CLIENT SERVICE
March 17, 2008
In defense of offense...
A couple of months ago I came across Mike Dillon’s blog – The Legal Thing – covering all things legal from the perspective of General Counsel at Sun.
As GC for Sun, Mike’s daily routine must entail a significant amount of attention to intellectual property issues and his blog plows a lot of ground concerning this topic. The posts are informative – albeit they have a “big corporate shine” to them, much to the dismay of a lot of “anonymous commenters”. If you read many patent blogs, you can probably guess the identities of many of these “anonymous commenters” – but they do make for an interesting peek at the more reactionary component of our niche of the legal world.
That is a lot of setup for a recent post of Mike’s dealing with how Sun defends against patent “troll” lawsuits – namely, a good offense.
I recently shared dinner with a few other GCs of local technology companies. It was a nice evening in which we were able to relax and share insights (and commiserate) about topics of common interest. During the course of our meal while we were discussing rising legal costs, one of my table mates made a statement that I found somewhat bothersome. He said that when faced with patent "troll" litigation, he knows he is going to pay something to get rid of the lawsuit and so he economizes on the use of defense counsel. After all, the thinking goes, if your intent is to settle a case, why spend money on a strong defense?
His view is completely contrary to how we think about this problem at Sun. It's also symptomatic of the way many companies view this issue as a quarterly "cost of doing business" without considering the long term consequences of settlement both for individual companies and our industry.
Before going further, let me state that we respect the intellectual rights of third parties. When a third party claim has been clear and the terms reasonable, we have entered into licenses. However, those situations are easily distinguished from the cases that make up almost all of our present docket of patent litigation. These lawsuits have usually been filed with no advance notice, by plaintiffs that don't commercialize their patents (i.e. create and sell products) and in venues considered favorable to them. It's also almost always the case that these plaintiffs have done little or no investigation to ascertain whether our products infringe prior to filing their lawsuit.
I think the approach that Mike outlines is a good example of how to frame decisions when confronted with a freedom to operate issue – whether the FTO issue is brought to your attention through an offer to license, or a cease and desist, or a patent search, or even when you have been served with a complaint — i.e., “How do we play offense in this particular case or instance?”
As Mike mentions, oftentimes it makes sense strategically and economically to simply license the patent – especially if the license allows you to preclude other competitors in the marketplace.
On the other hand, a careful analysis may lead to a determination that a license is unworkable – e.g., that the patent is invalid or because the license fee does not make economic sense. In such a circumstance, a zealous defense against an accusation of infringement may be in order – including the invalidation of the asserted claims.
In either case – taking a license or defending zealously – the accused infringer is approaching the case in an active/offensive manner and judging each case on its relative merits. Defaulting into paying to settle every case is no better than defaulting into aggresively defending every case.
The best defense to a patent infringement lawsuit?
Early analysis of the case and its relative merits (including the type of entity bringing the lawsuit). As each case and situation is unique, arbitrary “blanket rules” – while being easy to implement – don’t necessarily increase value to the corporation. Licensing everything or defending against everything is not a strategy – it is simply an invitation for disaster.
In any event, go on over and read Mike’s blog – I can guarantee that you will learn something.
The best offense...is a good defense.: the legal thing... by Mike Dillon.
Posted by Douglas Sorocco at 09:33 PM.
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CLIENT SERVICE
July 31, 2007
Go Big or Go Home
BlawgWorld is back, bigger than ever, and featuring posts from both PHOSITA and Promote the Progress. This eBook provides a collection of 77 of the most influential blawgs so it is an honor to be included again this year. The guys over at TechnoLawyer have also provided a Problem/Solution Guide in combo with BlawgWorld 2007. Time to catch up on your blawg reading and get answers to all of your law firm problems.
Posted by Laura C. Wood at 04:49 PM.
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CLIENT SERVICE
February 12, 2007
Nope... There is no 'Official' Policy
Of course the PTO has no ‘official policy’ relating to the dis-allowance of patent applications. It is merely coincidence that the number of allowances have plummeted …. while the “backlog” continues to grow…
Anyone have a FOIA form handy?
Discussion: Matt Buchanan on “Rethinking Backlog”
Posted by Douglas Sorocco at 08:30 PM.
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CLIENT SERVICE
October 30, 2006
Research Help: How many patent attorneys sit on corporate board of directors?
Help! 
I know the erudite readers of PHOSITA may have valuable information I need:
I am working on article regarding the makeup of corporate board of directors and I am trying to get a sense of how many patent attorneys are directors.
If you know of anyone or have a suspicion, please send it my way.
Thanks and hopefully this will be picked up around the IP corner of the blog-o-sphere... hint, hint, hint, hint, hint, hint...
Image via Flickr.
Posted by Douglas Sorocco at 10:50 AM.
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CLIENT SERVICE
May 05, 2006
How Experts Differ from Novices
From the Business of Life blog – good advice for attorneys and our clients.
From How Experts Differ from Novices
1. Experts notice features and meaningful patterns of information that are not noticed by novices.
2. Experts have acquired a great deal of content knowledge that is organized in ways that reflect a deep understanding of their subject matter.
3. Experts' knowledge cannot be reduced to sets of isolated facts or propositions but, instead, reflects contexts of applicability: that is, the knowledge is "conditionalized" on a set of circumstances.
4. Experts are able to flexibly retrieve important aspects of their knowledge with little attentional effort.
5. Though experts know their disciplines thoroughly, this does not guarantee that they are able to teach others.
6. Experts have varying levels of flexibility in their approach to new situations.
Posted by Douglas Sorocco at 12:20 PM.
Permalink: How Experts Differ from Novices
CLIENT SERVICE
January 30, 2006
Carnival of the Capitalists #121
Welcome to the 121st edition of Carnival of the Capitalists!
We here are known as PHOSITA (pho – see – tah) : an arcane bit of patentese that refers to the mythical person of ordinary skill in the art. If an invention is obvious to PHOSITA, you are SOL and will not be able to obtain your desired patent on a new method of organizing lint utilizing a wiki and some sort of Web 2.0 tomfoolery.
Mainly, we are an intellectual property law firm located in Oklahoma City, Oklahoma (yes, you read that correctly) with offices in Washington DC and Northern Ohio. I would also direct your attention to our sister-site, Matt Buchanan’s Promote the Progress, which tracks intellectual property legislation and international patent systems. Finally, if you are really interested in intellectual property, you might want to wander on over to Rethink(IP) (which hosted the Carnival way back in September, 2005) where I group blog on intellectual property issues with Matt and Steve Nipper of The Invent Blog.
In combination with last weeks Patent Baristas, there is a whole lotta intellectual property goodness out there awaiting you.
When I think of a carnival, I mainly think of chaos – and that is exactly the mindframe of your humble host this week. As artfully stated by Patent Baristas last week:
We tried to include most posts but not everyone made the cut-off. No offense is meant here to anyone and we'll be happy to refund your full price of admission.
