Paralegal Brief

Ohio Supreme Court: $32 Million Judgment Against Dentons for Conflict of Interest Stands

Patently O

AUGUST 30, 2022

by David Hricik, Mercer Law School. As a follow up to an earlier post, today the Ohio Supreme Court in Revolaze LLC v. Dentons denied review of the decision affirming a jury verdict. It doesn’t say much, but it is here.

Law School

Law School Court Laws

Law School Casebook Review: Patent Law Fundamentals (Brean & Snow) 2d Ed

Patently O

MARCH 25, 2024

By David Hricik, Mercer Law School I realize most readers aren’t law professors, so you can stop now… I have taught IP courses for years and often the books seek to teach the subject through cases, which is a very difficult way to learn it.

Law School

Law School Laws Litigation Litigating

A September CLE in Salt Lake City with Dennis, Me, and Other Important People!

Patently O

AUGUST 7, 2021

By David Hricik, Mercer Law School. The roster of speakers includes Dennis Crouch, John Duffy, David Hricik, and John White. 2.2. David Hricik (Mercer Law School): Academic Perspective on Patent Valuation 1: Recent Legal and Technological Changes Reducing Patent Value. We are expecting and pending for 14 hours of Utah CLE.

Law School

Law School Technology Education Laws

Rader on 101 and the Statutory Text

Patently O

APRIL 3, 2024

By David Hricik, Mercer Law School Over on Gene Quinn’s IPwatchdog page, former chief judge Rader has written an article about the Supreme Court’s 101 jurisprudence. I clerked for then chief-judge Rader in 2012-13 (I think I have been the clerk’s oldest clerk, then 51 years old).

Law School

Law School Court Laws

Amicus Brief in Novartis v. Accord

Patently O

AUGUST 20, 2022

By David Hricik, Mercer Law School. Dennis on the main page had written a couple months back about the opinion of Novartis Pharm. Accord Healthcare, Inc., 4th 1013 (Fed.

Healthcare

Healthcare Law School Court Laws

USPTO Director Issues Sanctions for Abusing IPR Process in OpenSky/VLSI

Patently O

OCTOBER 4, 2022

by David Hricik, Mercer Law School. The October 4, 2022 presidential decision awarding sanctions against OpenSky LLC and its counsel is here. There are several amici briefs that went into this order which is a doozy.

Law School

Law School Laws

Novartis En Banc and Amicus Support

Patently O

AUGUST 9, 2022

David Hricik. The Hricik Brief spells out the arguments as follows: This case presents an extraordinary circumstance in which, after a three-judge panel issued a 2-1 decision affirming the district court, a new panel was created for purposes of rehearing. Hricik Brief. Hricik Brief. FRAP 35(e). Claim at issue: 1.

Healthcare

Healthcare Court Law School Statute

Reviewing Summary Judgment for Abuse of Discretion?

Patently O

DECEMBER 7, 2020

Hricik and I have both written about the Federal Circuit decision: David Hricik, “ The Many Mistakes in the Panel Decision in GS CleanTech Corp v. Adkins ”; David Hricik, “ Will the Court Correct the Mess that is GS CleanTech Corp. Now comes the petition for writ of certiorari.

Court

Court Government

Inbound Important Emails that go Unread due to Technology Fails: Another Case

Patently O

AUGUST 13, 2021

By David Hricik, Mercer Law School. This is not a patent case, but I have seen similar problems in prosecution, patent litigation, and related contexts over the years: an important email goes to a spam filter, or some other place, and gets left unread. In a recent Fifth Circuit case, Rollins v.

Technology

Technology Law School Lawyer Lawyers

Informing Clients and Former Clients of Data Breaches

Patently O

MARCH 23, 2021

By David Hricik, Mercer Law School. Law firms are targets of hackers, and patent firms in particular are so. Because hackers know they have the “wheat” separated from the chaff, and hackers believe firms also have less robust security than their clients. Ass’n. Formal Eth. 483 ( here ).

