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Banishing the DOGE Analyst from YOUR Law Firm: The End of a Trilogy and the Practice of Law as We Know it?
“. . . You see, the mistake everyone makes is thinking AI is all about document generation. It is that. But it’s so much more . . . .” Introduction Three years can change everything. Three years ago, a brash young data analyst from DOGE burst into your office and turned your 50-partner, 170-lawyer firm upside down. Armed with nothing but spreadsheets, a whiteboard marker, and an unsettling gift for mathematics, he introduced you to the hourly cost rate (“HCR”) and hour
York Faulkner
Feb 2342 min read


When Knockoffs Arrive Overnight but Justice Takes Years
Serving Chinese Patent Infringers After Spin Master and the Second Circuit’s Smart Study Decision I. The Discovery Every Patent Holder Dreads For a moment, place yourself in the position of Spin Master, Ltd., a Canadian toy company that spent over a decade developing, patenting, and marketing its Zero Gravity® toy cars; vehicles that, through a carefully engineered venturi duct exploiting Bernoulli's Principle, can drive up walls and race across ceilings. The technology earne
York Faulkner
Feb 821 min read


Dismissal with Prejudice Creates Implied License Under the Patent Marking Statute? CAFC Seems Unconvinced
"Appellate courts rarely provide this kind of roadmap for arguments not before them." I. Introduction Can a patentee unknowingly create a patent license—and trigger marking obligations under 35 U.S.C. § 287—simply by dismissing an infringement suit with prejudice? That was the ruling by the district court in Ortiz & Associates Consulting, LLC v. Vizio, Inc. , No. 3:23-CV-00791-N (N.D. Tex. Nov. 1, 2023), which was left undisturbed by the Federal Circuit’s affirmance of the di
York Faulkner
Dec 20, 202519 min read


Poof! The New Star Chamber Voids $40 Million Patent Verdict
“The appearance of a trial by peers is maintained. But the outcome is determined by ‘qualified’ experts.” The Jury Speaks in Vain The jury found infringement. After hearing testimony about web design patents, user interface objects, and the inner workings of Shopify’s e-commerce platform, the citizen jurors concluded that Shopify had infringed Express Mobile’s patents. They awarded $40 million in damages. The verdict didn’t survive. Shopify moved for judgment as a matter of l
York Faulkner
Dec 12, 202515 min read


Sanctioned for Silence: Ignoring Settlement Demands Cost a Patent Owner $250,000
“Google (and the court) used these letters for precisely what Rule 408 forbids: to prove that EscapeX’s infringement claims lacked merit.” Introduction On its face, EscapeX IP, LLC v. Google LLC reads like a cautionary tale ripped from the patent litigation playbook. A non-practicing entity (“NPE” or pejoratively “patent troll”) you’ve never heard of sues a tech giant over a patent covering “artist-specified dynamic albums,” a function of YouTube. The NPE ignores the defen
York Faulkner
Nov 29, 202528 min read


When Jury Duty Means Surrendering Your Digital Life: Judge Orrick’s LinkedIn Sanction and the Surveillance of American Jurors
“ The rules say little about the scope of investigation but instead focus their efforts on defining ‘improper contact’—creating a system where anything goes so long as jurors never find out. ” I. Introduction In the high-stakes world of courtroom battles, where every detail can tip the scales, a seemingly routine step in trial preparation recently backfired spectacularly. On October 28, 2025, U.S. District Judge William H. Orrick sanctioned a prestigious law firm $10,000
York Faulkner
Nov 14, 202529 min read


When Taking Both Sides Backfires: The USPTO Director’s Surprising Intervention in the Smart Tire Sensor Wars
How a routine IPR institution turned into a procedural precedent for claim construction consistency In the high-stakes world of patent litigation, accused infringers often pursue parallel strategies in district court and at the Patent Trial and Appeal Board (“PTAB”). But what happens when those strategies directly contradict each other? Revvo Technologies just found out the hard way. On November 3, 2025, the USPTO Director took the extraordinary step of sua sponte (meani
York Faulkner
Nov 8, 202510 min read