As you might gleam from our most relevant post of the past week, we are anxiously awaiting the arrival of a new member of our family – an arrival that has been “on the edge” since early November. So while I had all the kinds of witty and insightful intentions for this edition of the COTC, it just ain’t happening.
SWMBO has me on a constant state of alert, so wade on in to the craziness below and find something you can sink your teeth into…
Most Relevant Post of the Week
From the Webgoonies website comes the The Ancient Art Of Diaper Origami :: “Changing your baby was never
meant to be something you can look forward to. It's one of those things that just goes along with being a parent. I believe that whatever you can do to make changing time a little bit easier or more enjoyable, take full advantage of it. So with this thought, I have begun, diaper origami.”
While our new little dude isn’t quite here yet, the supersize boxes of Pampers are… I don’t suppose he will mind me working on my game a bit. Thanks to DaddyTypes blog for the pointer… he shoots, he scores!
Favorite Posts of the Week
In a post entitled, Superheated 'Steem hits the Workplace Photon Courier tackles the new generation of folks entering the workforce. They have everything going for them – including, incredible self-esteem.
Kids who have been exposed to a decade or more of "self-esteem" training as practiced in the K-12 schools are now hitting the workplace. What will the impact be, and what should manager do?
VC Cliche of the Week : I have bought probably ten cars in my life and have never actually kicked the tires. But the visual of a guy walking around the car, checking it out, kicking the tires, is one that has contributed a classic cliche to the VC vernacular. Due diligence is a critical part of the venture process. No matter how well you know the market and the entrepreneur, there is nothing better than the due diligence process to help you make the go/no-go investment decision.
Favorite Inspirational Post of the Week
Selling the Surfing Lifestyle : I speak to a champion kite-surfer living in Negombo, Sri Lanka whose surf shop (and tourist customer base) was wiped away by the tsunami. Although I am in the supposedly third-world I surmise he is not only streetwise, but wise period. A passionate salesperson Chris Fernando teaches me his own philosophy to "long life."
Favorite Business Posts
What Do You Do When Someone Just Won’t Buy? : No matter how great your offer, you’re going to encounter a good number of prospects that either won’t or can’t buy. Four out of ten hits at bat get you into the Hall of Fame, what do you do the other 6 times?
8 Ideas To Handle Requests Of Your Business When You Can't Possibly Be There : There is little that frustrates a customer or prospect more than not being able to reach a business when they need to. It doesn’t matter if they’re calling to get an update on a shipment, lodge a complaint, give a compliment, request support, or request information in support of an eventual purchase – if they can’t reach someone in your company, easily, then you might as well not be in business.
Favorite Use of the Word “Moat”…
American Eagle Outfitters Moat Check : This article tries to determine whether American Eagle’s business can generate value by sustaining a long-term competitive advantage.
… and what good is a moat without a speedboat?
The Customer Speedboat Challenge : It's common knowledge that understanding customers' articulated and unarticulated needs is a critical piece of the innovation process. Gaining that wisdom, however, is much easier said than done. It's easy to be overwhelmed as we hear and read volumes about ethnography, lead users, customer archetypes and other processes for gaining customer insight.
Favorite Posts that are “Over my head”
Privacy as a Property Right : The Constitutional right to privacy is clearly indicated by Amendments 9 and 10. Despite this clarity, some prominent people continue to believe that Americans have no fundamental right to privacy. By addressing information as a form of property, it can be shown that the right to privacy is not only a right unto itself, but also a private-property right, subject to all of the protections of other forms of private property.
It's a (Globalized) Jungle Out There : At times during the last several years I have felt that the business world is being pounded by what seems like a succession of asteroids, in the form of competitive threats and new challenges. These asteroids, much like those that pummeled the earth in the distant past, leave behind a drastically changed landscape, making what seemed like a jungle before even more forbidding. Those companies that do not adapt to the major changes taking place will be left behind, their place taken by new companies born from the new competitive landscape. One such "asteroid" or disruptive force is globalization.
Favorite Post from Someone Everyone in my Profession Should Listen To
26% of Your Profitability Is In Your Hands : Bruce MacEwen asks and answers the following questions "Is your firm as profitable as it could be? How does it measure up vis-a-vis its peer group? And what defines that "peer group," precisely? Do you ever wonder what you could do to improve its margins? Structurally or strategically, precisely what would that entail?
Favorite Post about something I really don’t care anything about
Power, Truth, and Responsibility : What we learned from the Oprah show.
Posts that describe why I like to speak in public
Help for Public Speakers : Well, I knew it had to happen sooner or later. A news release from Reuters this week said that "Sex Helps Calm Nerves Before Public Speaking".
Dealing with presentation anxiety : Most people get nervous at the thought of having to present in front of a crowd. Is there something in our DNA that makes us fear crowds? Perhaps there was (is?) an evolutionary advantage to staying low and not being noticed by predators, including the human variety. No matter the reason, it's a fact that standing in front of a group of people is freighting to many and provokes varying degrees of anxiety among the rest, including seasoned presenters and entertainers. So what can you do to calm your nerves?
The Carnival
Sometimes it is Just Time to Pull the Trigger : There are many really good business opportunities that never make it past paper. Would-be entrepreneurs agonize over every detail of their plan to the point that it never gets off the ground, or they miss their window of opportunity.
Who Knew? Not All Women Want Valentine Candy or Flowers : Assumptions. Something to avoid if you are marketing to women...and, if you are deciding on a Valentine's Day gift for your gal, apparently.
Things I learned buying my car : Some credit unions consider new cars to be anything from the last 3 years.
Transparent Generation realizes downside to growing up online : The Internet generation is waking up to the realization that they've created a transparent, permanent record by which potential employers are making decisions about their future.
More Changes to Ford Credit and Other E-Bill Gripes : Ford Credit continues changing their billing and e-billing rules without telling anyone. Not very nice.
Nagin Works Both Sides of Aisle for Aid : Ray Nagin is not nearly as complicated a person that we make him out to be, especially when he needs to curry political favor on both sides of the aisle to obtain federal and state money to rebuild New Orleans.
The revolution begins on Ken Lay's web site : Ken Lay's “informational” web site pushes the notion that nothing illegal happened at Enron – and that he is just another victim of the government’s brutal, arbitrary abuse of the white-collar worker.
Prescription Drug Marketing Act and Sampling : Pharmaceutical companies rely heavily on sampling to get the "word" out about their drug. Giants like Pfizer, Merck and others spend a large portion of their marketing budget on getting samples of their drugs to doctors. What does this all mean? Well, for starters, pharmaceutical companies have to follow federal regulations (enforced by the FDA) in order to sample their product. However, because states began passing laws and regulations pertaining to sample distribution, companies also have to be cognizant and abide by state laws and regulations.
Should Home Buyers hold off buying for 2006? : “First of all my answer to her question is; it depends! How is that for a direct answer!”
Drinking the blood of the people : I remind readers that a targeted tax deduction is nothing but a government subsidy in disguise.
