IP Litigation

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Anonymous User
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IP Litigation

Postby Anonymous User » Sun Aug 12, 2012 11:21 am

Anyone know of a good online source that has a comprehensive review of the different types of IP Litigation? It would be helpful if it focused on the specific difference between general litigation and IP litigation (besides the technical subject matter).

Thanks.

johndhi
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Re: IP Litigation

Postby johndhi » Sun Aug 12, 2012 1:10 pm

Anonymous User wrote:Anyone know of a good online source that has a comprehensive review of the different types of IP Litigation? It would be helpful if it focused on the specific difference between general litigation and IP litigation (besides the technical subject matter).

Thanks.


IP litigation is broken into "hard IP" and "soft IP." Hard IP is patent litigation, soft IP is trademark and copyright litigation. Patent and copyright appear in Article I, Section 8 of the constitution but are generally governed by federal statute. Trademark is governed by the Lanham Act (another federal statute).

I don't know trademarks as well, but patent and copyright is somewhat interesting in that a lot of stuff goes to juries, since they're such old areas of law (remember that weird rule about when stuff goes to a jury). What else... they require you to understand some technical things... the policy behind them is very controversial... the federal circuit governs patent appeals, which makes the doctrine evolve exceptionally quickly as compared to areas of law that are reviewed by the other circuit courts.

anonmyuos
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Re: IP Litigation

Postby anonmyuos » Sun Aug 12, 2012 8:13 pm

What are you looking for exactly? I don't think there's a good resource for what you want because it's kind of a weird question to ask. IP Litigation is just litigation over patents (or copyright or trademarks). There are some things that are specific to it, but your question is like asking "What's the difference between general litigation and commercial litigation?" or "What's the difference between general litigation and mass tort litigation?" ... The point is - there is no such things as "general litigation." There is only litigation over certain subjects. IP is one of those subjects. So if you want to know about IP litigation, look for information about trademark litigation or copyright litigation or patent litigation. That will clue you in.

Or you could just ask things you don't understand here.

Anonymous User
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Re: IP Litigation

Postby Anonymous User » Sun Aug 12, 2012 10:32 pm

anonmyuos wrote:What are you looking for exactly? I don't think there's a good resource for what you want because it's kind of a weird question to ask. IP Litigation is just litigation over patents (or copyright or trademarks). There are some things that are specific to it, but your question is like asking "What's the difference between general litigation and commercial litigation?" or "What's the difference between general litigation and mass tort litigation?" ... The point is - there is no such things as "general litigation." There is only litigation over certain subjects. IP is one of those subjects. So if you want to know about IP litigation, look for information about trademark litigation or copyright litigation or patent litigation. That will clue you in.

Or you could just ask things you don't understand here.


I guess I have a better grasp of the different forms of litigation you referenced (mass tort, commercial, etc). Because I wasn't exposed to it as a 1L, I don't have a command of the laws that govern patents/copyrights/trademarks. Going into my interviews, I wish I felt more comfortable speaking on the subject matter.

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fatduck
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Re: IP Litigation

Postby fatduck » Sun Aug 12, 2012 10:54 pm

Anonymous User wrote:
anonmyuos wrote:What are you looking for exactly? I don't think there's a good resource for what you want because it's kind of a weird question to ask. IP Litigation is just litigation over patents (or copyright or trademarks). There are some things that are specific to it, but your question is like asking "What's the difference between general litigation and commercial litigation?" or "What's the difference between general litigation and mass tort litigation?" ... The point is - there is no such things as "general litigation." There is only litigation over certain subjects. IP is one of those subjects. So if you want to know about IP litigation, look for information about trademark litigation or copyright litigation or patent litigation. That will clue you in.

Or you could just ask things you don't understand here.


I guess I have a better grasp of the different forms of litigation you referenced (mass tort, commercial, etc). Because I wasn't exposed to it as a 1L, I don't have a command of the laws that govern patents/copyrights/trademarks. Going into my interviews, I wish I felt more comfortable speaking on the subject matter.

are you familiar with wikipedia? not only can it answer all your questions, but it is an important resource for patent attorneys.

