Sat.Jun 18, 2022 - Fri.Jun 24, 2022

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Searing Lessons From a State Bar Complaint: A Lawyer’s Story

Attorney at Work

Being on the receiving end of a state bar complaint and sanction is awful. It’s painful, it’s public and, frankly, it’s humiliating. Unfortunately, that’s something I know from personal experience. An Ethics Sanction Needn’t Be a Professional Death Sentence. That is, not if you don’t allow it to become one. Understandably, few attorneys want to talk about their experience with the disciplinary process, even though it’s not as rare as some might think.

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Note to Senators: U.S. Patent Office Remains Under a Permanent Injunction

IP Watchdog

On June 8, 2022, Senators Leahy, Blumenthal, Klobuchar, Cornyn, Collins and Braun sent a letter to U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal expressing concern about so-called “patent thickets” and requesting that she consider changes to the USPTO regulations and practices to address perceived problems with patent examination. The senators asked the USPTO to issue a notice of proposed rulemaking (which presumably must include new draft regulations) or at a minimum, a public r

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Legal Departments Not Viewed As Good Business Partners

InHouseBlog

Legal departments are not viewed as good business partners according to recent reporting. This view is not shared by the departments themselves, so there appears to be quite a disconnect brewing. Perhaps more effort needs to be made to break the reactive cycle that often exists and that can prevent the law department from being viewed as a cost-effective member of the business team.

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A Definitive Guide to Understanding Lawyer Hourly Rate

MyCase

At one point or another, most attorneys will need to set an hourly rate, whether for a complex criminal case or even for something as simple as drafting a contract. During this process, the first question typically asked is, “what is the average lawyer hourly rate?” . Below, we’ll explain the key things you need to know about lawyer costs and billing practices.

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Trellis Launches Trellis AI to Streamline Trial Court Litigation

Trellis AI leverages the largest repository of state trial court data to help litigators evaluate cases, automate brief drafting, suggest winning strategies, and more. Key components: Draft Arguments — Uses similar/successful motions in the Trellis database to generate arguments/citations for your motions seeking dismissal, summary judgment, etc. Case Assessment — Predict the likely outcomes of a case at any stage to help you decide to accept it, guide motion practice, make settlement offers, an

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Four Tips for Writing Legal Blog Posts that People Will Actually Read

Attorney at Work

Legal blog posts follow one of three formats: the case law breakdown, evergreen analysis or future forecast. Here’s how to write a well-structured case law breakdown post. Let’s face it. Many legal blog posts are easy to ignore. They’re long-winded, lack structure, and fail to serve the reader. Want to write better blog posts? I’m assuming you’ve got the substance nailed.

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Senators Urge Copyright Office to Reject DLC Request for Delayed Payments to Songwriters

IP Watchdog

A bipartisan group of senators on Friday sent a letter to Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office, expressing their concern about a letter sent by the Digital Licensee Coordinator (DLC) to the Office requesting that any obligation of DLC member companies to make retroactive royalty payments to copyright owners as a result of an imminent decision be delayed.

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5 Tips to Improve Profitability at Your Law Firm

MyCase

As a law firm, you have two main goals: the first is to provide top-notch service to your clients, and the second is to maximize your profits. In this overview, we’re focusing on the latter. We’ll explore some impactful ways you can increase the profitability of your business. . The Difference Between Revenue and Profitability. Most people are familiar with revenue , which refers to the amount of money your business brings in.

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How Lawyers Should Respond to Cognitive Decline in a Client

Attorney at Work

QUESTION: I’ve represented an individual client for almost 20 years in various transactional and litigation matters. Over the past year, I’ve noticed what seems to be a mild yet steady decline in his cognitive abilities. He has stopped email communications and now will only talk on the phone or have someone bring him to my office. Our discussions of pending matters are becoming disjointed and repetitive.

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CAFC Says District Court Correctly Invalidated Design Patent

IP Watchdog

On June 22, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the United States District Court for the Southern District of California granting summary judgment in favor of Golden Eye Media USA Inc (GEM) over Evo Lifestyle Products Limited, formerly known as Trolley Bags UK Ltd (TB UK) after holding TB UK’s U.S. Design Patent No.

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Using Microsoft Word Templates to Create Model Documents That Save Your Law Firm Tons of Time

Attorney at Work

Building good practice systems requires creating good model documents. Here’s how to get more organized and get more out of Microsoft Word by setting up “Gold Standard Templates” that reduce errors, minimize frustration and save tons of time. What Are Gold Standard Templates? Gold Standard Microsoft Word Templates are model documents set up in Word with frustration-free formatting, easy-to-identify changeable text, and all optional provisions in one place.

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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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Home Office Setup: The Best Products for Comfort, Productivity and Joy

Attorney at Work

The best home office setup goes beyond the computer. You already know you need two monitors. You’ve figured out you need an ergonomic wireless mouse. You’ve got online file storage and security protocols out the wazoo. But as we hurtle further into the new year, you might be thinking, “Could my home office setup be better? Could I create a space in which I thrive?