Section 105 for Dummies : Guest Blogger Bob Vineyard's tutorial on a controversial, sometimes useful but potentially dangerous, tool that small businesses can use to lower health insurance costs.
Might online-game virtual currencies become a viable alternative currency? : A dream of the libertarian, anarchist and tax resister fringe is a replacement for government money. But most proposed alternative currencies haven't really taken off. Increasingly, though, virtual assets purchased or won in the course of massively multiplayer on-line games are being traded for real-world currency (and more recently, game-world currency is being used to buy real-world products). Are virtual, game-world economies going to succeed where Time Dollars, labor notes, and PayPal have not?
Libertarian “socially responsible” business practices : Some libertarian-minded folks scoff at “socially responsible” business practices — “the social responsibility of business is to increase its profits,” Milton Friedman wrote — but what will they think about a business that takes a libertarian view of social responsibility that goes beyond the profit motive?
Why I Use a CPA to Do My Taxes : Why it makes sense for me to have my taxes done by a CPA.
Speaking of relevance, Mr. President... : The nation’s CEO has a far worse track record than the auto companies he scolded for not controlling costs and being irrelevant to the public.
McDonald’s on Drive-Thrus, Avian Flu and Negative Comps in China : McDonald's has a large and growing presence in China. Management had some really interesting things to say during its earnings call with analysts this week.
China Surging Ahead, Or Is It ? – Like it or not, China is coming on strong and poised to become an ever bigger part of the world in the future.
Well This Can't Be Good News :General Motors put out its earnings report today, and the news is not good at all.
Sport or Folly? : Forgive me here if I take a position against taxes, but as you may know, it's a bit of a favorite American pastime. It's OK for everyone else to pay taxes, just don't raise mine, and just don't ask me to pay any more than my fair share. By the way, if I can figure out a way to avoid paying some of those taxes, don't begrudge my deduction.
Does 81 Return Kobe to Hero Status? : Can becoming a scoring overcome the stain a high profile rape charge and admitted adultery? It would appear that Kobe Bryant is beginning to restore his marketing status through his on court performance but will his selfishness hold him back?
Way to go, Yahoo! CFO : Did Yahoo! "concede" in the search wars, or did they simply fail to articulate what war they're fighting?
Making Cynics at the Monster Truck Rally : Using fakery to gin up excitement at something as trivial as a Monster Truck Rally encourages cynicism in more important competitions. Employing lies for entertainment value hurts the entire culture, and a society that relies on trust.
A sad day in the neighborhood : A look at Section 230 exemption from liability, where a user posted a suicide note in an unmoderated forum.
What's wrong with being a "big" company? : The Seattle Post Intelligencer ran a story (via Bloomberg News) on Microsoft's newest ad campaign: "Microsoft Corp., the world's biggest software maker, will spend $120 million a year on an advertising campaign to fight its image as 'a huge American company.'" I can't believe that a company would be willing to spend $120 million for this purpose. To begin with, what's wrong with being a "huge American company?"
Gender Pay Gap, Yet Again. : "Part of an ongoing discussion of whether there actually is a gender pay gap and if so, what's causing it."
ChoicePoint Fined $15M for Identity Thefts : ChoicePoint was fined $15M for selling data on 163,000 people to fraudulent companies, or $92 each. So how much should other companies who have lost data pony up?
Google Kowtows : Google would have us believe that compromising their own mission and willingly participating in the widescale suppression of access to information is the lesser of two evils. To my mind, the only way such a "lesser of two evils" strategy can be justified is when some greater good can be foreseen to result. I've tried for a few days now and I can't figure out what that greater good is. Can you?
Housing Starts -What’s the big fuss over construction?
Keeping things in the families : We don't just hire people, we hire families. People from the same family often share the same values and work ethic. Chances are, a great employee comes from a family of great employees.
Smart Man Online: Scott Ginsberg - That NameTag Guy : This interview is one of a kind. Scott Ginsberg is talented, innovative, and "good people." Glad I met him at Word-of-Mouth in Florida...and glad to bring his unique approach to marketing, to this corner of the blogosphere.
Payment, Interest Rate and Up Front Costs : Choosing a loan intelligently
Priced out of Brooklyn : But in a surprising twist, a recent front page column in the NYT raises an interesting and unexpected parallel: It turns out the wealth dichotomy in the U.S. between the Haves and the Have Nots (or more accurately, the Have Less) is surprisingly similar to those of Manhattanites versus the outer boroughs
Title tags: SEO by any other name : One of the fastest and often forgotten techniques, to move a blog or web page higher in the search rankings, is to change the page’s title tags. Title tags are the words that appear at the very top of your web browser, and they tell the search engine what the page is all about.
Chipotle...The Starbucks of Burritos : Chipotle recently went public (ticker: CMG), and prior to the offering, I put together some of my thoughts based on the roadshow presentation, my experience as a customer, and reading the S-1.
Online Marketing Bafflegab for 2006 : A presentation specialist provides a handy translation for an online marketer's mysterious vocabulary.
Why More Corporations than LLCs? : An academic is puzzled at how much more popular S corporations are than limited liability companies. A practitioner suggests some reasons.
Families, Corporations, and the Blackberry : “On one level I agree with her. The super-turbo-charged-24/7/365-at-the-office career is the enemy of the family. On the other hand, I always get suspicious of big generalizations about "corporate life." I find that one moves rapidly from the reality of corporate life (which is actually remarkably diverse) to the imaginary world of unremittingly eeeveel corporations created by humanities majors and others who think that they know what corporations are "really" like because they saw Oliver Stone's Wall Street.”
The Me2 Revolution : The traditional approach to corporate communications envisages a controlled process of scripted messages delivered by the chief executive, first to investors, then to other opinion-formers, and only later to the mass audiences of employees and consumers. In the past five years, this pyramid-of influence model has been gradually supplanted by a peer-to-peer, horizontal discussion among multiple stakeholders. The employee is the new credible source for information about a company, giving insight from the front lines. The consumer has become a co-creator, demanding transparency on decisions from sourcing to new-product positioning.
Soaring commodity prices : Econbrowser investigates the possible role of U.S. monetary policy in soaring commodity prices.
Common Stocks and Uncommon Profits - a dangerous book : A review of the book Common Stocks and Uncommon Profits.
Why Pioneer Delisted Its ADRs from NYSE (PIO) : Very quietly one of Japan's most famous manufacturers of consumer electronics has delisted itself from the NYSE. Pioneer also delisted from Euronext Amsterdam and Osaka. Costs were a major issue but that's certainly not all and other foreign firms could follow suit.
Wal*Mart: Maryland is Bad for Business : Maryland has dictated that 8% of Wal*Mart's revenue be directed by the Maryland legislature. Continuing a taxing tradition. In the mid 90's Your Business Blogger was President of a (very) modest software company in Maryland. Looking hard for good people and profits. Back then I asked Rudy Lamone, a Professor of Management Science about Maryland's confiscatory taxes and thin talent pool. Would he say there was a causation? Or mere correlation?...