JOHN DEERE BULLDOZES PATENT COMPLAINT: HOW PLAINTIFFS PLED THEMSELVES OUT OF COURT WITH PREJUDICE
“ In patent litigation, what you allege can and will be used against you. . . .” I. INTRODUCTION In patent litigation, the line between sufficient pleading and pleading yourself out of court can be razor thin. David’s Dozer V-Loc System Inc. and inventor David Armas (collectively, “plaintiffs”) learned this lesson the hard way when their detailed allegations—accepted as true—demonstrated that John Deere’s (“Deere”) products could not infringe their patent. On October 9,
York Faulkner
Oct 24, 202520 min read


THE “PAPER NDA” PROBLEM: WHEN BIFURCATION OF RICO AND PATENT CLAIMS DEFEATS HATCH-WAXMAN’S PURPOSE
“. . . The fraud case is prerequisite to the patent case . . . .” I. INTRODUCTION In mid-June 2025, attorneys for plaintiffs Janssen Products and PharmaMar were reviewing their opponent’s document production in a routine Hatch-Waxman patent case when they stumbled across something that shouldn't exist: their own clients' highly confidential regulatory filings . Not summaries. Not publicly available information. But instead, substantive portions of the proprietary specific
York Faulkner
Oct 17, 202528 min read


The Vanishing $10 Million Verdict in Rex Medical v. Intuitive Surgical
“The math is stark: infringement victory + validity win + $10 million jury award = $1, if you cannot apportion value to the patented...
York Faulkner
Oct 5, 202524 min read


Dirty Fuel, Dirtier Trial Tactics: The Federal Circuit Cleans Up the Mess
“The Federal Circuit did not mince words about Phillips's litigation strategy, describing it as ‘sandbagging’ Magēmā with a...
York Faulkner
Sep 19, 202517 min read


The CRISPR Patent Wars Hit Japan: A High-Stakes Battle Over Gene-Editing’s Future
“This brings us to Japan, where patent law has its own unique peculiarities—and where this particular battle just reached a crucial...
York Faulkner
Jul 18, 202523 min read


Not So Obvious: You Won't Believe How This Simple Dosing Change Became Worth Billions
"But this isn’t really a story about dosing a drug in stages. It’s about when courts can empower patent challengers with the legal...
York Faulkner
Jul 10, 202512 min read


SCOTUSblog Founder Plays Deft Hand in Own Defense Against Tax Evasion Charges
It thus appears that Goldstein holds the better hand in winning the pre-trial dismissal of the Section 7203 failure-to-pay misdemeanor...
York Faulkner
May 29, 202526 min read


The DOGE Analyst Returns to YOUR Law Firm to Discuss the Rise of Non-Equity Partners: A Sequel
. . . The new legal tech tools raise the level of both competition and sophistication in the legal services market, which not only...
York Faulkner
Apr 29, 202540 min read


What if DOGE Paid a Visit to YOUR Law Firm?
“. . . Every law firm is a snowflake—unique in its practice mix, client base, and culture—but all bow to the same unforgiving accounting...
York Faulkner
Mar 22, 202532 min read


DOGE Unleashed: If PwC Can Do It, Then Why Not DOGE?
. . . DOGE’s rapid implementation and the ensuing legal tumult reflect a bold reimagining of federal efficiency reforms, diverging from...
York Faulkner
Mar 6, 202514 min read


The Post-Chevron Pendulum: From Judicial Deference to Dominance in New York State v. Trump
. . . If audits show misuse (e.g., inflated grants), forcing payments could violate the executive’s duty to execute laws faithfully . ....
York Faulkner
Feb 26, 20259 min read


Who Controls the Bureaucracy? The Supreme Court’s Next Landmark Executive Power Case
. . . What remains to be seen is whether the Supreme Court ultimately will rule that the confinement of that executive power to...
York Faulkner
Feb 17, 20258 min read


Collateral Estoppel at a Crossroads: When IPR Invalidity Determinations Do and Don’t Preclude District Court Litigation
. . . this case presented the distinct question of whether a Board determination that certain claims are unpatentable can collaterally...
York Faulkner
Feb 13, 20256 min read
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