Expensive Patent Attorneys Know How To Cut & Paste, But Not Search & Replace

from the get-your-money's-worth dept

Well, it’s a mistake plenty of folks are bound to make eventually, but that doesn’t make it any less amusing. Joe Mullin has a short post about a big time patent law firm that has launched two recent patent lawsuits over the same basic patents held by a patent holding firm. The only problem? In filing the second lawsuit, it appears that the patent attorneys used cut & paste from the first lawsuit, but didn’t use search & replace to get rid of the name of the original defendant. Hopefully, the patent holder didn’t pay too much for the cost of filing that second lawsuit.

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Comments on “Expensive Patent Attorneys Know How To Cut & Paste, But Not Search & Replace”

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13 Comments
Chiropetra says:

Re: Patent attorneys

Granting, arguendo, that “everyone” uses cut and paste (in my line of work it’s called ‘plagarism’) if you have, as my sainted mother used to say, “one eye and half sense” you proofread the damned thing before you send it out.

This is doubly true if you’re charging $300 an hour for your work.

(Oh, how is it plagarism to cut and paste your own work? Because most of what I do is work for hire, which means the client buys the copyright. Cutting and pasting into document for another client violates the first client’s copyright.)

Scott says:

Re: Re: Patent attorneys

It’s not plagarism when you copy your own work.

Also, legal documents are not covered by work for hire. An attorney is a contractor, not an employee and legal documents aren’t in the short, narrow list of things covered by work-for-hire for contractors.

Besides, at $300 an hour, do you really want to pay an attorney to spend 4 hours or 1 hour to get the same work product?

Josh says:

John Wilson, no it wouldn’t make them patent lawyers. In order to be a patent lawyer the person must also pass the patent bar. The patent bar is an exam administered by the USPTO to set minimum qualifications to practice before the patent office.

Patent lawyers generally prepare and file patent applications with the USPTO on the behalf of inventors. Indeed for many patent lawyers, this service is the only legal service that they provide. However, once a patent application issues as a patent any lawyer may file a patent lawsuit to enforce a patent against an infringer.

Many personal injury lawyers have recently tried to jump into contingency patent litigation as a new source of revenue. They usually find themselves over their heads quickly if they do not bring in a patent lawyer early to help them out.

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