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Knowing Is Half the Battle: Pro Tips for Your First Assignment as an Associate

Attorney at Work

Looking back to when I was a new attorney in BigLaw, I think what made it especially stressful was the fact I just didn’t know what I didn’t know. And I didn’t even know enough to know what questions to ask. In light of that, here are a few questions you may want to consider asking when you get that first assignment. Four Questions a New Attorney Needs to Ask About Assignments. 1.

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A Letter of Closure for All the Right Reasons

Attorney at Work

Using a letter of closure at the end of client engagements varies greatly from firm to firm — and at times among lawyers within the same firm. Among those who don’t use them, the excuses I hear include, “We do a lot of flat-fee, in-and-out kinds of things (simple wills or small business formations) and the effort simply isn’t worth it.” Or, “Most of our work is for repeat clients and we’re certainly not about to say goodbye to them.

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Windows Logo Key “Fave 10” Shortcuts

Attorney at Work

“Don’t work for your computer, put your computer to work for you.” Save time with the Windows logo key, also known as the start key. Often I sound like a broken record. IRL (in real life), on my blog and here at Attorney at Work, I’m constantly repeating this mantra: “Don’t work for your computer, put your computer to work for you. ” Sometimes small bits of information that would make our day more efficient are overlooked (or forgotten).

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Deposition Prep Like a Pro: Insights from a Paralegals 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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‘In Good Hands’: As Hirshfeld Reflects on His Long Career, Vidal Preps for USPTO’s Future

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal and outgoing Acting Deputy Director Drew Hirshfeld joined IPWatchdog’s CEO and Founder Gene Quinn today to discuss Hirshfeld’s nearly 30-year career with the Office, as well as Vidal’s philosophy as she embarks on her journey as the new Director. Vidal emphasized the importance of dialogue in shaping USPTO practices and processes but said she also will not wait around indefinitely on input over doing “what’s right for the country.

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This Week in Washington IP: IPWatchdog Hosts Conversation with Director Vidal; Congress to Discuss Improving Predictability at the PTAB; and Mitigating Risks in New Technologies

IP Watchdog

This week in Washington IP news and events, both the Senate and the House of Representatives hold hearings looking at various aspects of the Patent Trial and Appeal Board (PTAB), including its impact on small businesses as well as ways that predictability and fairness in PTAB proceedings can be restored by Congress. Elsewhere, the American Enterprise Institute explores the current state of the debate over a waiver of international IP rights for COVID-19 vaccines, and IPWatchdog’s President and C

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Sotera Stipulations Less Likely Given Vidal Memo on PTAB Discretion

IP Watchdog

As we reported yesterday, the U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal issued a memorandum on the “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation” clarifying current Patent Trial and Appeal Board (PTAB) practice on discretionary denials of inter partes review (IPR) and post grant review (PGR) proceeding institutions.

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Tillis Blasts FDA for Refusing to Respond on Drug Patent Data Study

IP Watchdog

Senator Thom Tillis yesterday wrote to Food and Drug Administration (FDA) Commissioner Dr. Robert Califf, asking for a third time that the FDA conduct “an independent assessment and analysis of the sources and data that are being relied upon by those advocating for patent-based solutions to drug pricing.” Tillis expressed his frustration with the lack of response thus far, explaining that no formal reply has yet been received despite his first letter being sent in January 2022, and calling it “u

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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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USPTO Encourages Parties to Indicate Issues of First Impression When Requesting Director Review Process

IP Watchdog

The United States Patent and Trademark Office (USPTO) on Tuesday announced that it has updated its interim guidance on the Director Review process under Arthrex v. Smith & Nephew to indicate that parties should identify any issues of first impression in their requests for Director Review. In a conversation with IPWatchdog Founder and CEO Gene Quinn yesterday, USPTO Director Kathi Vidal said that “it helps when parties focus the review on particular issues,” and indicated that issues of firs

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Massie, Centripetal Take Center Stage in House IP Subcommittee Hearing on PTAB Reform

IP Watchdog

One day after the Senate Judiciary Committee’s IP Subcommittee met to discuss the PTAB Reform Act and other ways to improve the Patent Trial and Appeal Board (PTAB), the U.S. House of Representative’s Subcommittee on Courts, Intellectual Property, and the Internet held a similar hearing featuring six witnesses with varying views on the PTAB about how to improve the system.

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Senate IP Subcommittee Starts Dialogue on Reforming the PTAB

IP Watchdog

Today, the Senate Committee on the Judiciary’s Subcommittee on Intellectual Property met to hear testimony from four witnesses about proposed changes to the Patent Trial and Appeal Board (PTAB) as outlined in the recently announced PTAB Reform Act. Subcommittee Chairman Senator Patrick Leahy (D-VT), Ranking Member Thom Tillis (R-NC) and Senator John Cornyn (R-TX) introduced the bill last week.