ESI

ESI Law School Law Firm Law Firms

Update on the Akin Gump v. Xcential case

Patently O

FEBRUARY 16, 2023

By David Hricik, Mercer Law School Noted below, Akin Gump had sued a former vendor, Xcential, arguing that its lawyers had invented what Xcential had sought to patent. In response to the firm’s suit, Xcential filed five counterclaims, essentially asserting Akin Gump had misused information that Xcential had disclosed to Akin Gump.

Law School

Law School Law Firm Law Firms Technology

Deadlines: Thoughts for Good and Bad Practices?

Patently O

JULY 28, 2021

By David Hricik, Mercer Law School. Over the decades (sigh) I’ve been involved in various capacities in cases where practitioners have missed deadlines. Sometimes, the client’s partly to blame.

Law School

Law School Lawyer Lawyers Laws

Thoughtful Decision on Whether LLCs are Treated as Corporations for Purposes of General Personal Jurisdiction

Patently O

DECEMBER 6, 2022

By David Hricik, Mercer Law School. In Avus Designs Inc. Grezxx LLC (D. 22-CV-00173-SWS Dec. 2, 2022), the district court analyzed whether it could properly enter default judgment against a Wyoming limited liability corporation, or “LLC.”

Diligence

Diligence Law School Litigation Litigating

Some Interesting Cases Applying the Rule Against Direct Contact with Persons “Represented by Counsel” in a Matter

Patently O

OCTOBER 21, 2022

by David Hricik, Mercer Law School. Giving a talk in Austin and thought I’d share a couple of interesting results I’ll be speaking about later today. in most states prohibits, without consent of opposing counsel, communications about a matter with a person represented by counsel in that matter.

Lawyer

Lawyer Lawyers Law School Legal

Employee Inventors, Client Identity, and Assignments

Patently O

APRIL 5, 2021

By David Hricik, Mercer Law School. Over the years (sigh, decades) of being involved with ethical issues in patent practice, one set of problems that recurs involves assignments from employee-inventors.

Lawyer

Lawyer Lawyers Law School Contract

ABA Ethics Opinion on Replying-to-all When Opposing Counsel CC’s Their Client

Patently O

NOVEMBER 7, 2022

By David Hricik, Mercer Law School. Ordinarily, under Model Rule 4.2 you cannot communicate with a person represented by counsel in a matter without opposing counsel’s consent — even if opposing counsel is present (the rule is not limited to “ex parte” communications).

Lawyer

Lawyer Lawyers Law School Legal

The Mandamus Transfer Battle and W.D. Texas: Why is the Federal Circuit, or Anyone, Hearing the Petitions?

Patently O

DECEMBER 9, 2022

By David Hricik, Mercer Law School. I’m speaking at a conference in Palo Alto, and one long topic of conversation was about the disagreement between how Judge Albright views Fifth Circuit precedent on mandamus to review discretionary transfers under Section 1404 and the Federal Circuit views that same precedent.

Law School

Law School Laws Court

Enforceability of Clauses Requiring Arbitration of Malpractice Claims: Plummer v. McSweeney

Patently O

MARCH 24, 2021

By David Hricik, Mercer Law School. In Plummer v. McSweene y, the plaintiff, Plummer, sued a law firm for legal malpractice. The firm moved to compel arbitration.

Lawyer

Lawyer Lawyers Attorney Law School

Another Reason to File an Answer: Voluntary Dismissal Does not Make Defendant Prevailing Party

Patently O

SEPTEMBER 9, 2022

By David Hricik, Mercer Law School. In Haynes Holding Group LLC v. ESR Performance Corp. et al (C.D. 8:21-cv-02033 JVS (JDEx) (I can’t find a free version of the opinion), after the patentee sued, the defendant served a motion to dismiss for lack of personal jurisdiction.

