IP PUBLIC POLICY

March 18, 2008

why has the us supreme court been so interested in patent cases?

One answer may be business …

It may be an interesting coincidence, but I dare you to read the linked article from the NY Times about the Supreme Court and its seemingly pro-business rulings of late, and substitute the word “patent” for “business” ….

Though the current Supreme Court has a well-earned reputation for divisiveness, it has been surprisingly united in cases affecting [business] Patent interests. Of the 30 [business] Patent cases last term, 22 were decided unanimously, or with only one or two dissenting votes. 

In opinions last term, Ruth Bader Ginsburg, Stephen Breyer and David Souter each went out of his or her way to question the use of lawsuits to challenge corporate wrongdoing — a strategy championed by progressive groups like Public Citizen but routinely denounced by conservatives as “regulation by litigation.” Conrad reeled off some of her favorite moments: “Justice Ginsburg talked about how ‘[private-securities fraud actions] Patent Litigation, if not adequately contained, can be employed abusively.’ Justice Breyer had a wonderful quote about how Congress was trying to ‘weed out unmeritorious [securities lawsuits] Patents.’ Justice Souter talked about how the threat of litigation ‘will push cost-conscious defendants to settle.’ ”

Is it just me?

Supreme Court Inc. - New York Times.

Posted by Douglas Sorocco at 10:03 PM.
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October 31, 2007

pto website finally updated

Well, it looks like the USPTO finally updated the front page “news” on their website.  I took some time off watching it to help the trick or treaters out, so I am not sure what time it officially “went live”.

So – kudos to the USPTO for taking approximately 7–8 hours to get notification up about the injunction to the patent community. 

So – patent community, 7–8 hours.  WSJ – almost instantaneous reaction.

 

Posted by Douglas Sorocco at 07:13 PM.
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IP PUBLIC POLICY

pto official communication to examining corps

Well – it appears that the USPTO has sent around a memorandum to the entire examining corps informing them of the injunction.

If you want to see the document, click here: PTO Notice.pdf (973 KB).

Fairly routine and it doesn’t convey much information… but, it is now 6:10pm Eastern Time and still no word or information to the patent community.

No email.

No website information.

No phone call.

You would think they didn’t want people to know.

Posted by Douglas Sorocco at 05:11 PM.
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2:47pm Eastern - Why no news from USPTO?

Hmmm…. As Steve, Matt and I have been noticing – it is 2:47pm Eastern time and the USPTO website still has no news relating to the injunction issued this morning.

They, of course, still have up the warning about the Nov. 1^st implementation from last week but they apparently cannot update the website with the news that they lost and the rules will not go into effect tomorrow.

What ever are they waiting for?

Update: 4:47pm Eastern – Still no word.

It is coming up on the close of the business day at the USPTO and there is still no word on the front page of the USPTO’s website allerting patentees that the Nov. 1^st implementation of the rules has been enjoined.

No email.

No website.

No phone call.

As the administrator of the entire patent system in the U.S., don’t they have an obligation (actual or implied) to notify their stakeholders about the injunction?

As Matt said, they had time to speak with the WSJ – why don’t they have the time to speak to their stakeholders?

Posted by Douglas Sorocco at 01:51 PM.
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patent continuation rules - ding dong the witch is dead ... for now

 

Yes, the chorus of cheers has risen up in the patent community – the dreaded Nov. 1st implementation of the continuation rules has been enjoined. 

The order should be up this afternoon and we will update this post with a copy and analysis.

What a wonderful Treat this Halloween. 

PLI’s patent center has some good “live” blogging of the court hearing.

Image is of Margaret Hamilton as the Wicked Witch of the West in "The Wizard of Oz," distributed by Warner Bros.  Copyright Warner Bros.

Update: 5:26pm Memorandum Opinion of Court’s Injunction Released

A copy of the court’s Memorandum Opinion has been released. Download a copy for your reading pleasure. File Attachment: Court Order.pdf (135 KB)

Posted by Douglas Sorocco at 11:59 AM.
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IP PUBLIC POLICY

October 28, 2007

Promoting progress - what are we doing?

Matt raises some interesting questions on all the patent reform/rules nonsense going on these days out East.  Worth a read and some thought about what “we” are bringing about in our patent system here in the U.S.

Our patent system has two primary purposes -

1. To encourage disclosure of inventions, and

2. To encourage development of new ideas by fostering design around efforts

Seems to me our great, world-leading patent system is now failing to achieve these purposes in at least two regards...with a third complication on the horizon…

Promote the Progress® ::: J. Matthew Buchanan's Patent Blog.

