Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

New registrations are now permitted.

Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - petethebody

Pages: [1] 2 3 4 5 6 ... 14
1
Patent Litigation / Re: Responding to a C and D letter
« on: 02-22-13 at 07:43 pm »
As a litigator who has handled this issue several times without being involved and AFTER THE FACT, I would not respond in writing, if at all.

The issue of willfulness is moot.  You are on notice.  It does not matter whether you respond and say you are not infringing.  Either you already have a good faith belief that you do not (which you should memorialize), or you are about to form onew.

As for detailing your non-infringement position, you will only look hypocritical later when the trial attorneys assert other defenses or constructions.  Or invalidity.  Or laches.

As for sending proof of non-infringement, do you really believe that you will avoid a lawsuit by doing so?  Are you trying to convince an unbiased decision maker?  Not to be condescending, but get real.  These guys want money.

As for DJ, you clearly have jurisdiction - as of 8-10 years ago, the law is now any cease and desist letter gives rise to a controversey.  However, is venue proper where you want to sue?  Are you going to get a quick resolution?  Once you go down this road, you are likely to be gearing up for trial.  This is going to be expensive.  Unfortunately, there is no equivalent to a PI for alleged infringers.

Go ahead, instigate a litigation hold notice, and get ready for a full-blown lawsuit.  Figure out how to cross claim.  Maybe consider calling for settlement.  But don't get into this expensive, wasteful and completely unproductive argument as to why they should not sue you.


2
I think I have a better idea than law school for you.  You may be able to enter one of those voluntary medical clinical tests where they implant a tumor in you and study it in a controlled environment. 

Personally, I am a huge fan of the third ear experiments.  You will ALWAYS have a conversation starter/ender. 

3
I don't understand why the OP is so negative.  If he is giving you a ton of work, you have some modicum of job security, which is more than most can say.  Also, you should be getting great experience.

If you don't like him personally, just get the experience you need and then leave (and take some clients with you if you can).

4
Can't speak to boutiques, or anthing but BIGLAW.

I work 80-100 hours a week.  I went from April to Sept without billing less than 8 hours a day, including holidays and weekends. 

Definitely not better life that 40 hour weeks, but crushing it financially.  Not divorced . . . yet.   

My suggestion is to do whatever you want, but prepared to live with the consequences - debt, unemployement, overworked, stress, or strain on your relationship.  Being a lawyer and making money at the same time is not easy.

5
Anyone have any idea as to the average time betwen notice of allowance and issuance?

6
Few actually do this anymore.  Get it in writing before you do anything.

My biglaw firm did not even pay for my patent bar exam a few years ago.

We hired a PhD this year and he did not even get a bump above lockstep.

7
Out of curiosity, does it make sense to attend law school in this current economy? I'm currently a patent agent at a firm and I’m considering doing so but want to carefully weigh out my options first. The main factor that is encouraging me to do so is job security, while the main factor that is discouraging me from doing so is unnecessarily getting into school loan debt, especially if the potential increase in salary is not commensurate with the added debt in order to offset the debt payoff. What are your thoughts?

thanks

The way I have anecdotally approached this question before when asked:  if you understand what it is like to be a patent attorney (which you do), what it takes to get there (same), and your answer is not an emphatic yes, then it is a no. 

8
Why do you think there is greater job security?  As an associate at a firm, you will either be made partner or pushed out in 8-10 years.

Max of 8-10 IMHO.  Average lifespan of an associate formerly was 3 years, although anecdotal experience seems to indicate people are staying with the job longer

9
It matters only fror your first job or two and if you want to clerk.  For the latter, it matters a bit.  When I was in school, you got on about the same time your 2L year you got your job offer at a big firm.  It was just another box to check for those big firms.  I'm not sure if it matters for public service or smaller firms (although I am sure it does not hurt). 

In retrospect, I did it just to do it because it was another hoop.  That having been said, I enjoyed being on the board of the journal a lot because of the people.  Truth be told, board was more work than reward.  Still, I enjoyed the experience but would treat it more as a club than a job for that same reason. 

10
Becoming a Patent Agent/Lawyer / Re: Choosing a law school
« on: 04-24-12 at 07:42 am »
GW with 75k scholarship. 

First location - obviously that rules out NU.  As for the difference between Georgetown and GW, they will both place you equally well.

