May Carnival of Trust -- Addendum

Since writing my May Carnival of Trust post (click here for the post), several others have commented on Web Strategy by Jeremiah's post suggesting that people do not trust bloggers.  Of course, the real point of the studies Owyang cites is that people do not trust an unspecified blogger as much as their family or other unspecified news sources.  As I said before, that should be an expected result and it shows good judgment.  But it is easy to get caught up in the survey and miss the fact that people trust "their" bloggers -- those that they have entered a conversation with, read regularly and, therefore, have developed a trust with.  Several others have picked up on Owyang's post and the surveys, with similar comments.  I am posting them in an Addendum to avoid breaking the Carnival of Trust ten post rule (although I will update that post with a link to this one).  Here are some of the commentaries:

People put their butts on the line at least once a month asking me to speak in front of large groups. Just received invites to speak at the Texas Bar Annual Conference and to keynote at a Wisconsin Bar Association Conference. I don't know any of the people who invite me. They're reading my blog. If they didn't trust what I was writing, would I get an invite?

Law firms, from solo's to the largest in the country, call me for advise on blogging. The same firms subscribe to LexBlog's blog service. No other way those folks know me than my blogging.

And for the record, Kevin is wrong, he is pretty funny.  But he is correct in that the legal community would not keep reading his blog for the humor alone, it is for his insights coupled with his delivery.

  • Kevin also cited Bill Ives at the Fast Foward Blog who had similar comments, arguing that blogs (as opposed to MSM sources) require more work on the part of readers to determine whether they should trust the blogger and on the part of the blogger to cultivate and earn that trust -- click here for the post:

Blogs are conversations and they do put more responsibility on the reader to judge the material than say, the New York Times, with its army of fact checkers. But even the NYT gets it wrong some times and everyone has some type of bias. Blogs are also a medium. The NYT also has many of them. Do you trust a magazine article more than television? In each case, the answer would be it depends on the person. This is not say that communication channels do not have their own properties. Naturally, seeing someone on TV gives you more information than a magazine article. Blogs are usually the voice of a single person or a group of individuals and not an editorial board. However, a blogger has to build the trust of his or her audience by being consistent and transparent as the first commenter wrote above.

May Carnival of Trust

Welcome to the May 2008 Carnival of Trust.  For regular Blog readers, this will be a slight departure from the case analysis format you have come to expect.  But I promise you the trust-related links will still be valuable reading for IP litigators and IP litigants.  And in the spirit of the Carnival, I will now proceed to build your trust in me by following through on that promise.

The Carnival of Trust is a monthly, traveling review of ten of the last month's best posts related to various aspects of trust in the business world.  It is much like the weekly Blawg Reviews that I post links to and have hosted, but those generally contain far more than ten links.  My job this month was to pick those ten posts for you and provide an introduction to each post that makes you want to click through and read more. 

Do you trust me?  Jeremiah Owyang at Web Strategy by Jeremiah says you do not , unless you are related to me.  But the real point of Owyang's post and the studies he cites is that people do not trust an unspecified blogger as much as their family or other unspecified news sources.  That is not surprising and even shows good judgment.  As Anne Reed at the Deliberations blog points out, choosing blogs is about developing trust.  You find a few that you like and trust, trust developed by entering that blogger's conversation and developing confidence in that person's posts, and based on your trust in those blogs, you begin to find other quality blogs:

I learned the territory one or two blogs at a time, first coming to like and trust a few blogs (and bloggers) and then following their links and blogrolls to others. 

Both the upside and downside of blogs is that you cannot develop an audience, or a community, by simply building an attractive, user-friendly site with good search engine optimization (although if you are going to run a law blog, you should do all of those things.  People may come once for flash, but return visitors and respect within the blogging community is generated with strong, consistent content.

[UPDATE]:  After this entry was posted, there was some more law blog discussion of Owyang's post and the studies he cites.  In order to preserve the ten post limit, I have posted a May Carnival of Trust Addendum.  Check it out by clicking here for more posts related to whether bloggers are trusted.

Kevin O'Keefe of LexBlog pairs up with his able VP of Client Development Kevin McKeown to advise bloggers and their employers, specifically law bloggers but the post applies more broadly, on how they can build trust with each other by devising a thoughtful corporate blogging policy and by meeting legal ethics standards -- click here for the post.

