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Top Mistakes in Patent Prosecution: A Litigator’s View

10/13/2009 Articles

Published by IP Law & Business

The lives of patent prosecutors are not easy.  They toil away on difficult, rather esoteric matters to achieve a singular goal:  the issuance of patents for inventions of critical importance.  One would hope that after they reach the holy grail of an issued patent, prosecutors could rest on their laurels.

Regrettably, that is not always the case.  Often, the patents that prosecutors work so hard to obtain become the centerpieces of highly charged, take-no-prisoners litigation, during which the prosecutors' prized patents get scrutinized, criticized, ripped apart, attacked, deconstructed, ridiculed, torched - and worse.  While prosecutors and litigators typically have no more in common than cats and dogs, they can nevertheless learn from one another. 

Firm Highlights

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Strategy Lessons From Wells Fargo Fintech Patent Litigation

United States Automobile Association (USAA) is a financial services company that provides insurance, banking, investment, and retirement products and services for members of the military and their families. On June 7, 2018, USAA filed...

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COVID-19 IP Lessons: Consider the Big Picture

In any crisis, there are always those that look to take advantage of the situation.  The coronavirus pandemic is no different. Here, we have highlighted a few of the most egregious fortune hunters, attempting...

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Daily Journal Names Farella Lawyers Among Top IP Lawyers in California

Farella Braun + Martel is proud to announce that partners Jeffrey M. Fisher and James L. Day were named to the 2020 list of “Top Intellectual Property Lawyers” in California by the Daily Journal...

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Protecting Your Internal Intellectual Property Investigation: Privilege and Work Product Under California and Federal Law

As California begins preparing to ease shelter-in-place restrictions, the state’s technology industry is facing the most challenging economic circumstances in recent memory. The state’s technology companies may place new demands on in-house intellectual property...

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How Defense Strategies Can Go Awry When Pursuing Concurrent PTAB Relief in Financial Services Patent Litigation

United States Automobile Association (USAA), a financial services company that provides insurance, banking, investment, and retirement products and services for members of the military and their families, filed a surprising patent infringement complaint against Wells Fargo...

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Tips for Efficiently Managing New Trade Secret Risks Created by Shelter-In-Place Restrictions and Remote Working

On April 14, 2020, California Governor Gavin Newsom outlined the six “critical indicators” the state will monitor during the next phase of its COVID-19 response as it considers when to modify its statewide shelter-in-place...

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Farella Braun + Martel Attorneys, Practices Recognized by Chambers USA 2020

SAN FRANCISCO, April 23, 2020: Farella Braun + Martel announces that Chambers USA has recognized 12 lawyers and five practice areas in the legal directory’s 2020 edition. Individual Rankings: Tyler Gerking – Insurance: Policyholders...

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Trade Secret Hygiene for Current Employees

Published on  ACCDocket.com . By Walt Norfleet, Smiths Group plc and Eugene Y. Mar, Farella Braun + Martel LLP In the first two parts of this series on best practices in protecting trade secrets, we...

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Gov't Drops IP Theft Charges Against Ex-Jawbone Workers

Law360 reported that the U.S. Attorney’s Office for the Northern District of California in San Jose moved to dismiss all trade-secret-theft charges against the remaining four defendants in what was originally a six-defendant case...

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Farella Braun + Martel Announces 2020 Partner Elevations

SAN FRANCISCO/ST. HELENA, Calif., January 21, 2020: Northern California legal powerhouse Farella Braun + Martel is pleased to announce the election of senior associates Evan Abrams, Lauren Galbraith, and Alex Reese to the partnership...

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