As for prestige between Georgetown and GW, Georgetown clearly comes up ahead.  However, what many people forget is that Georgetown is a huge school with something on the order of 1000 students per class.  While the law review, top 10% do fine, it is hard to succeed with that many competitors.  I think it's closer to 600, but still a valid point. However GW also has a very large class.  Not as big as i remember.  Also, don't forget 100-150 transfer students that will jon you your 2L year

In any event, the prestige bump from Georgtown will only get you so far within DC.  Especially with patent law, good grades at GW should place you well.  Even in patent litigation?  Yes - not with the pure IP places like Fish, but with a general practice firm with a strong IP department, this will likely be enough (obviously depends on how good grades are as well)


The money really makes this a no-brainer in my mind.  If you have never paid for something that costs $75k (not merely purchased, but paid off), it is hard to appreciate how much money that really is.  And remember, that would be $75k that would be accruing interest at 7.8 or 8.5% for 20 years.  And whatever you think Georgetown will cost you, you should factor in at least another 10 grand, because you will need to account for all the silly fees, as well as Barbri.  If a firm picks that up for you, that's great, but do not plan on it.  Yes, the $75K would probably be closer to $100K after repayment, but I would expect to repay by 5-10 years, not 20.  Very good approach, especially given the market.  However, I caution you that your ability to repay hinges on factors outside your knowledge and control at this point. Perhaps a hope for the best-plan for the worst situation is worth evaluating.   


As for working, this may be where I get controversial - don't do it.  Law school is tough enough.  And your first semester (or first year) grades will determine what firm you interview at during fall 2L year, what firm you summer at between 2L and 3L and what firm you work at after graduation.  In this economy, very few firms hire 3Ls, and rarely do so unless they summered at another firm.  So devote yourself, and your first Thanksgiving, to law school that first year to maximize your chances.  Then revisit the idea your second or third year. I agree with how important 1L is, it determines everything. However, gaining experience at a great firm while they pick up the law school tab, and pay you are salary seems like a pretty amazing opportunity. 
I had no idea places still did this.  I thought the PTO canceled their program.  If that is back, i would switch to GW night school.  As for how beneficial, this may be my own prejudice but if the firm does not have a track record of hiring the people for which it offers tuition payment after graduation, i would be cautious.  I have found that stellar grades are worth far more than experience for litigation.  From this board, prosecution tends to not put such an emphasis on stellar grades, but rather on engineering experience and technical degrees. 

However, my strongest recommendation to you now is to quit your job and work at a law firm before you start law school.  Don't devote three years of your life and several thousands of dollars to a persuit you are not 100% sure on.  I know at least a few people that made a huge mistake.  Being a patent lawyer is pretty cool, but know what you are getting into, especially the long hours and adversarial nature if you are considering litigation.  I know it sucks giving up a paying job, but you need to be 100% sure.  If you aren't committed enough to volunteer somewhere for a summer, you should think long and hard as to whether you are committed to the practice of law, or whether you are looking at law school as an investment (for most people, it will be a bad investment).  Especially as a MechE, jobs are more scarce.  I already quit my job. I'm still there part-time as a consultant as I study for the patent bar, but this is just temporary. Good point though, it would suck to owe $250K and hate a job that you are working 60+hours/wk at. 
Obviously, strive to get a law firm internship.  If no law firm, volunteer for 20 hrs/week at the state's attorney's office.  Then you get to see the really good aspects of lawyering (very different from what you will ultimately do, but pure lawyering).  Obviously, volunteer at the PTO for prosecution if you are in the area and can apply early enough. 

/end rant

Thanks for your advice. You make some valid points in my opinion. It's still a tough decision; if anyone as anything to add I would greatly appreciate it.

Maybe it would help to know a little more about your background, existing debt/commitments, life goals and why you want to be a lawyer.

11
Becoming a Patent Agent/Lawyer / Re: Choosing a law school
« on: 04-23-12 at 04:20 pm »
Degree: BSME, 3.3 gpa
Work experience: 3-4 years at large power generation engineering corporation

Georgetown vs. Northwestern vs. GW ($75K scholarship).

I want to work in DC. So I think I've narrowed it down to Georgetown and GW.