Posted by Douglas Sorocco at 10:03 AM.
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IP PUBLIC POLICY

September 26, 2007

New Blog to Check Out: Financial Aspects of Intellectual Property

One of my new favorite blogs is the Financial Aspects of Intellectual Property blog by the folks at the Innovation Asset Group.

According to their “about” page:

Innovation Asset is a leading provider of software for intellectual property (IP) and contracts management. Founded in 2002, we set out to design fresh solutions to the challenges today’s companies face in managing their intangible assets. We’ve quickly gained a national reputation for our flagship product, Decipher™.

So far, their blog has really been a fun and informative read – dealing with meta trends in intellectual property acquisition and valuation.  As a sample to whet your appetite:

We are seeing an evolution – perhaps revolution. Not just in terms of the recognition of IP as the fundamentally core asset for businesses today; but also in terms of the way in which that IP is managed (I think “where” remains the same).

Initially, IP is managed out of the legal department. In a non-strategic mindset, IP management equates to docketing in some of these companies.

As companies embrace the strategic importance of IP and understand the need to move beyond simply docketing, there is an evolution of the role of the legal department. Much the way IT departments in corporate America evolved from a cost center and service provider to a strategic enabler of the business in the past couple of decades, legal departments are making a similar evolution today.

If you picture a pyramid similar to Maslow’s hierarchy of needs, and similar to the one described in “Edison in the Boardroom,” the bottom of the pyramid represents the least sophisticated IP companies, and the top of the pyramid the most sophisticated.

Well worth a read for anyone interested in intellectual property and what I would consider a “must read” for those within corporate intellectual property departments who must identify, protect and communicate the importance of intellectual property assets.

Sorry for the disruption in the middle of all the “Rules Mess” – we now return you to your regularly scheduled programming.

Posted by Douglas Sorocco at 07:41 PM.
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September 25, 2007

round 2 - continuation and claim rule review - part deux

As the dust settles on the patent frontier, I bet every patent attorney/inventor/corporate counsel/law student is sitting at their desk reading and re-reading the USPTO rules.  Lucky for you, this week we are providing the key highlights via PHOSITA.  Today’s topic….claims and the dreaded Examination Support Document (ESD).

Claims

We heard the rumors out of the USPTO that patent applications would be limited to ten claims.  The good news – the USPTO did not stick with the 10 claim rule.  The bad news – you are now limited to 5 independent claims and 25 total claims (5I/25T) per patent application without an ESD.  If you happen to file a patent application exceeding the 5I/25T rule without submitting an ESD, the USPTO will send you a nice little notice requesting you either amend the claims for compliance or submit the ESD within 2 months. 

These new rules give you a couple of options in claim drafting.  The easiest solution is to not exceed the 5I/25T rule when you file your application.  Boring.

For the brave at heart, you can jack up the number of claims that you file, exceed the 5I/25T rule, and then submit a suggested restriction requirement (assuming you can) selecting without traverse 5 independent claims and 25 total claims.   Withdrawn claims are not counted in your 5I/25T.  Hopefully the Examiner agrees with your suggested restriction requirement or you may have a little problem getting a refund on the claims you withdraw/cancel.  (Watch out for the section on refunds due to cancellation of claims – Section 1.117). 

For the loonies out there, go ahead and exceed the 5I/25T rule without a suggested restriction requirement, but be prepared for the monster - the dreaded ESD.

The Dreaded Examination Support Document

Starting November 1st, the ESD rule applies to applications exceeding 5I/25T that have yet to receive the first Office Action.  An ESD includes the following:

• a statement that a preexamination search was conducted;
• a listing of the references deemed most closely related to the claims;
• identification of all of the limitations of each of the claims that are disclosed by each reference (OUCH) (Note – there is a small entity exception to this Rule – see Comments);
• a detailed explanation particularly pointing out how each of the independent claims is patentable over the cited references (DOUBLE OUCH); and,
• a showing of where each limitation finds support in the written description of the specification (TRIPLE OUCH).

My guess is that the ESD is probably not on the top ten list of things a patent attorney would like to file.

Posted by Laura C. Wood at 12:24 PM.
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IP PUBLIC POLICY

August 24, 2007

Labor unions join patent reform fight

This news report surprised me as I had never given much thought to the impact patent reform might have on the types of interests represented by Labor Unions.  But it makes sense.

The U.S. patent system provides a barrier to entry for “knock offs” of successful technologies and, as stated below, a large percentage of patents are issued for inventions covering improvements to manufactured goods.  Items that are highly susceptible to production offshore and imported into the U.S. 