In professional services circles, American Airlines' serial MD-80 groundings was big news.  Mark Bonkiewicz at World Class Trust argues that American Airlines, and airlines generally, have destroyed much of the public trust they built over decades of excellent service.  And he contends that they have a long road ahead to regain the trust.  But as a frequent flier who spent a lot of time during and around the MD-80 groundings on American Airlines flights, I disagree.  In my experience, American largely handled cancelled flights and frustrated passengers well.  This suggests that trust is subjective, a premise that squares with my personal experience.

Alex Meierhoefer at Leadership and Talent Development for Smart People asks:  Is Trust a matter of Perspective?  He looks at the "trust equation" and contends that trust should not be subjective, or at least is not subjective if parties in business deals, and presumably in politics as well, communicate openly.  The problem with that is assuming open communication assumes trust.  Additionally, sometimes unseen factors enter in to the other party's decision making causing them to take actions that harm trust because of a lack of information.  Perfect information and decent actors would guarantee trust, but absent perfect information trust will always be at least partially subjective.

 My engineering background does not let me walk away from an equation without some discussion.  And the Carnival of Truth's own Charlie Green provides an excellent post at his Trust Matters blog discussing a version of the trust equation and providing a self-diagnosis tool which outputs a trust quotient (like an IQ score) on a fifteen point scale.   Here is the equation the diagnostic is based upon:

 TQ=C+R+I/S

 

 


Where C is credibility, R is reliability, I is intimacy and S is Self-Orientation.  The diagnostic is interesting and the results may surprise you, they did me.  Any tool that helps you take an honest look at yourself is a powerful resource for leaders and managers.  The more honestly we can look at ourselves, the better we can care for and lead our teams.

Instead of using an equation, George Ambler at The Practice of Leadership asks What is Your Trust Rating? by looking at Robert Hurley's ten primary trust factors.  I like the equation, but the factors get to the same result.  And as leaders, it is critical to evaluate how others perceive our trustworthiness.  So, use the equation or the factors, but take the time to do it either way.

On the subject of trust-based leadership, Victoria Pynchon at the Settle It Now, Negotiation Blog has an excellent guide for maintaining your client's trust during a difficult negotiation:  How Can I Convince My Client to Lose More than Predicted and Still Maintain My Own Credibility?  The answer is complex and multi-faceted, but it boils down to the fact that you have to get the stakeholders and decision makers face-to-face, get their buy in on resolution as a goal (in addition to winning), explore all avenues of resolution, and you have to let them explore all aspects of the dispute, even those that do not matter.  The last point is a difficult one for lawyers.  As a lawyer you generally want to remain focused on the settlement inputs -- money, confidentiality provisions, sale of existing product if something about the product is being changed, etc. -- but from a trust perspective it is important that the stakeholders resolve not just those issues that go into a final agreement, but any problems or concerns they have related to the dispute or the parties to the dispute.

And on a related topic, the Patent Baristas have a great post explaining how biotech companies can get past typical stereotypes, and sometimes realities, of doing deals with university tech transfer offices by, among other things, recognizing the other side's by treating the other side with respect, and appreciating both their needs and their constraints -- in other words, developing their trust.

Ed Moed at Measuring Up looks at the importance and power of building a trusted brand for sales:  Build a trusted brand and the possibilities are endless…  He was drawn in to a new diner in his local Whole Foods simply by the power the Whole Foods brand holds for him.  As someone who grocery shops and then eats breakfast with his son at Whole Foods most Saturday mornings, I can appreciate Moed's point.  If my local Whole Foods opened a restaurant or a diner (we currently make breakfast out of items purchased from the store and eat in a small seating area at the front of the store), I would eat there at my first opportunity.  Is your brand strong enough to draw people in that way?

New Regional IP Blogs

Since my last post listing the Blog's "cousin" blogs -- regional IP blogs – another has joined the family. The Los Angeles Intellectual Property Trademark Attorney Blog, published by Milord & Associates.  Welcome to the family. Here is the revised list:

 

Australian Trademarks Law Blog*

Canadian Trademark Blog

Delaware IP Law Blog

E. D. Texas Blog

Florida IP Blog*

Georgia Patent Law Blog (N.D. Georgia)

Illinois Trial Pratice Weblog (okay, it is not IP specific, but it is regional and provides excellent content)

IP Dragon(China) 

IP Legal Lounge

Las Vegas Trademark Attorney

Los Angeles Intellectual Property Trademark Attorney Blog

Maryland Intellectual Property Law Blog*

Patent Trademark Blog(some Orange County focus) 

Seattle Trademark Lawyer Blog

Tech Law Forum Blog (N.D. Cal.)