Rate Chaser Calculator - Just Plug It In! : This simple calculator is designed for people who are thinking of transferring their bank deposits to another higher-yielding bank (from Emigrant Direct to ING Direct for example), but are unsure if it is really worth the effort due to the potential interest lost during transfers.
Reinventing yourself - part 2 of a series : Reinvention is not necessarily an "Extreme Makeover" drama as seen on TV, but the results can be spectacular. While dramatic results may result from reinventing yourself, many successful long-term changes come from actions that others cannot easily see, except that you eventually appear to be happier and more successful.
A Meeting of the Minds : If our process-minded CEO had his way, we would create a whole new bureaucracy, with stewardship, management and working committees meeting regularly, if just to know if the committees are working.
Where To First Invest Extra Money : There are certain places where you should place the money your saved first before any other. The number one place? A 401K plan that matches contributions.
Coyote and the Blame Game : In another of Coyote's Workplace Fables, Coyote helps someone discover the person who's truly to blame for all the problems they're meeting in life.
First feedback from our survey : Initial feedback from the Slow Leadership survey gives dramatic evidence of the problems faced by managers and professionals as they try to deal with constant organizational demands and impossible targets.
Investments - Step 1 : Discoving what kind of investor you are.
GDP Lays an Egg : The Fed's interest rate increases are beginning to take effect. With both real estate price growth and GDP slowing, further interest rate hikes are not necessary.
Advertising isn't dead, but it is dying : I interpret current changes in the world of advertising as death throes for the industry, and argue that the coming death of advertising is a good thing for consumers.
Flight of the Dentists : The socialized dental care scheme of the NHS apparently can't compete with the capitalist rewards of private practice. Consequently, not only are established dentists leaving the NHS, but one-third of those graduating from universities are leaving the country.
How Marketing Research Can Benefit A Small Business : In this special guest post by Joy Levin, you get practical advice on how to research your market, including valuable links to free or top notch research resources.
Noah's McDonalds Theory : Getting people to think about what is important in their lives.
How Available Are You? : Last week, one of the email groups I belong to started discussing the use of a cell phone vs. a landline or other telephone system for their office. Grant Griffiths of Home Office Lawyer posted about the conversation and his views on using a cell phone vs. land line, and a number of others (including me) joined the conversation and commented.
Panoptopia and the Pushbutton Panopticon : With too many people defending the new levels of surveillance, I thought I would introduce a new word: Panoptopia — a world made wonderful by having so much surveillance that we can catch all the bad guys.
Disrupting Venture Capital? : People (like Doc (and againRick, Dave, Shel and others) are talking about “disrupting” the venture capital business.
Put your Blog on a T-Shirt - SnapShirts : Here’s a fun service for bloggers who can’t bear to be without their blogs might like to use. SnapShirts is a T-Shirt company that can make a T-Shirt with a word cloud from your blog on it!
Why Most Published Research Findings Are False : Ioannidis describes a statistical test for the likelihood of research being false, first without researcher bias and then a second test that includes bias. The result: it doesn't look good.
BadgeRank (at Davos) : Ever wonder they figure out the pecking order at Davos?
The employee suggestion box should not be a paper shredder : In a post about Ford Motor Company's newfound willingness to tap into the ideas of its workforce (now that the automotive ship appears to be sinking...), Idea Sandbox explains why the best ideas come from employees and how companies can create a nurturing environment for innovation before it's too late.
Don't be stupid : John Battelle wonders why "Yahoo and Microsoft can go into China no problem, but once Google does, then the US Congress gets into the act."
Howard Stern Marketing Vs. Movie Marketing Or, The Mistake Quentin Tarantino Is Making : I've long been of the opinion about movie promotions: "Fool me once shame on you, fool me twice, shame on me, but fool me thrice and I'll forever wait for DVD."
And… if you made it this far, my favorite aging-related post
An Aging Society Is a Right-Minded Society : Here is the story of how I came to formulate my hypothesis about increased influence of the right brain on perceptions, thoughts and decisions in later life.
Thanks again for stopping by and I hope you found something of interest in all the links. As always, I found quite a few new and interesting blogs to go into my aggregator.
Next week’s Carnival of the Capitalists will be found over at AnyLetter.
Posted by Douglas Sorocco at 08:33 AM.
Permalink: Carnival of the Capitalists #121
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CLIENT SERVICE
December 05, 2005
announcing ... J. Matthew Buchanan - of counsel to Dunlap Codding & Rogers
You know the old saying… save the best for last.
It is my utmost pleasure to be able to finally and “officially” announce that J. Matthew Buchanan has joined Dunlap Codding & Rogers, P.C.
I know that others (including Matt, Steve, Dennis and Kevin, among many other well wishers) have already beat me to the punch, but since December 1 was Matt’s first official day “on board” – I wanted to wait to make the announcement over here at PHOSITA.
Many of you know of my collaboration with Matt and Steve Nipper over at Rethink(IP) – but what you may not know is that the three of us began collaborating with one another on different legal matters, practice tips and general career issues at about the same time.
We all knew that we wanted to continue practicing law – it is truly what we love to do – but at the same time we believed that we could begin to explore the nature of intellectual property law and how legal services are provided to clients. Hence the birth of Rethink(IP) – a place where we can rant and post about the practice of intellectual property law.
As you can imagine, many of the things we discuss “off blog” are where we are most interested and one of the truly great things to come out of Rethink(IP) was the ability to discuss our individual practices with someone outside our firms – without fear of competition or self-interested advice being given.
One of the things that struck me almost immediately is that we all have the same philosophy and desire to serve our clients. Matt especially — Matt is the kind of lawyer that we all want to be – loyal to a fault, insightful, pragmatic and wickedly inquistive and knowledgeable.
I always had in the back of my mind that Matt was one of “those people” I wanted to associate with — little did I know that I would get the opportunity much sooner than I had ever expected. When Matt mentioned to me this past summer that he was interested in exploring other career opportunities, I knew that there was an opportunity for us to begin putting some of the things we both believe in – service, commitment and excellence – into practice.
So, after thousands of conversations – Matt agreed to come on board with us at DCR. I doubt Matt ever expected to be “of counsel” to a firm started in Oklahoma in the 1950s – but as we have grown to include an office in Washington D.C. and our clientele spans the globe, it is only fitting that our newest and tech-saviest firm member is keenly aware of international patent developments and legislation.
Matt is also spearheading our insourcing and outreach efforts – an experiment surrounding the concept of leveraging the lower overhead of “one off” midwestern cities to a client’s advantage.
Overall, DCR is extremely excited and hopeful about Matt joining our firm. I think DCR is a perfect fit for Matt, and I likewise believe that Matt will be someone who helps further position DCR at the forefront of intellectual property law firms.
And as Matt has said over and over the past couple of months, “… any place you can eat five types of smoked animals on one plate, can’t be all that bad!”