Law School

Law School Legal Legal Court

Akin Gump Files Petition to Institute Derivation Against Former Vendor Alleging Its Lawyer is True Inventor

Patently O

DECEMBER 19, 2022

By David Hricik, Mercer Law School. Background to this interesting case. When Congress is considering a bill that changes an existing statute, the bill does not show new language by underlining and deletions to existing text by strike throughs.

Lawyer

Lawyer Lawyers Technology Law School

Judge Albright Identifies Outcome-Determinative Discrepancies in Federal Circuit Interpretations of Fifth Circuit Law Under 1404(a)

Patently O

SEPTEMBER 28, 2022

by David Hricik, Mercer Law School. Judge Albright granted Google’s motion to transfer venue under 28 U.S.C. 1404(a) from the Western District of Texas to the Northern District of California in an opinion in Motion Offense LLC v. Google, LLC ( here ).

Laws

Laws Law School Government Court

Section 285: When Lawyer Blames Client

Patently O

MAY 25, 2021

By David Hricik, Mercer Law School. A long time ago, I posted here about the potential for conflict when fee shifting is in play and the opposing party is seeking an award of fees and asserts that the opposing party may be liable instead of, or in addition to, opposing counsel.

Lawyer

Lawyer Lawyers Law School Court

An Opinion on Chief Judge Moore’s Reported Unprecedented Effort to Remove Judge Newman

Patently O

APRIL 14, 2023

by David Hricik, Mercer Law School As has been reported by Dennis on the main page, by Gene Quinn on IP Watchdog ( here ), and by various media I am seeing, Chief Judge Moore reportedly threatened Judge Newman with a petition to remove Judge Newman as incompetent to carry out her duties unless Judge Newman agreed to take senior status.

Law School

Law School Court Laws

ABA Ethics Opinion on Virtual Law Practice:

Patently O

APRIL 20, 2021

By David Hricik, Mercer Law School. The American Bar Association committee on professional ethics issues opinions on issues which, while not binding on any jurisdiction, often have sway over courts and bar associations in malpractice or disciplinary matters. If you follow their guidance, you, in a sense, start off in safe harbor.

Laws

Laws Document Management Statute Technology

Interesting Case on Assignability of Legal Malpractice Claims

Patently O

SEPTEMBER 3, 2022

By David Hricik, Mercer Law School. He arranged to do so, and in part arranged it so the law firm would receive a percentage of sales.

Legal

Legal Legal Law Firm Law Firms

Guest post by Prof. Gugliuzza: Nonprecedential Precedent in Patent Venue Disputes

Patently O

OCTOBER 19, 2022

David Hricik wrote for this blog about how, in an earlier version of the Motion Offense order, Judge Albright claimed he’d have denied transfer under Fifth Circuit venue law but was compelled to grant transfer under Federal Circuit law. I hand counted the citations, so it’s possible I missed or misclassified a small number of them.

Litigation

Litigation Litigating Laws Court

Community Property and Patent Ownership

Patently O

AUGUST 26, 2022

By David Hricik, Mercer Law School. Judge Payne in Mobile Equity Corp. Walmart (Case No.

Divorce

Divorce Diligence Laws Law School

Intentional Over-billing of Clients Leads to 2-year Suspension

Patently O

MARCH 26, 2021

by David Hricik, Mercer Law School. A partner at a major firm had been suspended initially for six months for intentionally over-billing certain clients for 450 hours of work she and other lawyers had not performed. Apparently, one justice initially decides the penalty in a bar proceeding there.).

Law School

Law School Lawyer Lawyers Attorney

PTAB Finds Patentee Breached Duty of Candor During IPR But in Doing So Conflates Rule 56 and IPR Candor Rules

Patently O

MAY 24, 2023

By David Hricik, Mercer Law School In a single decision issued by several panels, the Board held that the patentee had failed to act in good faith by, boiled down, intentionally withholding material test data that was inconsistent with the arguments it was making in favor of patentability of both original and proposed substitute claims.