Washington State Patent Law Blog

[UPDATE]:  I was quickly reminded that I forgot the excellent Washington State Patent Law Blog, which has been added to this post, and in that process I discovered the Georgia Patent Law Blog, also added, thanks to Mark Walter's (Washington State Patent Law Blog) blog roll.

If you know of other regional IP blogs, post a comment or send me an email and I will add them to the list.  A hat tip to Mike Atkins for pointing out the new blog at his Seattle Trademark Lawyer blog.

*These are blogs developed and hosted by LexBlog just like this Blog.

Troll Tracker Allowed to Blog

Dennis Crouch at Patently-O is reporting that Cisco has amended its employee blogging policy to require that any Cisco employee blogging about issues involving or related to Cisco identify themselves as a Cisco employee and provide a disclaimer that the opinions are those of the employee alone and not necessarily Cisco.  This is a reasonable policy.  It provides Cisco's employees the freedom to blog while protecting both Cisco and its employees.  And it prevents future occurences of the mistake Troll Tracker made (anonymously commenting on cases his employer was involved in), as I discussed in my post on anonymous blogging last week, click here for the post.

Cisco also told Crouch that Troll Tracker would be free to continue blogging, presumably as long as he follows the policy.  Hopefully, that means that Troll Tracker will return to the patent litigation conversation soon, although it is easy to believe that this experience may have soured him on blogging or changed his voice substantially.  Here is Cisco's explanation of Troll Tracker's status from Cisco's official blog, The Platform:

As an employee, Rick is free to continue his personal blog, Patent Troll Tracker, in compliance with the revised policy. Rick has many fans who appreciate the information he collects and disseminates on patent litigation trends and recognize his blog as an important voice in the on-going national dialogue on patent issues.

IP Law360 (subscription required) has a detailed article this morning outlining Troll Tracker's history, including several quotes from Ray Niro of Niro Scavone who received substantial media attention after offering a reward for Troll Tracker's identity.  Niro reportedly likened Cisco's policy to "repairing a sidewalk after someone was hurt" and said that some of Troll Tracker's statements were "hurtful, harmful and, in many cases, 100% inaccurate."  According to the article, Niro plans to depose Troll Tracker in Illinois Computer Research, LLC v. Fish & Richardson, No. 07 C 5081 (N.D. Ill.) (Pallmeyer, J.) -- click here to read more about the case in the Blog's archives.

Another note on anonymous blogging and commenting, Rob LaGatta at LexBlog addressed the Troll Tracker situation and my anonymous blogging post last week with an important point, click here for Rob's post.  Anonymous blogging and commenting is a relatively small part of legal blogging and most anonymous material is not problematic.  It is easy to get side-tracked by the occasional offensive anonymous content.  But the vast majority of legal blogs operate without problems with either unprofessional or anonymous content.

Anonymous Bloggers Carry on Tradition of the Federalist Papers

There has been a lot of coverage of Troll Tracker's recently disclosed identity.* Troll Tracker ended his anonymity a few weeks ago and now faces a libel law suit along with his employer, Cisco, based upon statements he made about a case involving Cisco -- this is one of the many reasons I do not write about cases that my firm or I are involved in.

I did not intend to weigh in on this story because there was not much to add (see below for links to some of the best coverage). But then I read Joe Hosteny's March 2008 IP Today article – click here for the article -- about anonymous blogging and anonymous commenting. Hosteny is a partner in the Niro Scavone firm, a firm that was often a focus of Troll Tracker's posts. I have not always seen eye to eye with Hosteny in the courtroom, but I found his article both very good and thought provoking.

Hosteny raises real concerns about how the anger surrounding the non-practicing entity dispute has gotten out of hand. Death threats over patent litigation (even assuming they are idle threats) cannot be tolerated. These threats make me question whether the patent litigation bar is maintaining the levels of civility and sanity required by our professional standards.

Violent threats and, more broadly, incivility have no more place in the realm of legal blogs than in the legal system. But it does not follow that anonymous blogging and commenting are inherently bad – the issue is more complex than that. Lots of electrons have been spilled over the pros and cons of anonymous blogging – blog guru Kevin O'Keefe is no fan of anonymous blogging, whereas the anonymous editor of Blawg Review provides a great service to both the legal and the blogging communities with the weekly Blawg Review, despite his anonymity.

Anonymous blogging is not the problem. The problem is with anonymous bloggers who believe that anonymity allows them to comment on cases involving themselves or their clients , or to post threatening comments (Troll Tracker, of course, never posted any threats that I am aware of). If Troll Tracker had not blogged about his client's case and if he had stuck to the verifiable facts, he likely would not have gotten sued.