I really have no idea if I want to do prosecution or litigation. I'd like to have as many options as possible. But then again, $75K is a huge chunk of money.

Any thoughts?

I'm also considering working at either the patent office or at a firm, and going to school part-time. But for the sake of discussion, I do not want to consider this option as it is currently far from a sure possibility.

Thanks!

GW with 75k scholarship. 

First location - obviously that rules out NU.  As for the difference between Georgetown and GW, they will both place you equally well.

As for prestige between Georgetown and GW, Georgetown clearly comes up ahead.  However, what many people forget is that Georgetown is a huge school with something on the order of 1000 students per class.  While the law review, top 10% do fine, it is hard to succeed with that many competitors. 

In any event, the prestige bump from Georgtown will only get you so far within DC.  Especially with patent law, good grades at GW should place you well. 

The money really makes this a no-brainer in my mind.  If you have never paid for something that costs $75k (not merely purchased, but paid off), it is hard to appreciate how much money that really is.  And remember, that would be $75k that would be accruing interest at 7.8 or 8.5% for 20 years.  And whatever you think Georgetown will cost you, you should factor in at least another 10 grand, because you will need to account for all the silly fees, as well as Barbri.  If a firm picks that up for you, that's great, but do not plan on it. 

As for working, this may be where I get controversial - don't do it.  Law school is tough enough.  And your first semester (or first year) grades will determine what firm you interview at during fall 2L year, what firm you summer at between 2L and 3L and what firm you work at after graduation.  In this economy, very few firms hire 3Ls, and rarely do so unless they summered at another firm.  So devote yourself, and your first Thanksgiving, to law school that first year to maximize your chances.  Then revisit the idea your second or third year.

However, my strongest recommendation to you now is to quit your job and work at a law firm before you start law school.  Don't devote three years of your life and several thousands of dollars to a persuit you are not 100% sure on.  I know at least a few people that made a huge mistake.  Being a patent lawyer is pretty cool, but know what you are getting into, especially the long hours and adversarial nature if you are considering litigation.  I know it sucks giving up a paying job, but you need to be 100% sure.  If you aren't committed enough to volunteer somewhere for a summer, you should think long and hard as to whether you are committed to the practice of law, or whether you are looking at law school as an investment (for most people, it will be a bad investment).  Especially as a MechE, jobs are more scarce. 

/end rant

12
Patent Litigation / Re: Patent Marking
« on: 03-01-12 at 08:24 am »
Do you know when this changes will happen?

http://www.uspto.gov/aia_implementation/aia-effective-dates.pdf

Already happened - September 16, 2011.  AIA Section 12 "The amendment made by this subsection shall apply to any case that is pending on, or commenced on or after that date of enactment of this Act"  Consequently, if your case was pending on that date, or started subsequent to that date, virtual marking applies.

Also, remember that the marking provision is actually a punishment provision.  You lose the ability to collect past damages IF you made a product under the patent AND you failed to put the patent number on it.  35 USC 287.

However, I believe marking only applies to product claims, not process claims.  Bandag, Inc. v. Gerrard Tire Co., Inc., 704 F.2d 1578, 1581 (Fed. Cir. 1983),

13
Thank you for the update.  We appreciate it. 

14
Profitability of the firm

This question strikes me as very unusual. I dunno how many years OP has been practicing, but "firm profitability" is the last thing I would worry about as an associate. Makes sense to think about as a lateraling partner or as a lateraling very senior associate. But otherwise ... focus on growing your skills and finding a place that fits with your personality and lifestyle.

Agreed.  Partners will make their profits regardless.  If they are in trouble, there is no way you could know anyway, except maybe through ATL if it is a large firm.  Generally, if they were in trouble, they would not hire you anyway.  This is not always the case with big firms, though, so still be cautious.

If it's stability of job that you are looking for, ask how much work your level of associates have and what responsibilities they have.  If they are not practicing commensurate with their year, it could indicate a lack of work.  For example, if you have senior associates in a large GP litigation firm who are not taking deps, it likely means that work is being horded by the income partners.  This will proceed down the food chain.  Important to this, get to know how a class is performing, not an individual.  Obviously for a small firm this will not apply and it will be a crap-shoot.

15
Bump to see what questions were asked at the interview.

Pages: [1] 2 3 4 5 6 ... 14


Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.176 seconds with 21 queries.