According to the AFL-CIO:

But the AFL-CIO letter alluded to recent efforts of the U.S. government and the U.S. tech industry to prod China to strengthen its intellectual property protections. These two changes "may have a negative impact on innovation and research," the AFL-CIO letter said.

"At a time when the Chinese government is constantly being challenged to live up to its intellectual property obligations, we do not want to take actions that may weaken ours." The United Steelworkers letter said nearly 70 percent of patents filed in the U.S. come from manufacturing firms. "These bills would allow an endless loop of legal challenges after patents are awarded that will make it more difficult for U.S. patent holders to prevail against frivolous challenges," the letter said.

Patent reform is truly making some odd bedfellows these days.

Via Labor unions join patent reform fight - addict3d.org.

Posted by Douglas Sorocco at 07:29 PM.
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IP PUBLIC POLICY

August 09, 2007

Tell the USPTO what you think.

Although we have all seen how important the USPTO believes our comments to be on substantive issues, they have asked me to post this so readers of PHOSITA can weigh in.

Complex Work Units Pilot at the USPTO

The United States Patent and Trademark Office (USPTO) is seeking participants for a Complex Work Units (CWUs) Pilot Program scheduled for late 2007.  CWUs are chemical structure drawings, mathematical formulae, protein crystal data, and table data, which often add significant complexity and cost to the examination and publication of patent applications in which they are contained.  

The CWU Pilot Program will be conducted in an effort to:

• Investigate filing practice options for CWUs
• Gather information about existing CWU formats and their use in the Intellectual Property community
• Evaluate rule changes to allow applicants to submit CWU files
• Determine other acceptable file types

The pilot will allow applicants to submit original source files for CWUs through EFS-Web or on a CD, supplementing the traditionally-filed application parts.  The CWU source file submissions will not be considered when calculating the application size fee, which will reduce the cost of filing for pilot participants.

The USPTO is requesting participants in an effort to gather more information about CWUs from the intellectual property community.  If you have any questions or would like to participate in CWU Pilot activities, please send an e-mail to cwupilotsupport@uspto.gov today!

Posted by Douglas Sorocco at 09:41 AM.
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August 05, 2007

Herring and Patents - And no, I don't mean fish.

The other day I mentioned a chart from the Economist outlining the largest patent granting countries – with Japan coming out on top.

The Intellectual Asset Management Magazine also picked up on the online chart and added some additional thoughts to the debate concerning software patents.  They posit that it is the certainty of the legal protections afforded rather than the existence of protection for information technology that ensures a competitive industry.  In other words, patent protection for software is a debate that has little, if anything, to do with maintaining open and competitive IT industries.

Some food for thought…

Is the software patent debate a red herring?

That said, the EIU sees the legal infrastructure in a country as being much less important than other factors, such as IT infrastructure, human capital, R&D environment and support for IT industry development. Of course, it could be that all of these are actually affected by the IP infrastructure of a country (in other words, for example, maybe a company is more likely to invest in R&D or to attract funding for R&D, if the right IP protection is available); but it could also well be that, if the EIU is right, the vitriolic nature of the debate around software patents is actually little more than hot air because, in the end, as long as there is legal certainty – of whatever kind – other factors are far more important in ensuring strong competition in the IT industry. (Emphasis added)

 

Posted by Douglas Sorocco at 09:15 PM.
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IP PUBLIC POLICY

July 29, 2007

Patent Reform - Getting Ready for the August Recess

Patent reform is the buzzword around the patent world right now and, for once, the news is not limited to geeks, wonks and inventors.  The mass media appears to have gotten the "patent reform" bug as well - although, it appears that the "fixing the ridiculous" meme is taking hold. 

For example:

Congress tackles patent-law reform -- via the baltimoresun.com

WASHINGTON - Crustless peanut-butter-and-jelly sandwiches, a way to move sideways on a swing, a technique for exercising cats using a laser pointer - these are among the inventions patented in the United States over the years.

Now Congress is trying to cut down on poor-quality or downright ridiculous patents, and at the same time adapt the patent system to a high-tech era in which computers and other electronic devices might contain thousands of patentable parts.

We will be exploring all things patent reform here at Phosita during the month of August, so send us your stories, frustrations and rumors.  Of course, we will not reveal your name, slant or employer - so, send it to:  douglas.sorocco+reformtip@gmail.com

See you in August!

