning a decision in its patent-infringement case at the International Trade Commission (ITC/Commission), though it wasn’t a clear victory. ITC Judge MaryJoan McNamara said SharkNinja infringed two of four asserted iRobot patents, according to a notice posted last week on the agency’s electronic docket.

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How to Avoid Alex Jones's Billion Dollar eDiscovery Mistakes

The TechnoCat eDiscovery Blog

Polarizing media personality, Alex Jones of Infowars infamy, now carries the dubious honor of receiving one of the largest civil verdicts against an individual in US history. This week a Connecticut judge awarded the pla.

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The Best Advice on How to Start a Law Firm Comes From A Judge!?

My Shingle

For almost two decades, I’ve trolled the internet for good advice to share here on how to start or run a successful law firm. And friends, let me tell you that it’s pretty slim pickings out there.

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Trial Prep: What Attorneys Really Want (And How to Deliver It)

Speaker: Joe Stephens, J.D., Attorney and Law Professor

Get ready to uncover what attorneys really need from you when it comes to trial prep in this new webinar! Attorney and law professor, Joe Stephens, J.D., will share proven techniques for anticipating attorney needs, organizing critical documents, and transforming complex information into compelling case presentations. Key Learning Objectives: Organization That Makes Sense 🎯 Learn how to structure and organize case materials in ways that align with how attorneys actually work and think.

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Ethical Considerations for Flat Fee Billing

Attorney at Work

Lawyer flat fee billing can be tricky. Transitioning to flat fees means passing the reasonableness test and following local ethics guide rails. QUESTION: I’m a solo practitioner with a general practice handling everything from real estate transactions to family law. While most of my billing comes from traditional hourly rates for matters, I have always used flat fees for certain client demands such as residential real estate transactions and basic estate planning.

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The Pride in Patent Ownership Act is Big Tech Boondoggling

IP Watchdog

The Pride in Patent Ownership Act, S.2774, is currently being attached to the National Defense Authorization Act (NDAA). The NDAA is “must pass” legislation funding the military at a time when wars are brewing around the world, some with credible threats of nuclear war. Attaching the Pride in Patent Ownership Act to the NDAA means it will certainly become law.

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Referrals Are Still the Hundred Million Dollar Standard for Lawyers Seeking Clients

My Shingle

Four years ago in a post at Above the Law, I described my informal poll of thirty Facebook group participants and found that the overwhelming majority identified personal referrals – either from other lawyers or former clients – as their top source of business.

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How Modern Law Firms Can Reduce Accounts Receivable

Attorney at Work

If you’re stuck with high law firm AR, a change of strategy could be past due. There’s no question that many law firms struggle to whittle away at their accounts receivable (AR), the outstanding amount that has been invoiced and not paid. While it’s always the goal to ensure invoices are collected in a timely fashion, lawyers still face unique challenges when closing out their books at the end of the month.

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Chinese Patent Office Plans to Crack Down on Abnormal Patent Applications

IP Watchdog

The China National Intellectual Property Administration (CNIPA) released a draft of new measures that would downgrade the ratings of Chinese patent agencies that approve abnormal or fraudulent patents. CNIPA released the draft on October 8, which expands on a trial started in January 2022 in four provinces. The draft sets out to “crack down on illegal and untrustworthy acts” carried out by Chinese patent agencies and promote a healthier development of Chinese intellectual property.

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Apps for Lawyers to Increase Productivity

MyCase

Managing a law firm requires overseeing several moving pieces—lawyers must keep track of client meetings, courtroom appointments, invoicing, calendaring, accounting, and more. Poor management and disorganization can be costly and result in lost billable hours, client dissatisfaction, and even malpractice. Plus, in the last few years, remote work has added another layer of complexity as many attorneys are now managing firms from a distance. .

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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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Love These Days Like Any Other

My Shingle

When writer and memoirist Nina Riggs went through her first round of chemo for breast cancer, her husband shared how eager he was for the treatment to end so their life to return to normal. To which Nina replied: “I have to love these days in the same way I love any other.

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10 Marketing and Business Development Activities Any Attorney Can Complete in ONE Weekend?

Attorney at Work

Attorney business development isn’t easy — especially when you don’t have time to lay the groundwork. This checklist will help you make headway in just a few focused hours. Your business development department or practice leader has been pushing you to work on business development activities. Meanwhile, your clients have you billing more hours than ever.

