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Georgia's New Patent Law: Bad Faith Threats Of December 2014 Volume 20 Number 4 Georgia’s New Patent Law: Bad Faith Threats of Infringement Create New Liabilities 12_14GBJ_Cover2.indd 1 12/4/2014 10:03:04 AM STATE BAR 2- WAY ACCESS TO SAM NUNN FEDERAL 2-WAY TRAFFIC CENTER PARKING ON CENTENNIAL OLYMPIC PARK DRIVE SPRING STREET BRIDGE REPAIR DETOUR NORTHERN PHASE Sept. 2014-Sept. 2015 For more information and alternative parking options, please visit www.gabar.org/springstdetours.cfm 12_14GBJ_Cover2.indd 2 12/4/2014 10:03:23 AM Register ONLINE | WWW.GABAR.ORG STATE BAR OF GEORGIA Photo: Experience the heart of the hotel and the changing colors of the 50-foot sail illuminating the atrium. the 50-foot of and the changing colors the hotel the heart of Experience Photo: 2015 MIDYEAR MEETING JAN 8-10, 2015 | atLANta, GA | atLANta Marriott MARQUIS EARLY-BIRD REGISTRATION ENDS DEC 12 HOTEL DEADLINE IS DEC 12 FINAL REGISTRATION ENDS DEC 26 Quick Dial Editorial Board Attorney Discipline 800-334-6865 Editor-in-Chief ext. 720 404-527-8720 Bridgette E. Eckerson Consumer Assistance Program 404-527-8759 Members Conference Room Reservations 404-419-0155 Julia Anderson Lynn Gavin Fee Arbitration 404-527-8750 Donald P. Boyle Jr. Chad Henderson CLE Transcripts 404-527-8710 Diversity Program 404-527-8754 Jacqueline F. Bunn Michelle J. Hirsch ETHICS Helpline 800-682-9806 John Clay Bush Michael Eric Hooper 404-527-8741 Clayton Owen Carmack Christine Anne Koehler Georgia Bar Foundation/IOLTA 404-588-2240 Georgia Bar Journal 404-527-8791 David Gan-wing Cheng Hollie G. Manheimer Governmental Affairs 404-526-8608 James William Cobb Addison Johnson Schreck Lawyer Assistance Program 800-327-9631 Timothy Jerome Colletti Pamela Y. White-Colbert Law Practice Management 404-527-8773 Law-Related Education 404-527-8785 Jacob Edward Daly Membership Records 404-527-8777 Meetings Information 404-527-8790 Editors Emeritus Pro Bono Project 404-527-8763 Professionalism 404-225-5040 Robert R. Stubbs, 10-12 William L. Bost Jr., 91-93 Sections 404-527-8774 Donald P. Boyle Jr., 07-10 Charles R. Adams III, 89-91 Transition Into Law Practice 404-527-8704 Marcus D. Liner, 04-07 L. Dale Owens, 87-89 Unlicensed Practice of Law 404-527-8743 Young Lawyers Division 404-527-8778 Rebecca Ann Hoelting, 02-04 Donna G. Barwick, 86-87 Marisa Anne Pagnattaro, 01-02 James C. Gaulden Jr., 85-86 Manuscript Submissions The Georgia Bar Journal welcomes the submission of unsolic- D. Scott Murray, 00-01 Jerry B. Blackstock, 84-85 ited legal manuscripts on topics of interest to the State Bar of William Wall Sapp, 99-00 Steven M. Collins, 82-84 Georgia or written by members of the State Bar of Georgia. Submissions should be 10 to 12 pages, double-spaced (includ- Theodore H. Davis Jr., 97-99 Walter M. Grant, 79-82 ing endnotes) and on letter-size paper. Citations should con- L. Brett Lockwood, 95-97 Stephen E. Raville, 77-79 form to A UNIFORM SYSTEM OF CITATION (19th ed. 2010). Please address unsolicited articles to: Bridgette Eckerson, State Stephanie B. Manis, 93-95 Bar of Georgia, Communications Department, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303. Authors will be notified of the Editorial Board’s decision regarding publication. Officers of the State Bar of Georgia The Georgia Bar Journal welcomes the submission of news Patrise M. Perkins-Hooker President about local and circuit bar association happenings, Bar Robert J. Kauffman President-Elect members, law firms and topics of interest to attorneys in Georgia. Please send news releases and other informa- Charles L. Ruffin Immediate Past President tion to: Sarah I. Coole, Director of Communications, 104 Rita A. Sheffey Treasurer Marietta St. NW, Suite 100, Atlanta, GA 30303; phone: 404-527-8791; [email protected]. Patrick T. O’Connor Secretary Disabilities Sharri Edenfield YLD President If you have a disability which requires printed John R. B. Long YLD President-Elect materials in alternate formats, please contact the ADA Darrell L. Sutton YLD Immediate Past President coordinator at 404-527-8700 or 800-334-6865. Headquarters Communications Committee 104 Marietta St. NW, Suite 100, Atlanta, GA 30303 Peter C. Canfield Co-Chair 800-334-6865, 404-527-8700, FAX 404-527-8717 Visit us on the Web at www.gabar.org. Sonjui L. Kumar Co-Chair Coastal Georgia Office 18 E. Bay St., Savannah, GA 31401-1225 Communications Staff 877-239-9910, 912-239-9910, FAX 912-239-9970 Sarah I. Coole Director South Georgia Office Jennifer R. Mason Assistant Director 244 E. Second St. (31794) P.O. Box 1390 Tifton, GA 31793-1390 Derrick W. Stanley Section Liaison 800-330-0446, 229-387-0446, FAX 229-382-7435 Stephanie J. Wilson Communications Coordinator Publisher’s Statement Lauren Foster