Posted by Douglas Sorocco at 09:12 PM.
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IP PUBLIC POLICY

July 20, 2007

say it aint so - incompetence at the USPTO?

Morningstar reports that four individuals have sued Secretary of Commerce Carlos M. Gutierrez for appointing an allegedly unqualified Deputy Director of the USPTO, Margaret Peterlin.  But really, incompetence in government, where’s the beef?

Well, as amended in 1999, 35 U.S.C. § 3(b)(1) requires that the Deputy Director be a citizen of the U.S. “who has a professional background and experience in patent or trademark law.”

According to her executive biography, Ms. Peterlin was Counsel for Legal Policy and National Security Advisor for the Speaker of the House, J. Dennis Hastert, . . . where she advised the Speaker, House and Senate leadership, and senior staff on legislative policy and strategy, including judiciary issues such as IP protection . . . .”  Prior to that,  Ms. Peterlin was General Counsel to Richard Armey, Majority Leader of the House; clerked on the Fifth Circuit Court of Appeals; and served as a Naval Officer in the communications field.  Ms. Peterlin also earned her legal degree sum laude from the University of Chicago.

No doubt an impressive resume, but is it really “a professional background and experience” in patent or trademark law?  Many patent and trademark practitioners would probably be insulted by the suggestion.  In fact, the complaint filed Monday alleges that Ms. Peterlin is not, and could not become, registered to practice before the USPTO; has never drafted or prosecuted a patent or trademark application; and, overall, has never had direct exposure to patent or trademark practice.  And so, these four plaintiffs have asked the D.C. District Court to declare Peterlin’s appointment illegal and order appointment of a qualified alternative.

Morningstar quoted the USPTO as responding, in an emailed statement, “Margaret Peterlin is well qualified for her job as Deputy Under Secretary and Deputy Director, having had direct involvement in oversight of the USPTO and every piece of patent, trademark, and copyright-related legislation considered on the House floor over the past five years . . . .”  Well there you have it, the USPTO, of which Peterlin is second in command, says Peterlin is qualified.

On a side note, the suit alleges Peterlin’s appointment “perpetuates USPTO management’s inability to handle egregious delays” in processing applications.  Suing the Secretary of Commerce does seem like an innovative way of attempting to fast-track their applications.  No word yet on whether the plaintiffs plan to file a patent application for a business method of expediting patent prosecution by suing USPTO personnel.

Posted by Eagle H. Robinson at 10:44 AM.
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May 30, 2007

don't tell anyone, it is a secret

Via IAM Blog (worth adding to the aggregator for IP types):

Speaking today at the second plenary session of the CIP Forum in Gothenburg, Sweden, Randall Rader, a judge who sits on the CAFC in Washington DC, revealed that he believed the recent KSR v Teleflex decision handed down by the Supreme Court would not lead to “great changes” in the way the Federal Circuit looks at obviousness. In fact, he told delegates that the judgment in the first CAFC decision on obviousness post-KSR had actually been written before the Supreme Court’s decision was handed down and “did not require one iota of change”. Make of that what you will.

KSR is going to prove more and more interesting as time goes on.  As a very vaunted commentator recently said, "All the patent practitioners went "Huh?" when the KSR decision was released."

Huh, indeed!

Posted by Douglas Sorocco at 07:40 PM.
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IP PUBLIC POLICY

February 15, 2007

New FedCirc.us Search Tool Released

The master plan for the FedCirc.us site includes several web features designed to deliver patent caselaw information in a more effective manner.  The first - the GimmeTen! feature - has quickly become the most popular page on the site...and for good reason.  Not familiar with it?  Simply bookmark http://10.fedcirc.us and visit regularly.  That page always provides concise summaries of the ten most recently posted case reviews.  We're confident you'll quickly be hooked.

Today we announce the second feature in our bag of tricks - the travelling FedCirc.us search engine.  By following the steps below, you'll be able to search the FedCirc.us site from anywhere on the web.

The best part is the simplicity -- 5 easy steps (4 for most people).  Five minutes tops.

1.  Make sure you're using either Internet Explorer 7 or Firefox 2.0 as your browser.  If you're not, download the latest IE here or Firefox here (both are free).  For the record, FedCirc.us is optimized for Firefox.

2.  Start your browser.

3.  Visit FedCirc.us.

4.  Pull down the drop-down search box in the upper right hand corner and select "Add FedCirc.us" (in Firefox) or select "FedCirc.us" with the gold star next to it (in IE, see image at right).