Posted by Douglas Sorocco at 07:16 AM.
Permalink: announcing ... J. Matthew Buchanan - of counsel to Dunlap Codding & Rogers
CLIENT SERVICE
November 27, 2005
Blawg Review #34
Here it is, Blawg Review #34 - The Tryptophan Overdose Edition!
As I was preparing this week's edition of the Blawg Review (while finishing my 180th piece of pumpkin pie), I began reminiscing about all the wonderfully themed editions that have come out these past many months - there was Denise Howell's "spooky" edition and the Patent Baristas "dog gone hot" edition, as well as many fine other creative compilations.
"Self", I said to myself, "we need to come up with a humdinger of a creative angle or we will forever be chased, tarred and feathered by a stink-bomb of a Blawg Review."
So I thought a little bit. I ate some pie. I took a nap. I reorganized my sock drawer. I reorganized my wife's sock drawer. I walked around the yard making mental notes of all the work I will have to do in the Spring. I thought a little bit more and my head hurt. I counted the number of lady bugs on our window screens. I ate some more pie. I took another nap.
"Self," I then said to myself again, "I am just too doggone busy and tired to be able to come up with a creative angle for Blawg Review. What am I gonna do?" And then, to my amazement, the empty pumpkin pie plate spoke to me in a calm and pumpkiny kind of voice....
YOUR CREATIVE ANGLE IS THAT YOU HAVE NO CREATIVE ANGLE!
Brilliant - talking empty pumpkin pie plates always have the best answers to life's little problems - even if their suggestion is spookily similar to a line from the 1990s movie Singles that I was watching the other night. But, ya gotta take inspiration from wherever it comes these days.
So, in deference to the talking empty pumpkin pie plate, here is Blawg Review in a "no creative angle" type of format.
Obligatory Terrorism (or “Terrorism-like” since everything is terrorism, these days) Section
From the annals of expanding employer liability . . . this story (from Rod Satterwhite) of an employer who was sued by an employee who was allegedly abducted and almost killed by terrorists in the Philippines (where the employer had sent the employee for job purposes).
The Rule of Law and Secrecy: CIA Prisons and the Plame Affair - Jerry Monaco comments on one of The Washington Post’s articles on the CIA secret prisons. According to Jerry, the story proves that for the ruling class of the U.S. "the rule of law" and "due process" is applied selectively.
From the Law Practice Management Blog :: Attorney Brian F. Labovick thought his comments posted on the Trial Talk web site, started by the Palm Beach County Trial Lawyers Association five years ago, were secure from prying eyes. He was wrong!
I really feel bad about putting the Adam Smith, Esq. blog in the ‘terrorism-like’ section, but since I am a small firm kinda guy, anything that has to do with the AmLaw 100 and especially about the fact that “two tier” partnership firms have lower profits per partner is automatically a “terrorism-like” subject. Sorry, Bruce!
My wife and I are expecting our first child in February, so The Mommy Blawg’s post about C-section rates hitting an all time U.S. high of 29.1% is scary enough to be included in the “terrorism-like” section as well. Of course, who you gonna blame when something is as`screwy as this percentage - the lawyers, of course!
Some may argue that setting legal fees may be “terrorism-like”, so I will include Blog for Business’ post on setting professional service fees. Mind you – I am not necessarily included in “some”.
Sorry for the diversion, there…. Back to real terrorism subjects -- All Deliberate Speed debates whether the government's failure to prosecute Jose Padilla in a timely manner requires that the indictment be dismissed. Grits for Breakfast wonders whether requiring two eyewitnesses might keep the government from convicting and even executing the wrong people?
Listening
The Rethink(IP) guys (well, really just mostly Steve) whine and moan about how terrible the US patent and trademark office website really is - this time, however, the government listened to a complaint and made a change.
Business Pundit points to a great Peter Drucker tribute in Fortune Magazine. I too love the quote dealing with “gurus” and think it is highly applicable to those in the law and legal practice consulting as well.
“That means he was guaranteed fun to talk to on any subject. As it happened, we had something in common, since Drucker had been a journalist as a young man in Germany. He thus had license to be scathing on the topic, as he was also when it came to management consultants who are low on substance but high on marketing pizzazz, of which there are always a few. He had a brilliant line that skewered both groups: “The reason reporters call these people gurus is that they’re not sure how to spell ‘charlatan.”
CCUCEO celebrates failure in a post titled, strangely enough, - Celebrate Failure. Zane agrees with the authors and goes on to say that “it's not that failure happens it's what happens afterwards that counts towards being a success. What do you do? Well...if you're a success you've always got back up and moved forward until your next failure. Again and again until you have it right.”
Common Craft posted on Learning to Listen (Again) – while it is geared for bloggers (not “blawgers”), the advice applies to all and especially those of us in the business of law – listening and writing.
A couple of posts made me long for the Socratic Method… so, y’all lose.
A question: is your firm/practice more like Starbucks or Dunkin Donuts?
Follow up: does it matter?
Moreover, do your actions match your words? Do they match your firm’s advertising?
Follow up: does it matter?
Finally, to round out the “listening category” I really really really want to stay in one of these hotels. What if a law firm/practice were to implement some of these techniques – what could your receptionist tell you about your clients? An even better question – what if your receptionist can’t tell you anything about your clients? (… but then again, the [non]billable hour will always know what your clients want…) In a similar vein, Decent Marketing highlights Typepad’s service troubles and asks yet another interesting question: “should you let your customers [(er… clients)] choose their remedy for bad service?”
Really, you are kidding me – only the lawyers “win” in litigation?
Point of Law focuses the spotlight on the recent opinion in Budget Rent A Car System Inc. v. Consolidated Equity wherein the 7th Circuit Court of Appeals wrote:
"The opinion exhibits a fundamental problem with much of the judiciary: a complete lack of understanding of how much litigation actually costs clients. (This problem is exhibited most frequently in discovery disputes, where judges weighing costs and benefits of permitting broad discovery to go forward regularly and consistently underestimate the side of the equation reflecting burdens.)"
I bet the Anonymous Lawyer couldn’t care less about them “wussy” 7th Circuit judges – and at the very least, Jeremy has the first draft of his book out to the editors! The dough should be rolling in soon enough.
While some blogs entertain, some blogs actually try to educate.
Minor Wisdom tries to get lawyers to listen in a post entitled "Contractors teach lesson in marketing". Raymond Ward, a New Orleans lawyer who recently returned home, needed his roof repaired. His business dealings with contractors offer a valuable business lesson for lawyers.
Online Guide to Mediation made me rethink (sorry, shameless link) some of my inaccurate assumptions about conflict resolution -- Test of Character: Using instruments to probe conflict styles and moral intuition
Observers of human behavior are intrigued by the ways in which people respond to interpersonal challenges or moral dilemmas-those times when we are in conflict with others or with ourselves. The choices we make reveal much about who we are. Researchers have developed instruments to help us survey our inner landscapes and to make sense of the contours and borders of the moral and social self. Let us consider two such instrumentsone that illuminates conflict styles and another that measures moral intuition.
