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Category Archives: Practice Tips
Judge Lynn Strikes Negative Affirmative Defenses
On August 7, 2013, Judge Lynn issued an Order (available here) in Insuremax v. Shanze Enterprises. The Order contains a good discussion of supplemental jurisdiction, and is worth a read in its entirety. One notable aspect is that Judge Lynn … Continue reading
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Federal Circuit’s Model Order Limiting Excess Patent Claims and Prior Art
The Federal Circuit’s Advisory Council has issued a Model Order Limiting Excess Patent Claims and Prior Art (available here). The key features of the Model Order are the following: Pre-Markman Patent Holder Limitation: 10 Claims Per Patent / 32 Claims … Continue reading
Posted in Developing Law, Federal Circuit Court of Appeals, Practice Tips
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Northern District Of Texas Judges Offer Advice at “Patent Law: Best Practices As Seen From The Bench”
On May 1, 2013, Judge Lynn and Judge O’Connor participated in a roundtable discussion in Dallas: “Patent Law: Best Practices As Seen From The Bench.” The Texas Lawyer subsequently wrote an article on the roundtable (article available here). Here’s what … Continue reading
Posted in Judge Lynn, Judge O'Connor, Practice Tips
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Practice Tips: Typography In Briefs
The Seventh Circuit Court of Appeals has put out “Suggestions for Typography in Briefs” (available here) that contains a number of suggestions for typography in briefs. Notable points include: “Studies have shown that long passages of serif type are easier … Continue reading
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Twelve Tips to Become a Great Law Firm Associate
Nearly everyone at a law firm was an associate at one point in his or her career, and some played (or play) the part better than others. Here are twelve things that, in our opinion, make an associate great. Be … Continue reading
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Important Costs Decision Regarding Patent Infringement Litigation
In the United States, unless there’s a statutory or contractual right to attorney’s fees, the prevailing party generally does not receive them. This is the case in patent infringement lawsuits, unless the plaintiff can prove willfulness and that attorney’s fees … Continue reading
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Get Your Filings In On Time
In the Northern District of Texas, pleadings, motions, or other papers that are filed electronically before midnight central time of any day will be deemed filed on that day. See LR 6.1. The attached decision from the ITC reminds us to … Continue reading
Posted in Northern District Practice Tips, Practice Tips
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Patent Infringement Litigation: The End Of Multi-Defendant Cases?
In the old days, after finding infringers of your client’s patent you could file one lawsuit against all infringers in the Eastern District of Texas, knowing that it was highly unlikely that your defendants would be able to successfully obtain … Continue reading
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Patent Infringement Litigation: Proving Reasonable Royalty Damages Gets Much Harder
“Upon finding for the [patent holder] the court shall award the [patent holder] damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer[.]” 35 … Continue reading
Posted in Developing Law, Practice Tips
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Patent Infringement Litigation: Obtaining an Injunction Gets Much Harder
In the old days, if you proved that a defendant infringed your patent, you were nearly always entitled to an injunction prohibiting the defendant from continuing to infringe. According to the Federal Circuit, “[b]ecause the ‘right to exclude recognized in … Continue reading
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