5.  Surf the web.  Whenever you want to search the site, simply enter a search string in the box in the right hand corner, pull down the list, select FedCirc.us, and hit return.  You can do this from any page on the web...and you'll immediately be transported to a listing of search results from the site.

I've quickly gotten used to searching by party name or full case name as I'm reading on the web.  This little trick has changed my surfing habits for the better...it's a wonderfully efficient way to find information quickly.  We hope you find it useful as well.

As always, if you have any comments or suggestions, please let us know.  You can e-mail Matt directly at jmb @ rtipllc.com.

Enjoy!

Posted by Douglas Sorocco at 05:24 PM.
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IP PUBLIC POLICY

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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IP PUBLIC POLICY

February 11, 2007

Patent Rights Do Not Hinder Research

A report on a survey conducted by the American Association for the Advancement of Science details how international intellectual property rights are affecting scientists' ability to conduct research.  AAAS_IP_Survey_Report.pdf (477 KB)

According to the report, patents do not hinder research: 32% of the 2,117 U.S. respondents had acquired rights to use a patented technology, method, or material and of this group, only 32% reported having had difficulty accessing the technology. 

See also AAAS’ slides from its 2006 IP Workshop.

 

Posted by Douglas Sorocco at 03:35 PM.
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January 31, 2007

The Resolution(tm) -- a new Fedcirc.us Product

FedCirc.us (Matt/Steve/and I) announced earlier today the availability of a free preview issue of The Resolution, the inaugural issue of our quarterly magazine, The FedCirc.us Reader.  Download the .pdf here.

According to Matt:

The Resolution will give you a sneak-peak at the features of the magazine.  It's jam-packed with all sorts of patent-caselaw goodness, including a 'Trend Spotting' article, a featured case review, prosecution- and litigation-focused digests, chronological and alphabetical listings of cases from last quarter (including summaries), and a fun "Quotables" section that includes some of our favorite quotes from cases issued during last quarter.

For this issue, we've even included a brief note about the story behind the FedCirc.us name and domain.

We think you'll agree that the magazine is an exciting and effective new tool for staying current on patent caselaw developments.

Of course, the free preview issue includes subscription details for the magazine.  The site will be ready to accept subscription payments starting tomorrow.

Please download our first copy and let us know what you think.

Posted by Douglas Sorocco at 10:20 AM.
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IP PUBLIC POLICY

December 13, 2006

2007 Corporate Patent Congress Conference

One of the greatest benefits of blogging the last couple of years has been the ability to speak at different conferences and CLE programs.  Both Matt and I have greatly enjoyed our experiences and travels this past year and look forward to meeting many more of our readers and colleagues in 2007. 

Our first stop in 2007 is the American Conference Institute’s Corporate Patent Congress 2007 (link to program).  It will be held January 22–23, 2007 at the New York Marriott East Side Hotel in New York City. 

I must confess that I am really looking forward to participating in this conference.  All of the speakers are incredible and I think that the topics are quite timely and engaging.  Matt and I will be speaking on a panel along with Stephen R. Albainy-Jenei of the Patent Baristas Blog (a PHOSITA favorite) on “Maximizing Your Corporate Patent Portfolio and Harnessing Its Value in Changing Times”. 

The topics we will be covering include:

• Utilizing aggressive offensive and counter-defensive measures to generate a steady revenue stream from your IP portfolios
• cross-industry considerations
• Increasing corporate prowess and maintaining your competitive edge in the market through strategic patent acquisition
• Incorporating patent portfolio management into your business planning and valuation strategies
• pharma/life sciences v. tech

For a full list of all of the conference sessions, download the attached conference flyer (PDF 206kb).  As a special bonus for PHOSITA readers, mention discount code 662L07.SBLG and you will receive $200 off of the registration fee.

We look forward to seeing everyone in New York City in January!  Let’s us know if you are coming and we can set up a time to meet over a beverage or two of your choice – Matt will be buying, of course!

 

Posted by Douglas Sorocco at 10:49 AM.
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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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October 17, 2006

Continuation Rule Implementation May be Delayed til 2007

As many readers know, the U.S. PTO has been pounding its chest over the past year with threats of implementing a draconian and, as believed by many, unconstitutional rule limiting the availability of continuation applications.  Matt has a couple of great posts on the subject of the ‘continuation rule’ over at Promote the Progress.

According to a news blast from Hal Wegner this morning, a reliable source has informed him that the implementation of the rule may be delayed into 2007 and possibly killed altogether. 

Specifically, according to Hal:

An always previously reliable PTO official has stated that the dreaded, notorious "continuation rules" package is hung up within the PTO with uncertain implementation. Per this official, the continuation rules, if implemented, will be significantly delayed well into calendar year 2007.