Similarly, anonymous commenting is not the problem if legal bloggers, including Troll Tracker, monitored and approved comments before** they went live, the death threats against Niro never would have been published. I moderate the comments to this Blog and, as a result, angry rants against a judge or an attorney (none have been violent) do not make it on the Blog. And that anonymity may have provided the writer with false courage. But I prevent that, and so can any blogger, by acting as a gatekeeper.

Hosteny argued that anonymity is cowardly and not in the tradition of the First Amendment because the Declaration of Independence was signed by the Continental Congress. But he leaves out that the Federalist Papers were signed with aliases. Anonymity can be useful in that it can provide courage to voice ideas that otherwise might not be interjected into public discourse. For that reason, I think there is a place for anonymous blogging and commenting, as long as anonymous bloggers do not use anonymity as an excuse to avoid the rules of our profession and of common sense.

As promised above, for more coverage of Troll Tracker and the defamation suit, see:

E.D. Texas Blog

IP Law360 (subscription required, but a very thorough history)

Patently O -- discussing a related federal suit filed in the District of Arkansas, including a link to the complaint.

Prior Art Blog -- detailing the history of the suit and here and here on other aspects of the story as well.

WSJ Law Blog

[Update]:  Blawg Review #151 at Lex Ferenda was just updated discussing this post.

* There are no Troll Tracker links because the site is currently either down or subscriber only.

**  Troll Tracker did remove violent and offensive comments, but only after they were posted and he became aware of them.


Unique Perspectives on Juries & Trials

I have run across a couple of items that fall outside of the Blog's Northern District IP focus, but that are useful for all of us focused on resolving IP disputes in the courts:

  • An Idaho Business Review* article about a patent trial between Rambus and Micron reminded me of the importance of viewing trial proceedings through the eyes of the jury.   The reporter explained that after a week and a half of proceedings, much of them under seal, the Court has issued an order requiring that the jury be provided daily refreshments paid for by the United States.  That was the extent of what the reporter knew about the proceedings.  Of course, the Court likely decided numerous complex issues during the week and a half, but all the reporter, and likely the jury, saw was mysterious and sometimes frustrating delay.  Lawyers often forget how juries see repeated sidebars and morning or mid-day motion hearings.  Do your best to fill in or at least explain the gaps and delays for your jury, otherwise they will do it themselves. 
  • Patent Troll Tracker identified this blog by E.D. Texas patent defendant Desire2Learn chronicling its ongoing patent infringement trial.  This is dangerous territory for a litigant, but it could be a fascinating look at the trial process from the corporate litigant's vantage point.

*  Why do I read the Idaho Business Review?  I don't.  I found the article through the wonders of RSS feeds and content searches.  Thank you Kevin O'Keefe and LexBlog for teaching me the power of RSS.

Will eBay v. MercExchange Lead to Compulsory Licensing?

In a recent post on the University of Houston Law Center Faculty Blog (another LexBlog site), Ray Nimmer asks whether the Supreme Court's recent eBay v. MercExchange permanent injunction decision will lead to compulsory licensing.  Nimmer discusses two alternatives when a permanent injunction is not granted after a patent infringement finding:

One response is simply to assess damages as to past infringement, leaving any future use of the patent for a voluntary agreement of the parties (a license) or a subsequent infringement suit for the subsequent infringements. That is clearly the preferable option, although it does raise limited issues of judicial economy.

A second alternative is to permit subsequent use by the defendant subject to the payment of a reasonable royalty imposed by the court. This is a form of compulsory licensing that rewards the wrongdoer, unless the remedy has been requested by the patent owner. Nevertheless, a panel of the Federal Circuit indicated that such a remedy may be appropriate. One wonders why.

Nimmer concludes that courts should not impose compulsory licensing for future infringement absent substantial public policy reasons:

The preconditions should be both an opportunity to negotiate a license and, failing a bargain, a request by both parties for the court to impose a royalty as part of the remedy for infringement. A patent creates a right to exclude and, where the patent owner prefers to exercise that right, it should not be forced into a licensing arrangement resulting from a case in which it prevailed on the infringement claim. There may be some cases in which vital public policy interests justify this result, but those cannot be grounded simply in the fact that the court denied a permanent injunction or the parties have not agreed to license terms. A remedy should not penalize the person to whom the remedy is awarded. 

Happy Anniversary Electronic Data Discovery Rules!