My Shingle has a great post about the fact that big companies are starting to “pin point” smaller firms for more and more legal work. It is another great example of insourcing being applied to the practice of law.
If you give it, they will come in droves… Legal SEO Blog pointed the way to free Web Statistics with Google’s new analytics service. Unfortunately, too many people followed the advice and the service is currently closed for new users – Google be a fickle lover – she giveth and she taketh.
Finally, Professor Bainbridge asks an interesting question - Why not shareholder activism?
Maybe Darwin really was right?
F/K/A - David Giacalone never ceases to amaze me with the stories he finds, and this is a gem.
"During a traffic stop on various violations, [the motorist] told an officer that there was a gun on the back seat of his vehicle, but it didn't work and he was repairing it for a friend. Tests showed that the gun was inoperable, and thus could not be the basis for a charge of criminal possession of a weapon. However, the innovative Assistant Schenectady County District Attorney, Martin Burke, decided to seek an indictment based on [the motorist's] intent to repair the weapon and thus make it operable."
Can you lose a customer (er… client) by using only two words? Holly Buchanan at the Marketing to Women Online blog offers some lessons that attorneys can also use to overcome the little things that undercut marketing and client development efforts.
I knew pumpkin pie was the answer to everything, rather than chocolate – and now it is confirmed by May It Please The Court:
"Earlier this month, the USEPA declared a new enemy in its fight against air pollution: chocolate. That's right: the sweet smell of chocolate can apparently lodge particles in your lungs, supposedly to your detriment. Blommer Chocolate Co. has been targeted by the USEPA in response to a singular complaint, and has instituted installation of abatement equipment to eliminate the chocolate (dare I say?) odor."
At CrimLaw, Ken Lammers sarcastically mentions the EU's recent experiment with the federalization of criminal law. I wonder how long it will take for the EU to institute “trois grèves”.
How crazy are your customers (er… clients) – and how does it apply to you? Check out Seth’s Blog and the post The inanity of the American consumer:
“It seems as though we've marketed ourselves into a corner, where the only way to grow is to find increasingly narrow niches of decreasing utility. The consumer portion of our economy is now dependent on a four-week long debt-fueled race to buy the useless.”
B.L. Ochman points to Media Law Resource Center's online list of libel and related lawsuits against bloggers. In the “this is absurd” category, the case of Ohio v. Baumgartner is highlighted wherein two bloggers were held on charges of intimidation, retaliation and possession of criminal tools (i.e. a computer).
Over at the Signal vs Noise Blog there is a great story entitled Citibank Horrors: How hard is everyday banking? What do you make your customers (er… clients) do to work with you? Does your practice have the same horrors as Citibank? You may be surprised at the lessons you can learn at Citibank’s expense.
‘Wait until the Markman hearing hits em, then see what happens.’ PI attorneys are filing patent infringement cases in light of Texas’s limits on pain and suffering awards. What’s next – patent attorneys filing slip and fall cases? (hat tip Chris Rush Cohen)
Beyond Management Blog -- How Entrepreneurs Should Choose Investors – Play a little game with this entry, substitute the word “lawyer” for entrepreneur and “client” for the investors. Pretty spooky.
“The investor-entrepreneur relationship is vital to the success of a budding company that has acquired private equity capital. The relationship - as any other relationship - must be based on trust, honesty and integrity.”
White Bread Leftovers
IdeaFlow told us this week what customers (er… clients) want for Thanksgiving. Reid My Blog! helpfully provides the 2005 Holiday Gift Guide for Lawyers.
“Reid has been spanning the globe to find the best gifts for lawyers. Practical gifts, fun gifts, outrageous gifts, and more. Whether you are buying for your partners and associates, or are looking for ideas for your favorite lawyer, here are 10 recommendations that will please even the most discerning barrister.”
Meanwhile, the Servant Leadership Blog reminds us that Thanksgiving is not only about pumpkin pie, it’s also about reflection and introspection. Similarly, George M. Wallace of "a fool in the forest" is Still Thankful After All These Years.
Amazingly enough, Ernie is thankful for Hurricane Katrina.
Grand Rounds, affectionately known as "the Carnival of the Caregivers" and leading weekly medical blogosphere roundup, has some news. Medscape.com will be featuring each week's Grand Rounds host in a column to run on their site, called "Pre Rounds" (in the hospital, pre-rounding is what med students and interns do before formally rounding on patients...) The column will feature the best posts from each host, the story of their blog, some anecdotes, and a link to that week's edition of Grand Rounds. The "Pre Rounds" column (registration required -- there's the rub) is up and there's more on the Medscape collaboration here.
It is the beginning of seminar season planning and Jason Womack is on the case for us with an article entitled Seminar-ing for success.
“Attending a seminar differs from other kinds of learning, such as: group discussion, computer-based-trainings, or reading. Asking questions, listening carefully, imagining and visualizing yourself experimenting with the information back in the real world are great methods to enhance your learning experience. Here are several ways to maximize the time you spend in seminars.”
Dennis Crouch at Patently-O: Patent Law Blog, points to some of the patents and trademarks related to Thanksgiving Day that are recognized by the USPTO.
Diane Pfadenhauer, at Strategic HR Lawyer, wonders if anyone will be working on "Black Monday", the day after the Thanksgiving long weekend. Also, known as "Cyber Monday," it has become the biggest shopping day of the year - online.
If you aren’t shopping on Monday, here are a couple of online diversions for you to enjoy :: Evan Schaeffer's Legal Underground has links to "Lawyer, Lawyer" a well-done animated film by Kahye Hwang of the Vancouver Film School; Andrew Raff, at IPTAblog, has an interesting post about Fair Use, Films and the First Amendment; Ross Dannenberg, at Patent Arcade, has news about intellectual property sales in Entropia (an online game); John Lambert across the pond – writes about Branding for the Bar; Brandy Karl at bk! tackles the idea of a Blue Thanksgiving; A Fool in the Forest is Still Thankful After All These Years; and Patent Baristas explore “What's A Reasonable Royalty Rate?”
Ok – I threw in that last one just to see if you were still paying attention.
InHouse Blog (among others including Jim Calloway) points to Cornell Law School’s open source legal wiki - Wex. You never know where wikis are going to pop up in 2006.
While I must confess a love of pumpkin pie, others in my family would rather sing the praises of Stove Top Stuffing – that is why we must say our respects to Ruth M. Siems, the first-named inventor on U.S. patent 3,870,803 and also one of the creators of Stove Top stuffing which was introduced in 1972. Thanks go to PatentHawk for bringing this to our culinary attention.
That’s All Folks! If anyone is interested, I am always “thankful” for home made pumpkin pies. Please send them to my work address – my wife would surely not approve.
Next week’s Blawg Review will be hosted by Colin Samuels over at the Infamy or Praise blog. According to Colin, Thanksgiving is the best of times and the worst of times… if you are a turkey, that is.