The information has been provided by Leon Radomsky, Chair of the AIPLA Chemical Practice Committee, in his notice of the meeting later this week in Washington, D.C. The relevant information on the continuation rules has been highlighted in red.

Rob Clarke noted at the beginning of the meeting that the proposed rule changes regarding Continuations and Representative Claims are still being considered, that more comments were filed in response to these rules than ever before, and that if they do decide to go forward with the rule changes, they have to be submitted through a special rulemaking procedure because they are substantive rule changes.  That internal administrative review will take at least 90 days, and the result may be a refusal to allow the rules to go forward.  And after that, it will be at least another 30 days before the rules become final.  Rob Clarke did state that he expects the IDS rules to come out before the continuation and representative claims rules.

If any reader has any additional information – please post in the comments or send to me via an email —– your anonymity will be safe with us.

Posted by Douglas Sorocco at 09:01 AM.
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IP PUBLIC POLICY

October 05, 2006

Oyez! Oyez! Oyez!

We’ve done it again! Yes, that’s right, we’ve discovered yet another way to cure your boredom blues. But seriously, this is actually interesting stuff. When you get a chance, check out www.oyez.com. Oyez® provides access to over 2,000 hours of Supreme Court audio, biographical information about the justices, and a virtual tour of portions of the Supreme Court building including the judges chambers.

I first learned of Oyez® in my constitutional law class when my professor played audio clips of oral arguments from several first amendment cases. In addition to first amendment cases, Oyez® offers a variety of other cases including several noted patent, trademark, and copyright cases.

If you are curious where the term Oyez comes from or want to know other facts about Oyez®, you can check it out here. F.Y.I., the phrase “Oyez! Oyez! Oyez!” (AKA “Here ye! Here ye!”) is used by a court marshal to introduce the opening of the court.

Posted by Emily E. Campbell at 04:25 PM.
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IP PUBLIC POLICY

August 01, 2006

Generation Pirate

The Pirate Party is a political party that originated in Sweden…but this isn’t your parent’s political party.  It’s sole purpose is to reform intellectual property laws and it’s birth is where the real story begins.  It seems the name Pirate Party is a derivative off of the website The Pirate Bay, a peer-to-peer file sharing site comparable to old school Napster.  The Pirate Bay was doing the Napster dance in Sweden trying to outwit and outsmart the legal system when the United States stepped in and supposedly threatened a WTO blacklisting if Sweden didn’t take care of things.  Enter the Pirate Party, a political organization gaining ground throughout the world and slowly pulling a generation of kids away from their video games.  Usually it’s difficult to catch the attention of kids, especially long enough to start a political movement, but I guess it gets easier when you start to take away their toys. 

Forget Generation X, Y, or whatever they are calling this generation of kids and welcome Generation Pirate.  Generation Pirate is being raised in a climate not of free-love but of free-ware, where everything is at their fingertips and inside the privacy of their homes.  Pirate a song, and there is no remorse.  Copy the song for a friend, and you’re just spreading creativity.  The Music Industry may try “Plan A” and stop kids for now, but eventually Generation Pirate is going to grow up into registered adult voters, and it looks like the Pirate Party is just the first crop.  So what’s Plan B?

 

Posted by Laura Wood at 11:04 AM.
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IP PUBLIC POLICY

June 12, 2006

patent reform lecture - j. matthew buchanan

A couple of weeks ago, the IP Section of the Oklahoma Bar Association conducted its annual CLE seminar at Tanglewood Resort on Lake Texoma.  My partner, Nick Rouse, was in charge of the weekend and did a phenomenal job.

The lecturers were top notch and although I am a bit biased, I would have to say that Matt Buchanan was one of the two best speakers over the course of the weekend.  Matt blogs about patent reform issues and patent legislation over at Promote the Progress.

Matt spoke on the recent patent reform efforts underway in the United States and the impact any such reform may have on practitioners and patentees. 

Considering the timeliness and importance of Matt’s talk, I recorded the lecture and DCR is presenting it here for your review and comment. 

The video stream can be viewed below (or you can grab it at Google Video as a stream, as a download or as a video iPod download).  The PowerPoint slides are available for download as a PDF file (2.2MB).

Posted by Douglas Sorocco at 01:42 PM.
Permalink: patent reform lecture - j. matthew buchanan

IP PUBLIC POLICY

May 14, 2006

universities as patent trolls - part 2

Well, when you are wrong – the best thing to do is to acknowledge the error and applaud the person who pointed it out to you.

