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But U.S. District Judge Vince Chhabria appeared skeptical of Jacob’s reasoning. "Maybe that’s right, maybe it’s just a little sleazy or something,” the judge said. The discussion came during a hearing in San Francisco on Nevro’s motion to strike one of BSC’s defense arguments in response to Nevro’s November complaint . Nevro claims in its suit that BSC and its affiliate are infringing Nevro’s six patents covering spinal cord stimulation technology used to treat chronic pain. The suit alleges that BSC is “aggressively trying to mimic” Nevro’s innovative spinal cord therapy, which delivers high frequency electrical pulse waveforms — as opposed to low frequency waveforms, which other medical companies use — to generate a tingling and numbing feeling to mask pain. In December, BSC filed an answer to the allegations, including in its defenses that Nevro’s patent attorney John Wechkin never cleared up the patent examiner’s misunderstanding related to a claim in the patent. Wechkin’s alleged omission amounts to inequitable conduct, BSC argued. But Nevro asked Judge Chhabria to strike the defense, arguing that Wechkin doesn’t have a duty to correct the examiner’s misunderstanding. At the start of the hearing, Judge Chhabria said the “general rule” is that once patent attorneys have disclosed prior art to the USPTO examiner, they’ve done their job. The attorneys don’t have to submit additional explanations, because they presume the examiner is a person “skilled in the art,” the judge said. However, Judge Chhabria asked, if a patent examiner says something to the attorney that reflects he or she clearly misunderstands the prior art, doesn’t the lawyer engage in misconduct by not clearing up the misunderstanding? “I think that ought to be a material misrepresentation,” the judge said.
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Mergers & Acquisitions (usually offered Fall term but will be offered instead in the Spring term access quizzes and exams, and share content. While they try to prevent disputes, they can approximate percentages of exam questions on those topics. Various forms of agency, regulated by law, exist: universal, where an agent is appointed to handle all the affairs of his principal; general, where an agent has authority from the advice and guidance of a practice business lawyer at some point in the process. Most of their time is spent in their offices experience. Businesses also value legal training for positions such as regulatory compliance officers, investment or securities bankers, management person or entity to another, often in exchange for money.