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Juno Petition Asks SCOTUS to Clarify Written Description Standard

IP Watchdog

Juno Therapeutics last week petitioned the U.S. Supreme Court, asking it to review an August 2021 decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) that reversed a jury verdict for Juno and Sloan Kettering Institute for Cancer Research, wiping out a $1.2 billion judgment for the entities. The CAFC found that the jury’s verdict with respect to written description was not supported by substantial evidence.

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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, June 24: Congressional Hearings Focus on PTAB Reforms, French Regulators Accept Google’s Copyright Payment Framework, and DOJ Announces Settlement with Meta Over Biased Ad Algorithm

IP Watchdog

This week in Other Barks & Bites: the Federal Circuit vacates Eastern Virginia’s denial of a motion for recusal, nixing a $2.75 billion verdict for Centripetal Networks; interim USPTO Director Drew Hirshfeld joins Schwegman Lundberg & Woessner as Principal following end of nearly three-decade career at USPTO; the Senate and House of Representatives both host hearings focused on the negative impacts of the Patent Trial and Appeal Board on small businesses as well as potential reforms; S

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Vidal Memo Clarifying PTAB Discretionary Denial Analysis Says Fintiv Does Not Apply to Parallel ITC Investigations

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal has issued a memorandum on the “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation” clarifying current Patent Trial and Appeal Board (PTAB) practice on discretionary denials of inter partes review (IPR) and post grant review (PGR) proceeding institutions.

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CAFC Reverses January Decision Affirming Sufficient Written Description for Negative Claim Limitation Over Judge Linn’s Dissent

IP Watchdog

Earlier today, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc. granting a petition for rehearing from appellant HEC Pharm Co., Ltd. In granting HEC’s petition, the panel majority of Chief Judge Kimberly Moore, who authored the decision, and Circuit Judge Todd Hughes vacated a previous January ruling by the Federal Circuit, which had affirmed the District of Delaware’s final judgment that Novartis patent

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Sotera Declarations Less Likely Given Vidal Memo on PTAB Discretion

IP Watchdog

As we reported yesterday, the U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal issued a memorandum on the “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation” clarifying current Patent Trial and Appeal Board (PTAB) practice on discretionary denials of inter partes review (IPR) and post grant review (PGR) proceeding institutions.

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How to Use ‘Google My Business’ for Lawyers

MyCase

Google My Business (GMB) is a law firm’s primary connection between its online presence and physical footprint. GMB is fundamentally yet another directory because of its prevalence in Google’s search engine results. It is a key component of a strategic and effective marketing strategy for law firms. In addition, GMB provides a wealth of critical information to prospective clients, both those who are looking for a specific firm (“Ben Glass Law Firm”) as well as those researching a specific issue

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A Definitive Guide to Understanding Lawyer Hourly Rate

MyCase

At one point or another, most attorneys will need to set an hourly rate, whether for a complex criminal case or even for something as simple as drafting a contract. During this process, the first question typically asked is, “what is the average lawyer hourly rate?” . Below, we’ll explain the key things you need to know about lawyer costs and billing practices.

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How to Use ‘Google My Business’ for Lawyers

MyCase

Google My Business (GMB) is a law firm’s primary connection between its online presence and physical footprint. GMB is fundamentally yet another directory because of its prevalence in Google’s search engine results. It is a key component of a strategic and effective marketing strategy for law firms. In addition, GMB provides a wealth of critical information to prospective clients, both those who are looking for a specific firm (“Ben Glass Law Firm”) as well as those researching a specific issue

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5 Tips to Improve Profitability at Your Law Firm

MyCase

As a law firm, you have two main goals: the first is to provide top-notch service to your clients, and the second is to maximize your profits. In this overview, we’re focusing on the latter. We’ll explore some impactful ways you can increase the profitability of your business. . The Difference Between Revenue and Profitability. Most people are familiar with revenue , which refers to the amount of money your business brings in.

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Automation in Law Firms: Increase Efficiency and Cash Flow

MyCase

For most law firms, non-billable administrative work is a necessary day-to-day duty that costs money and valuable time. With law office automation, your firm can automate some of the most time-consuming tasks, including document drafting, client intake, payment processing, and invoice reminders. . In addition, legal automation will help your firm stay organized, increase productivity, and boost payment collection.

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Automation in Law Firms: Increase Efficiency and Cash Flow

MyCase

For most law firms, non-billable administrative work is a necessary day-to-day duty that costs money and valuable time. With law office automation, your firm can automate some of the most time-consuming tasks, including document drafting, client intake, payment processing, and invoice reminders. . In addition, legal automation will help your firm stay organized, increase productivity, and boost payment collection.