Administrative Assistant The Georgia Bar Journal (ISSN-1085-1437) is published six times per year (February, April, June, August, October, December) with a special issue in November by the State Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, Georgia 30303. Copyright State Bar of Georgia 2014. One copy of each issue is furnished to members as part of their State Bar dues. Subscriptions: $36 to non-members. Single copies: $6. Periodicals postage paid in Atlanta, Georgia and additional The opinions expressed in the Georgia Bar Journal mailing offices. Opinions and conclusions expressed in articles herein are those of the authors and not necessarily those of the are those of the authors. The views expressed herein Editorial Board, Communications Committee, Officers or Board are not necessarily those of the State Bar of Georgia, of Governors of the State Bar of Georgia. Advertising rate card will be furnished upon request. Publishing of an advertisement its Board of Governors or its Executive Committee. does not imply endorsement of any product or service offered. POSTMASTER: Send address changes to same address. 10 'HFHPEHU9ROXPH1XPEHU GBJ Legal Departments 10 4 From the President 24 Georgia’s New Patent Law: 6 From the YLD President Bad Faith Threats of Infringement 30 Bench & Bar Create New Liabilities Office of the General by Jeffrey R. Kuester 34 and Michael A. Cicero Counsel 36 Lawyer Discipline GBJ Features 42 Law Practice Management 18 46 Section News Judicial Selection 48 Member Benefits and Hooper v. Almand 50 Writing Matters 34 by Hon. Todd Markle 52 Professionalism Page 24 56 In Memoriam 2015 State Bar 58 CLE Calendar Legislative Preview by Thomas Worthy and Rusty Sewell 64 Notice 67 Classified Resources 26 68 Advertisers Index Individuals Recognized for their 46 Devotion to Georgians in Need by Damon Elmore 28 The Gordon County Courthouse: The Grand Old Courthouses of Georgia by Wilber W. Caldwell 50 From the President by Patrise M. Perkins-Hooker Our Duty to Ensure That Justice is Accessible to All he purposes of the State Bar were codified The nature of the legal issues associated with these matters require a lawyer’s assistance to first explain more than 52 years ago in our State Bar Rule the options available and the consequences of each one of those options. Once the client has received counsel 1-103 as follows: and made the choice, the next step would be to have T someone prepare and file legal documents to obtain a. to foster among the mem- an order from a court granting bers of the bar of this State the relief that was requested. the principles of duty and “As a part of the State For example, if a person comes service to the public; into a court and desires only b. to improve the administra- Bar’s emphasis on access to be separated from a spouse, tion of justice; and but files instead for divorce, c. to advance the science of law. to justice for all citizens that is not the same as filing for a legal separation. Lawyers The first purpose for which regardless of one’s ability understand the difference and the Bar was created imposes the consequences of selecting upon us a duty as lawyers to to pay, we are working one option over the other, but serve the public. As a part of many citizens do not. Lawyers this duty, we have an obliga- to develop a program know how to properly advise tion to ensure that our system a client regarding the legal con- of justice is accessible to all who sequences of filing a divorce need it. As I mentioned in my to place attorneys in all action, which ultimately dis- initial speech to the members of solves a marriage, versus fil- the Board of Governors, “Could underrepresented counties.” ing for a separation, which pre- you imagine someone in your serves a marriage. family needing to get out of a violent relationship, need- For those who have the means to hire an attorney, ing to probate a will, needing to obtain a guardianship for competent legal services can be obtained. However, an older family member, needing a divorce or needing to more than 1 million Georgians, who live below the collect child support to meet the day-to-day needs of a poverty level of around $30,000 for a family of four, child, without anyone to turn to for the legal assistance do not have the wherewithal to pay for legal services. needed to understand the process and their rights?” Several of these Georgians live in counties outside of 4 Georgia Bar Journal the metro-Atlanta area. In these counties, the rights of these citizens are not being protected and not having an attorney when needed is impairing their access to our justice system. Oftentimes, individuals try to represent themselves on a pro se basis without adequate training and experience.
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