Blawg Review has information about next week's host, and instructions on how to get your blawg posts reviewed in upcoming issues. So head on over!
Posted by Douglas Sorocco at 10:24 PM.
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CLIENT SERVICE
November 26, 2005
stanford chemistry offers forward thinking pregnancy policy for graduate students
I am somewhat behind in my journal reading, so while this may be somewhat older news it was something that I wanted to share with the blog-o-sphere.
According to C&EN News (Chemical and Engineering News – November 7, 2005 issue), Standford University’s chemistry department recently implemented a very forward thinking pregnancy policy (PDF of policy) for graduate students.
The pregnancy policy provides that graduate students receive 12 weeks of paid leave “to accomodate late-stage pregnancy, childbirth, and the care of a newborn.” The pregnancy policy also allows graduate students to maintain full-time student status (important for school loans and financial aid) and provides for the facilitation of return to classwork, research and teaching duties.
Jackie Tyson, executive director of the National Association of Graduate-Professional Students, said she was very pleased about the move at Stanford because most universities do not have formal policies. "Many women have felt penalized by having to ask, and the reality is that a lot of men still leave everything to women or most everything to women, so this has a real impact," Tyson said.
This is an incredibly powerful step Stanford has taken – as the spouse of a former graduate student, I know how stressful and trying it can be to juggle a pregnancy, graduate work and research. Stanford’s policy will hopefully spur similar policies at every university and academic research institution.
It always comes back down to the simple things – treat people fairly and with compassion and you will reap the rewards ten-fold.
For additional information, follow the links:
Posted by Douglas Sorocco at 07:26 AM.
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CLIENT SERVICE
November 14, 2005
fashionably late to the blawgthink ball
Well it seems that I am destined to be fashionably late to all things BlawgThink these days.
Day 1 – the newest member of DCR (more about that later) and I arrive late due to a very informative and interesting client breakfast.
Day 2 – all the RTIP guys arrive late because of a defective alarm clock : defective in the sense that it didn’t realize it was supposed to go off again even though one of us decided to turn it off when it went off at 5am.
Afterwards – everyone in the blog-o-sphere seems to have already posted their experiences and recollections. See e.g. Almost Cool, Blogads Weblog, BK!, Knowledge Jolt, and Dave! of Preaching to the Perverted, among many many others.
It was another one of those events where you just gotta sit down and think about it for a couple of weeks. I got a chance to decompress for all of 12 hours before I was off on a client trip – so I haven’t had much time to really get my ideas and impressions organized – they are spread across a number of folded and crumbled pieces of paper and I need to get them into some sort of order before posting about them here.
I promise I will – however, I have said it before and I will say it again – if it can’t be done in MindManager (using Gyronix’s Results Manager) it ain’t worth doing.
I will say this: there are some tremendous thinkers in the small corner of the blog-o-sphere where us lawyers hang out. If I could find a way to corral all of these folks into one innovative and forward thinking organization, the world would never be the same from a client service point of view. In fact, I wouldn’t be surprised to see more collaboration and innovation occurring sooner rather than later — the legal services industry is about to be shaken up.
And it goes without saying, Matt Homann and Dennis Kennedy are two of the most genuine and innovative folks out there – if you ever get the chance to spend some time with either of them, do not hesitate to take advantage of the opportunity.
Posted by Douglas Sorocco at 11:41 PM.
Permalink: fashionably late to the blawgthink ball
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October 26, 2005
what is your 'invisibias' - proactive invention management
1. Big Assumption: We don't know who the most prolific inventors should be.
2. Big Assumption: We don't know when an inventor will come up with an idea.
3. Big Assumption: We don't know what field an inventor will invent in.
Posted by Douglas Sorocco at 10:16 AM.
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CLIENT SERVICE
September 30, 2005
How to Understand Your Lawyer - Interpreting "Patentese"
Do you know what the heck your patent attorney means when you hear that there was a rejection based on prior art, or that there was an objection to the specification, or even that your patent claims were allowed? Hard as we try, we still often lapse into speaking "patentese" (a specialized field of "legalese"). You should never be afraid to ask your lawyer to explain. After all, they work for you. But, if you are hesitant to point out our failure to actually speak English, you needn't suffer any longer.
Patently-O: Patent Law Blog to the rescue. Dennis Crouch recently posted links to a few patent glossaries, claiming that they are "a great place to start if you are a new lawyer, agent, or paralegal trying to learn the trade." The only thing I would change about this statement is to include a patent-seeker or a patentee in this group of people.
Posted by Melody Wirz at 09:18 AM.
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September 13, 2005
U.S. Patent Quality Questioned in Industry Poll
According to this, the Intellectual Property Owners Association (IPO) finds that patent quality is deteriorating. The organization released survey results that indicate that 74% of respondents think they will be spending more on patent litigation in the next few years.
The article states that "[h]igh quality patents are usually thought of as those that will hold up if challenged in court," and points out that the USPTO is responsible for issuing high quality patents. The article also mentions that hundreds of millions of dollars are being diverted from fees paid to the USPTO to fund other government programs. It states "IPO believes the loss of funding and delays in modernizing the agency's operations have been primary causes of the current weaknesses in patent quality and the growing delays in processing."
While I don't even try to claim to know more than the IPO, I don't know that I agree with many of its findings.
First, I'm not convinced of the measure of a high quality patent. There have been numerous ways of measuring patent quality, including later citations and success in court. However, I believe that a high quality patent is one that never even needs to go to court. Sure, a patent that is well-written, clear and thorough will stand the test of litigation. However, the best patents don't require litigation to prove their value. In fact, the best patents would scare off potential lawsuits. So, I disagree that quality patents are those that succeed in court.
Second, I am not convinced that the deterioration in patent quality is due to fee diversion. While this does cause USPTO resources to be limited, I think the patent drafters need to assume some responsibility for the quality of the patents. Before I took the Patent Bar, I was convinced that upon issuance, a patent was nearly indestructible. However, I have since learned that issuance has little to do with anything other than the payment of an issue fee and maintenance fees. Litigation often proves to be the true test of patentability. Every good patent should be able to survive litigation (if it comes to that). The judge or jury is the true "Examiner" of the patent. The guy (or gal) working for the USPTO is just an expensive "trial run."
I think if every patent professional drafted patents with litigation in mind, the quality of patents would improve. This would result in reduced litigation. Even so, I admit that higher quality "trial runs" would also result in reduced litigation.
Posted by Melody Wirz at 02:54 PM.
Permalink: U.S. Patent Quality Questioned in Industry Poll
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September 07, 2005
U.S. Patent Office Discloses Confidential Data
Warren Rojas (Investigative Reporter, Tax Analysts) has published Patent Office Rules Allow Simple Access to Tax, Financial Data, 108 Tax Notes 1079 (Sept. 5, 2005), also available on the Tax Analysts web site as Doc 2005-18195, 2005 TNT 171-1. Here is the opening:
In a practice that brings up serious personal privacy issues, the U.S. Patent and Trademark Office (USPTO) routinely makes available to the public tax returns and other personal information about inventors, an investigation by Tax Analysts has revealed.