Well, kudos to Lawrence Ebert at the IPBiz blog who spent some time talking about patent trolls in a recent blog post.  With respect to my error, Lawrence kindly pointed to previous comments in print that suggested that Universities should/could be considered patent trolls.

The PHOSITA blog suggested that this might be the first time universities were suggested, in print, as possible trolls: Ahh… someone finally put into print what a lot of us patent practitioners have wondered for awhile – when would someone claim that universities are patent trolls?

Not even close...

CIO in an article entitled Has the Enemy of Patent Trolls Become One? published December 5, 2005 talks to Peter Detkin:

[CIO] Some people consider a "patent troll" to be any person or business that doesn't produce a product or service, but instead makes money from licensing and patent assertion primarily. Has the definition of the term you coined, "patent troll," changed since you coined it?

[Detkin] At best, I would say it's become a little bit more refined. My concern is that the term has now been used so broadly as to mean any plaintiff you don't like. Look at the definition you just used. Under that definition the University of California is a troll, Intel's a troll—and since I was at Intel at the time, Lord knows I wasn't trying to call myself a troll. But Intel routinely asserts patents—that it bought, that it's not practicing—against others, looking for money. IBM would be a troll. Thomas Edison would be a troll.

NAPP wrote in May 2005:

To the extent that the term [troll] is used to derogate inventors who do not develop corporate structures or manufacture products, NAPP believes that inventors who merely invent but do not manufacture products – which, after all, includes most university and government researchers – do not deserve epithets or less patent protection.

Martin Lueck wrote in September 2005:

For example, Eolas and the University of California have been berated as patent trolls since their $521 million victory against Microsoft. Lueck also stated: "I don't hear anyone saying IBM is a troll — even though they have a bunch of patents and license them. To suggest that the University of California is a patent troll is absurd — they make contributions just like corporate America, and they want to protect their intellectual property."

Separately, Michael Kanellos wrote:

Moreover, Stanford University made itself into a global powerhouse in part through licensing patents to professors and students who had start-ups. Without an exclusive license of Stanford's PageRank patents, Google wouldn't be the behemoth it is today. Though the PageRank technology was invented by Google founders Sergey Brin and Larry Page, they were Stanford students at the time, and the university owns the patents.

Posted by Douglas Sorocco at 10:01 AM.
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IP PUBLIC POLICY

May 11, 2006

Abe Lincoln was a Patent Troll?

I guess he could be – he didn’t commercially exploit his patented technology, afterall.

That “patent troll” definitional thing is a bit tricky when you actually think about it.

But who is and who isn't exploiting the system is a grey area. Abe Lincoln obtained a patent, noted Brian Halla, CEO of National Semiconductor. He got it for inventing an inflatable pontoon that helped boats get past sandbars and other obstacles on canals. It's patent number 6469--see reference here.

via Abe Lincoln: patent troll? | News.blog | CNET News.com.

Posted by Douglas Sorocco at 09:11 PM.
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IP PUBLIC POLICY

May 07, 2006

universities as patent trolls?

Ahh… someone finally put into print what a lot of us patent practitioners have wondered for awhile – when would someone claim that universities are patent trolls?

The managing director of the Wisconsin Alumni Research Foundation – i.e., WARF – does a nice job battling the inference, but still – it does seem to be a narrow line one must walk to avoid the obvious connection.

Carl Gulbrandsen, managing director of WARF, takes it a step further. Patent trolls "don't exist. Trolls are imaginary creatures," Gulbrandsen said. "I think the whole issue is overblown."

WARF, a middleman organization that owns patents on discoveries made at the UW and licenses them, could be considered a patent troll under some definitions, he said.

"Patents are a piece of property. To say that it's wrong that a company acquires property and then expects to be paid for use of that property, I think, is a pretty simplistic approach," Gulbrandsen said.

Once again, those who seek to define the phrase “patent troll” better use carefully crafted language – the company/institution/individual/innovator you love today, just might be the patent troll of tomorrow.

Posted by Douglas Sorocco at 05:00 PM.
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IP PUBLIC POLICY

April 18, 2006

Trying to Burst the bubble - Just another troll?

So last week we asked ya'll to give us your best shot at a litmus-test definition for the term "patent troll."  It's an understatement to say that the response was somewhat underwhelming.  We received a grand total of......zero definitions.

We've decided to take that as an indication of the difficulty associated with defining the term and not a statement about the readership of the blog (which, for the record, is reaching all time highs right now).