Law School

Law School Lawyer Lawyers Laws

The Split on Pleading Scienter for Inequitable Conduct

Patently O

MAY 3, 2023

by David Hricik, Mercer Law School Federal Rule of Civil Procedure 9(b) requires that fraud or mistake be pled with particularity. See David Hricik, Wrong about Everything: The Application by the District Courts of Rule 9(b) to Inequitable Conduct, 86 Marquette Law Review 895 (2003) ( here ).) Wal-Mart Stores, Inc.,

Court

Court Law School Laws

Disqualification due to Foreseeable Conflict Leads to $32m Malpractice Judgment

Patently O

AUGUST 18, 2022

By David Hricik, Mercer Law School. Ordinarily, a conflict of interest leads to disqualification, but they can lead to fee disgorgement (an attorney is supposed to be loyal, and like any other agent, is not entitled to keep a fee earned while being disloyal) and, on occasion, damages.

Law Firm

Law Firm Law Firms Litigation Litigating

Interesting Opinion About the Ethics of Giving an Opinion of Counsel to One Client About Another Client’s Patent

Patently O

DECEMBER 23, 2022

by David Hricik, Mercer Law School. There are a number of ethics opinions and a couple of cases discussing whether it is adverse to opine — infringement, design around, and invalidity — for a client about another’s patent. This case addresses the issue in the context of consent. In Kimberly-Clark Corp. Extrusion Grp.,

Litigation

Litigation Litigating Drafting Court

Paralegal Brief

Ohio Supreme Court: $32 Million Judgment Against Dentons for Conflict of Interest Stands

Law School Casebook Review: Patent Law Fundamentals (Brean & Snow) 2d Ed

Trending Sources

A September CLE in Salt Lake City with Dennis, Me, and Other Important People!

Rader on 101 and the Statutory Text

Amicus Brief in Novartis v. Accord

USPTO Director Issues Sanctions for Abusing IPR Process in OpenSky/VLSI

Novartis En Banc and Amicus Support

Reviewing Summary Judgment for Abuse of Discretion?

Inbound Important Emails that go Unread due to Technology Fails: Another Case

Informing Clients and Former Clients of Data Breaches

Update on the Akin Gump v. Xcential case

Deadlines: Thoughts for Good and Bad Practices?

Thoughtful Decision on Whether LLCs are Treated as Corporations for Purposes of General Personal Jurisdiction

Some Interesting Cases Applying the Rule Against Direct Contact with Persons “Represented by Counsel” in a Matter

Employee Inventors, Client Identity, and Assignments

ABA Ethics Opinion on Replying-to-all When Opposing Counsel CC’s Their Client

The Mandamus Transfer Battle and W.D. Texas: Why is the Federal Circuit, or Anyone, Hearing the Petitions?

Enforceability of Clauses Requiring Arbitration of Malpractice Claims: Plummer v. McSweeney

Another Reason to File an Answer: Voluntary Dismissal Does not Make Defendant Prevailing Party

Akin Gump Files Petition to Institute Derivation Against Former Vendor Alleging Its Lawyer is True Inventor

Judge Albright Identifies Outcome-Determinative Discrepancies in Federal Circuit Interpretations of Fifth Circuit Law Under 1404(a)

Section 285: When Lawyer Blames Client

An Opinion on Chief Judge Moore’s Reported Unprecedented Effort to Remove Judge Newman

ABA Ethics Opinion on Virtual Law Practice:

Interesting Case on Assignability of Legal Malpractice Claims

Guest post by Prof. Gugliuzza: Nonprecedential Precedent in Patent Venue Disputes

Community Property and Patent Ownership

Intentional Over-billing of Clients Leads to 2-year Suspension

PTAB Finds Patentee Breached Duty of Candor During IPR But in Doing So Conflates Rule 56 and IPR Candor Rules

The Split on Pleading Scienter for Inequitable Conduct

Disqualification due to Foreseeable Conflict Leads to $32m Malpractice Judgment

Interesting Opinion About the Ethics of Giving an Opinion of Counsel to One Client About Another Client’s Patent

Stay Connected