Few inventors are aware that their tax and financial records, which they are often required to submit to the USPTO if they fall behind on their patent maintenance fees, are available for public inspection.During recent trips to the USPTO file information unit in Crystal City, Va., Tax Analysts retrieved more than a dozen patent files on inventors from across the country that contain individual and joint federal tax returns, wage and withholding reports, monthly bank statements, Social Security Administration benefit statements, credit reports, and mortgage foreclosure warnings. Included in those documents are names, Social Security numbers, credit card numbers, bank account numbers, home addresses, income data, mortgage histories, and student identification numbers.IRS and Treasury officials maintain that information obtained by other government agencies -- in this case, taxpayer-furnished data sent to the USPTO in return for commercial protection -- is exempt from the stringent antidisclosure provisions in section 6103 of the tax code. "There are significant privacy concerns, but they don't have anything to do with [section] 6103," a Treasury counsel said. Other tax officials remained baffled by the disclosure issue, questioning whether the USPTO policies run counter to the Privacy Act of 1974 (P.L. 93-579), section 6103, or both.
Posted by Douglas Sorocco at 04:43 PM.
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LEGO My LEGOS - The Significance of "S"
You have most certainly heard of "LEGOS." 
They have long been one of my favorite toys. However, when you try to go to the website legos.com, you will quickly find that you have made a mistake. A message sponsored by "LEGO" appears to inform you that the product is called '"LEGO bricks or toys" and not "LEGOS."' The site then directs you to the proper site, lego.com.
According to a techdirt post, this is a little unsettling. The post states that the website "gives you a lecture on how to properly spell their name."
Why would LEGO be so protective of this mark? I cannot say. The company website provided little explanation outside of the origin of the name: 'The name LEGO comes from the Danish words "Leg Godt," which means "Play well." In Latin it means "I put together."'
I found a federally registered trademark for "LEGGO'S," but it was for frozen food (not likely confused with interlocking plastic building blocks). My best guess is that this message is an attempt to avoid genericism. However, the avoidance of using an "S" on the end of "LEGO" seems a little weird to me. It is common to pluralize a word by adding an "S," and "LEGO" in my mind refers to a single "LEGO brick." Therefore, multiple "LEGO bricks" would still be "LEGOS." Maybe I'm missing something about why we are not supposed to use the simple term "LEGOS" instead of the much more complex "multiple LEGO brand bricks or toys."
UPDATE 9/7/05: An "expert" has helped me understand a little more by pointing me to the part of the LEGO company website that covers this better. It states 'If the LEGO trademark is used at all, it should always be used as an adjective, not as a noun.' I guess I should have realized that trademark always refers to the source and not the product itself. I believe this is the second law of trademarks. The first law of trademarks is trademarks arise out of USE. Even so, it is still common to use trademarks as nouns, with the intent to identify the source. Source is often implicit in the noun itself. For example, people do not say they drive a "Ford brand car," they say they drive a "Ford." This use leaves little question about the source of the "Ford."
Posted by Melody Wirz at 10:11 AM.
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August 29, 2005
USPTO News and Notices Available via Email - Rethink(IP)
Responding to an overwhelming number of requests for an email subscription option, Rethink(IP) launched an email subscription feed over the weekend.
Powered by FeedBlitz (a great new RSS to email solution : tip of the hat to Matt Homann) – you can sign up over at the Rethink(IP) site or simply add your email address below:
Posted by Douglas Sorocco at 09:01 AM.
Permalink: USPTO News and Notices Available via Email - Rethink(IP)
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August 23, 2005
RSS at the USPTO: Even a Blind Squirrel...
Down here in the South we have a fondness for “sayings” – “Fast as a duck on a june bug” and so forth.
One of my favorites, however, is “Even a blind squirrel will find a nut once in awhile.”
Unfortunately, that saying just doesn’t hold true for the United States Patent and Trademark Office. The Rethink(IP) team (me, Matt, and Steve) just didn’t think it was right that the USPTO only provided official news and notices via a clunky and antiquated website.
We ranted…. we pleaded… finally, we just acted.
So – this morning we launched the first ever RSS feeds for all the USPTO official news and notices. As per the Rethink(IP) site:
Today we launch the following four RSS feeds that mimic the categories used by the Office:
Official Gazette and Federal Register Announcements (feed: http://feeds.feedburner.com/RethinkIP_USPTO_OG )
General news items (feed: http://feeds.feedburner.com/RethinkIP_USPTO_GEN )
Patent news items (feed: http://feeds.feedburner.com/RethinkIP_USPTO_PAT )
Trademark news items (feed: http://feeds.feedburner.com/RethinkIP_USPTO_TM )
A fifth feed includes ALL items for each of the four categories listed above (feed: http://feeds.feedburner.com/RethinkIP_USPTO_ALL )
Go ahead and subscribe. Who knows, you might find yourself actually reading PTO news and notices on a regular basis!We believe this Rethink(ip) project is a great example of a practical application of RSS technology and we hope it will expand the use of RSS throughout the IP community. We also hope it will grab the attention of decision-makers at the PTO and encourage them to take a serious look at RSS.
Go on over and have a look, subscribe to a feed… learn more… and more importantly, to the USPTO, please don’t continue to be a blind squirrel.
Posted by Douglas Sorocco at 09:22 AM.
Permalink: RSS at the USPTO: Even a Blind Squirrel...
CLIENT SERVICE
July 29, 2005
Patent Prosecution Tips on Translations
In another insightful post from within the USPTO, the anonymous Just a Patent Examiner does a great job of humanizing patent examiners and making collaboration more appealing. I particularly like the following quote which comes from a rant about poor translations, Attorneys' Arguments re: 112 Rejections: "Please, attorneys, help me out here. I just want the specifications and the claims to be understandable and consistent. Is this really too much to ask? Is this not a laudable goal? Shouldn't the examiners and the attorneys be trying to do this???" As always, the comments of the post are insightful, too.
The posts, and related comments on this blog should be required reading for all new patent attorneys and agents.
UPDATE 8-3-2005: I'm terribly sad to report that the beloved "Just a Patent Examiner" has retired from posting. But, you can still check out the archived posts.
Posted by Melody Wirz at 09:41 AM.
Permalink: Patent Prosecution Tips on Translations
CLIENT SERVICE
July 26, 2005
ATTENTION OKLAHOMA INVENTORS!
For Immediate Release
The annual meeting of the
The theme for the program presentation, “Focusing on Marketing” will be highlighted by a formal program to be presented by Boshears & Boshears.
Boshears & Boshears is a Tulsa, Oklahoma based firm with satellite offices in Foligno, Italy and provides cutting edge consulting services in the areas of Product, Business, Marketing, Sales and Management Development.
Members of the OIC will have a "juried" product exhibition starting at the 12:00