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NEXT WEEK ON THE IP CHAT CHANNEL™: EXPLORING THE SCOPE OF ECOFACTOR V. GOOGLE
Join the IP Chat Channel™ on Wednesday, April 15 at 1:00pm ET for a webinar that will focus on last May’s decision in EcoFactor v. Google, which has been widely recognized for its discussion of district courts’ gatekeeping role under Federal Rule of Evidence 702 and Daubert, especially in relation to expert testimony regarding patent damages. This panel, which includes PAUL BERGHOFF (McDonnell Boehnen Hulbert & Berghoff LLP), BRIAN HORNE (Knobbe Martens), and JASON LISS (Wilmer Cutler Pickering Hale and Dorr LLP) will examine the potential impact of EcoFactor in relation to issues the en banc court did not specifically address, such as apportionment.
IP Chat Channel™ webinars are free for IPO members. Advance registration is required. CLE offered in most states.
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MORE WRITING TIPS
Chronological Order — In appellate legal briefs, for example, the default organization of the statement of facts should be chronological order. Jumping around among remote past, recent past, and the present usually makes reading more difficult. Organize the facts like a story. And don’t clutter the story with unnecessary dates.
Patent Claims — Last month I listed “including” as preferred over “comprising” for the open-ended transitional word in patent claims. A READER said the meaning of “comprising” is well-settled in patent law. True, but outside patent law it means “consisting of exclusively.” Black’s Law Dictionary. I prefer words understood by everyone instead of specialized patent language when there’s a choice.
Older Writers — BRYAN GARNER believes people can improve their writing at any age. He views writing as a craft driven more by technique than fixed talent. Neuroplasticity, the brain’s capacity to form new connections, persists throughout adulthood when we practice challenging skills.
Comments are invited. Click on “Curmudgeon” at the bottom of this column for my email address. Click here for the Curmudgeon Archives.
Your friend,
The Curmudgeon