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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.

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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 ).

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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.

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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.

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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.

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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.).

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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.

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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.

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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.”

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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.

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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.

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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 ).

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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.

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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.

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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).

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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).

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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.

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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.

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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.,

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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.

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AUGUST 26, 2022

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

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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.

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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.,

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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.

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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.

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