We do believe that the issue is important enough for a follow-up, though.  How about a real life example?

Check this out - Burst.com recently filed a patent infringement suit against Apple Computer.  The patents at issue relate to technology that speed the delivery of data, including audio and video files, over a network.

We've got a question for you.  A simple one.  Is Burst.com a patent troll?

Wait...don't answer.  Consider a few facts first:

The company has two (count 'em, 2) employees and a portfolio of ten (count 'em, 10) U.S. patents.  It routinely asks companies to license its patents, and sues them if they don't.  It focuses on software and high-technology companies for some reason (must have something to do with the fact that the technology relates to that area).  Just last year, it successfully settled a dispute with Microsoft for a reported $60 million.

Hmmm...smacks of a patent troll by most definitions, right?

Consider this description from the company's web site:

The company focuses exclusively on licensing activities and strategic relationships.

(emphasis is ours)

Are you serious?  An exclusive focus on licensing and strategic relationships?  Does that mean they don't actually produce anything?  (based on the web site, it's hard to tell if any "products" are available from the company at this time)

Surely there must be a bridge running over the Burst.com headquarters in Santa Rosa.

But, don't answer the question yet...Here's a few more facts:

According to a recent article in BusinessWeek, the Microsoft settlement reportedly earned the lawyers a fee of about $20 million.  That lawsuit was apparently financed by "an investor."  Oh, and the company openly states that its goal in the Apple lawsuit is to seek a chunk of the growing revenues for online music distribution. 

A troll for sure, right?  These guys are Pure Evil.  Damn trolls.

Humor me, though.  Don't answer yet.  As Lee Corso would say, "not so fast, my friend."

Here are a few more facts that you should consider:

The founder of Bust.com is recognized by many as a true visionary in computer network technology.  He's an inventor.  His technology apparently wowed the crowd at the Consumer Electronics Show in 1991.  He had invented improved methods for transmitting data over computer networks long before large video and audio files were of concern to the masses.  The company was once viewed as a real tech startup success story, and had even grown to include 110 employees in the late 1990's.

But when Microsoft upgraded its Media Player software, Burst's product, Burstware, stopped working.  Strange.  Payroll shrank immediately from 110 to 4.

Ok...now give us your answer (or keep it to yourself, we don't care...just try to answer the question).  Is Burst.com a patent troll?

Or is it just an angry innovator seeking to protect its property?

Do you see the challenge?

 

 

Posted by J. Matthew Buchanan at 10:40 AM.
Permalink: Trying to Burst the bubble - Just another troll?
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IP PUBLIC POLICY

April 14, 2006

What the heck is a patent troll?

What is a patent troll?

Everyone in the patent community has a general idea of what makes a patent owner a troll, but I can't find a litmus test definition anywhere.  If you've got one, please put it in the comments.  I'm looking for a definition that allows me to decide if a particular patent owner is, or is not, a troll. 

Based on several popular media accounts of NTP (of BlackBerry fame) and other famous trolls, I have the following questions relating to the term:

Must a patent owner eschew commercialization of the claimed invention to qualify as a troll?

Are you a troll before you sue someone who has commercialized the claimed invention?  Or are you magically deemed a troll once you seek to enforce your patent?  Are preliminary licensing negotiations enough to earn the moniker, or must you actually file suit?

Can you be a troll on the day a patent issues only later to earn the right to shed the term, perhaps when you start commercializing the invention?

Can an inventor be a troll?  Or is there some sort of requirement that the patent owner acquired the patent from the inventor or some other previous owner?

Is it enough if that acquisition was part of an ordinary business transaction, or must it have been through some sort of "fire sale" or bankruptcy proceeding, as some have suggested?

There seems to be consensus on a threshold requirement that, to qualify as a troll, the patent owner must not have made use of the invention.  But, even that is vague.  In my mind at least, it raises more questions than answers.  What the heck does "make use of the invention" mean?  Must the invention have been commercialized?  To what extent?  Do initial commercialization activities qualify as 'commercialization', such as market testing, prototyping, and the like, or is actual shipment of product and/or provision of service required?  Could a real troll duck the term if legally advantageous by doing some quick and dirty rapid prototyping?  Market surveys?

Maybe the Supreme Court will fill the gap with its forthcoming decision in eBay v. MercExchange.  A little dicta could go a long way on this issue.  Let's just hope we don't see an "obscenity style" definition.

 

Posted by J. Matthew Buchanan at 01:07 PM.
Permalink: What the heck is a patent troll?
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IP PUBLIC POLICY

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.