Anonymous User
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Re: IP Litigation

Postby Anonymous User » Sun Aug 12, 2012 11:10 pm

fatduck wrote:
Anonymous User wrote:
anonmyuos wrote:What are you looking for exactly? I don't think there's a good resource for what you want because it's kind of a weird question to ask. IP Litigation is just litigation over patents (or copyright or trademarks). There are some things that are specific to it, but your question is like asking "What's the difference between general litigation and commercial litigation?" or "What's the difference between general litigation and mass tort litigation?" ... The point is - there is no such things as "general litigation." There is only litigation over certain subjects. IP is one of those subjects. So if you want to know about IP litigation, look for information about trademark litigation or copyright litigation or patent litigation. That will clue you in.

Or you could just ask things you don't understand here.


I guess I have a better grasp of the different forms of litigation you referenced (mass tort, commercial, etc). Because I wasn't exposed to it as a 1L, I don't have a command of the laws that govern patents/copyrights/trademarks. Going into my interviews, I wish I felt more comfortable speaking on the subject matter.

are you familiar with wikipedia? not only can it answer all your questions, but it is an important resource for patent attorneys.


Fair point.

johndhi
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Re: IP Litigation

Postby johndhi » Sun Aug 12, 2012 11:24 pm

anonmyuos wrote:What are you looking for exactly?


lol what is wrong with you guys? is this how you're going to answer the question of a client?

ambiTTTTion
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Re: IP Litigation

Postby ambiTTTTion » Mon Aug 13, 2012 12:11 am

johndhi wrote:
anonmyuos wrote:What are you looking for exactly?


lol what is wrong with you guys? is this how you're going to answer the question of a client?


TIL asking for clarity = bad lawyering

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stratocophic
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Re: IP Litigation

Postby stratocophic » Mon Aug 13, 2012 1:17 am

johndhi wrote:
anonmyuos wrote:What are you looking for exactly?


lol what is wrong with you guys? is this how you're going to answer the question of a client?

Nah breh imma listen to my client's objectively terrible explanation of what he wants and them forge ahead blindly with 500 billable hours of what I think he wants without asking for any sort of clarification. Remember, admitting you don't know what someone is saying is weakness and they'll tear your throat out like a wolf if you give any sign of it

anonmyuos
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Re: IP Litigation

Postby anonmyuos » Mon Aug 13, 2012 2:04 am

Anonymous User wrote:I guess I have a better grasp of the different forms of litigation you referenced (mass tort, commercial, etc). Because I wasn't exposed to it as a 1L, I don't have a command of the laws that govern patents/copyrights/trademarks. Going into my interviews, I wish I felt more comfortable speaking on the subject matter.


What are you looking at interviewing for? Patents or soft IP? For the most part, I seriously doubt anyone would every ask you something specific, but you're probably right that it's a good idea to get familiar with the subject matter so when they talk about random things like patents and claims and Lanham Act you don't look at them with a blank stare. But either take a look at Wikipedia, or drop by your local law library/university bookstore and find a patent law supplement a read through it quickly. That should give you a good enough overview that you can probably stand on your own during an interview. The key for an interview at this stage is to ask intelligent questions more than to have intelligent answers.

johndhi wrote:lol what is wrong with you guys? is this how you're going to answer the question of a client?

That's a really really strange retort. No idea why you think it's a bad idea to ask for clarification. Asking for clarification in this case allowed me (and anyone else reading the thread) to find out exactly what the problem was and respond with a better answer than we could have otherwise. But if you sincerely do believe it's the wrong approach, more power to you. Enjoy that.

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fatduck
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Re: IP Litigation

Postby fatduck » Mon Aug 13, 2012 8:59 am

johndhi wrote:
anonmyuos wrote:What are you looking for exactly?


lol what is wrong with you guys? is this how you're going to answer the question of a client?

oh god i read your post history. you're serious, aren't you?




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