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   Best Patent Practicioners to Learn From
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   Author  Topic: Best Patent Practicioners to Learn From  (Read 3615 times)
Bill Richards
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Re: Best Patent Practicioners to Learn From
« Reply #5 on: Oct 14th, 2007, 5:13pm »
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I've been practicing since 1999 and found Slusky's book very useful.
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William B. Richards, P.E.
The Richards Law Firm
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Bill Guess
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Re: Best Patent Practicioners to Learn From
« Reply #6 on: Oct 16th, 2007, 10:55am »
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To the original poster:
 
I wouldn't mentor under the practicioner that wrote:
 
5,571,418   Grin
 
Bill
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PA
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Re: Best Patent Practicioners to Learn From
« Reply #7 on: Oct 16th, 2007, 11:44am »
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on Oct 16th, 2007, 10:55am, Bill Guess wrote:
To the original poster:
 
I wouldn't mentor under the practicioner that wrote:
 
5,571,418   Grin
 
Bill

I admit I don't have the time right now to read the patent right now.  Can you tell me what's wrong with it?
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Bill Guess
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Re: Best Patent Practicioners to Learn From
« Reply #8 on: Oct 16th, 2007, 1:01pm »
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http://www.cafc.uscourts.gov/opinions/06-1432.pdf
 
Immunocept, LLC, et al. v. Fulbright & Jaworski, LLP
 
A legal malpractice case resulting from incompetent claim construction.
 
Patent claim contains "consisting" in the spot usually reserved for:  --comprising--.  rendering the patent useless.  
 
In this case the inventors hire the defendants to draft, file and prosecute the application.  Then the inventors hire another patent lawyer to draft other applications downstream from the above patent, (probably got the second lawyer cheaper).  
 
Later the plaintiffs approach Johnson and Johnson to license the patents, only to find out that the original patent was worthless.
 
From the CAFC decision:
 
" During the course of due diligence, J&J’s patent attorneys discovered that the ’418 patent suffered from a fatal flaw,..."
 
J&J then broke off negotiations.  
 
The patent holder then sues for malpractice, though a little too late.  Maybe they'll sue the second lawyer for leaving out the worthlessness part about the first patent before he started ringing up all those hours relative to the children aps of the dead parent.
 
Here's Claim #1.
 
 
 
1. A method of treating a pathophysiological state caused by a toxic mediator-related disease  
  Shocked consisting  Shocked of hemofiltering blood with a filter, wherein said filter has a molecular weight exclusion limit of 100,000 to 150,000 Daltons and allows for passage of molecules with a molecular weight of about 70,000 Daltons in the presence of whole blood.
« Last Edit: Nov 2nd, 2007, 3:46pm by Bill Guess » IP Logged
Agent_Smiley
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Re: Best Patent Practicioners to Learn From
« Reply #9 on: Oct 24th, 2007, 8:06am »
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Ouch!! Thanks for the link. I guess it might be easier to show what NOT to do in prosecution haha.
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