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This is No Time for Another TRIPS Blunder

IP Watchdog

With all of the problems besetting us, you might think that the last thing we need right now is another give-away of critical technologies, but that could be about to happen. Negotiations are underway in Geneva over a proposal from “developing countries” that negating patent protections for our COVID-19 vaccines wasn’t good enough. Now they want to extend that foolish concession we agreed to earlier this year to any COVID therapy.

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Take Your Practice to the Next Level With Document Automation Tools

Attorney at Work

Are you looking for ways to take your law practice to the next level? Consider using document automation tools to help streamline your workflow and produce more accurate documents faster. Document automation tools can help you create and manage documents more efficiently, which can save your firm time and money. Here’s an overview. What Is Document Automation and How Can It Help Your Law Practice?

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Deposition Prep Like a Pro: Insights from a Paralegal's Playbook

Speaker: Kaitlyn "The Persnickety Paralegal" Story

Deposition preparation is a critical aspect of a paralegal's role, requiring meticulous attention to detail and proactive management of the case timeline. In this session, participants will explore how effective deposition preparation not only contributes to the success of the legal team but also helps maintain a balanced workflow, minimizing last-minute crises.

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Hughes Dissents in Partial Win for Inventor Against Google at CAFC

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision in part reversing and in part affirming a district court’s dismissal of an inventor’s patent infringement suit against Google under Federal Rule of Civil Procedure12(b)(6). Judge Hughes dissented in part from the majority’s opinion, which was authored by Judge Stoll, explaining that he would have found all of the challenged claims patent ineligible.

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SCOTUS Justices Lob Tough Questions at Both Sides in Prince-Photo Fair Use Fight

IP Watchdog

The Supreme Court today heard oral arguments in The Andy Warhol Foundation v. Lynn Goldsmith, a case asking the nation’s highest court to determine whether Warhol’s unlicensed use of Goldsmith’s photographs of pop superstar Prince was a fair use of that copyright-protected photo. Many of the Supreme Court’s questions focused on the scope of the use at issue in the case, as well as the extent of the new meaning or message that a purportedly derivative work must take on before it is considered tra

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Amgen Says Solicitor General’s ‘Disagreement With Everyone’ Further Supports SCOTUS Review of Legal Standard for Enablement

IP Watchdog

On October 5, American biopharmaceutical firm Amgen filed a supplemental brief at the U.S. Supreme Court, which comes about two weeks after the U.S. Solicitor General’s office filed a brief urging the Court to deny certiorari on Amgen’s petition for writ. Amgen’s petition seeks Supreme Court review of rulings in the lower courts invalidating Amgen’s patent claims for lack of enablement.

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Presenting the Evidence for Patent Eligibility Reform: Part II – Harm to R&D Investment, Innovation and U.S. Interests

IP Watchdog

The muddled state of patent eligibility law has direct and significant negative consequences for U.S. R&D investment, and for innovation in key fields of medical, economic, and strategic importance to the United States and its citizens. Uncertainty reduces R&D investment, as has been well-documented, and reliable patent protection mitigates uncertainty and generates increased R&D investment.

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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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Other Barks & Bites for Friday, October 14: Russian Oil Patents Unenforceable in the Netherlands, FTC and DOJ Hold Digital Competition Policy Dialogues with EU and G7, and EUIPO-EPO Report Shows IP-Intensive Industries Support 82 Million EU Jobs

IP Watchdog

This week in Other Barks & Bites: the Third Circuit affirms a partial denial of preliminary injunctive relief in a trade secret case involving processors for cremation equipment; Netherlands’ patent office announces that oil and gas patents held by major Russian energy firms are unenforceable in that country; the Federal Circuit finds that patent claims covering methods of digital recording physical activity survive Alice/Mayo at step two on the pleadings over a dissent from Judge Hughes; a

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SCOTUS Week in Review: Cert Denied in Cases Challenging Fairness of IPR Institutions, Application of Alice/Mayo; SG Briefing Requested in Teva’s ‘Skinny Label’ Case

IP Watchdog

On October 3, the U.S. Supreme Court entered an order list in which it denied petitions for writ of certiorari in several cases involving questions under U.S. patent law. In rejecting these appeals, the Supreme Court declined to clarify aspects of the written description requirement under 35 U.S.C. § 112, the patent eligibility standard under the Court’s two-step framework for 35 U.S.C. § 101 subject matter eligibility, and whether institution decisions at the Patent Trial and Appeal Board (PTAB