Tomorrow is the first anniversary of the “new” electronic data discovery (“EDD”) rules.* In fact, the EDD rules were not new, they were intended to be a codification of the basic rules already in use by the various district courts. Despite that, a study conducted by LexisNexis at the October Association of Corporate Counsel 2007 Annual Meeting in Chicago found that corporate counsel continue to struggle with implementation of the rules and confusion about what the EDD rules required. For example, 70% of respondents believed that electronic files had to be produced in their native formats. In fact, you simply must work with opposing counsel to decide what format to produce the files in, either their native formats or some chosen standard format. This confusion should not have surprised anyone. Even in IP circles, lawyers rarely fully understand a company’s IT infrastructure and the IT people rarely understand the legal process. This disconnect can be very dangerous when it comes to meeting EDD obligations.

If your company is still struggling with the EDD rules or, worse, avoiding them completely, you can solve your problems with some relatively simple actions. First, take a breath, open your copy of the Federal Rules and read them thoughtfully and then set up a meeting with the head of your company’s IT infrastructure, the head of your company’s legal department or litigation staff and an outside counsel with EDD experience. Working together, come up with a general plan for gathering and preserving the appropriate information as cases arise. Pay special attention to how your plan fits with the company’s overall data retention policies (yes, your company should have data retention policies and the policy should be followed carefully) and how to suspend any periodic or automatic data removal when a litigation hold needs to be instituted. Once you have a plan, meet periodically to update it and to ensure that it is being followed. If you are prepared for EDD, it is an excellent litigation tool. If you are not, it is a potential disaster.

For more on EDD, check out these blogs:

Alextronic Discovery

Dennis Kennedy

EDD Update

E-Discovery Team

E-discovery 2.0

Electronic Discovery Blog

Electronic Discovery Law (another LexBlog blog)

Ride the Lightning

Sound Evidence

Hat tip to the EDD Blog Online via Legal Blog Watch for identifying the LexisNexis survey..

* Tomorrow is also the date that the next set of changes to the Federal Rules becomes effective. Fortunately, these changes are largely focused on making the rules more readable instead of adding or changing obligations. But once you are prepared for the EDD rules, you should still turn back to your copy of the Federal Rules and read through the revisions.  Look for a blog post next week highlighting some of the substantive changes.

Blawg Review #133

Last week the intellectual property world obsessed over injunctions – specifically, a preliminary injunction hearing in the Eastern District of Virginia resulting in an injunction against the U.S. Patent & Trademark Office’s (“PTO”) new continuation rules. There was a lot of analysis about the injunction, including live blogging by Patent Practice Center Patent Blog and a lot of post-injunction analysis by, among others: 271 Patent Blog; FileWrapper; Patent Baristas; Patent Docs (and here); Patent Prospector; PHOSITA; Patently-O; WSJ Law Blog; and Washington State Patent Law Blog. For those of you who have no idea what a continuation is or just do not care about the particulars of the rules, I promise that I am done with patent continuations for this post. Honestly, I find the rules rather tedious myself. I prefer to focus on litigating patents, rather than the PTO’s prosecution rules. So, today we talk about injunctions:

According to TechCrunch, Patent Monkey received a permanent injunction when it was sold to the Internet Real Estate Group. But Patent Monkey’s patent search technology will see its injunction lifted when it is used on www.patents.com. Hopefully, for those like me who enjoyed it, Patent Monkey’s Infinite Monkey Theorem Blog will also see its injunction lifted.

Virtually Blind has an interesting report on Second Life’s* new Patent & Trademark Office, the SLPTO. No word on whether the SLPTO and the Second Life legal system generally will allow for any permanent injunctions. Right now it appears that the SLPTO will be heavily skewed toward copyright and trademark, which makes sense in a virtual world. And before we learn whether the SLPTO has any enforcement mechanisms, Blawg IT is offering to represent virtual clients before the SLPTO. I would get a retainer up front Brett – virtual clients can be difficult to track down when the bills are due.

The Patry Copyright Blog shows why Second Life injunctions may be necessary. Six Second Life players have sued a Queens man in the Eastern District of New York for trademark and copyright infringement based upon sales of goods in Second Life. I wonder if the trademarks and copyrights were registered with the SLPTO or the US PTO/Copyright Office. And does the E.D.N.Y. have authority to issue cyber-injunctions?

Promote the Progress provides an interesting piece on the long-term effects of last week’s injunction against the PTO on shaping patent reform.

SportsBiz explains that plaintiffs who were bilked out of millions in attorneys’ fees by their now-jailed lawyers were not irreparably harmed. A Kentucky court awarded them a 20% ownership interest in Curlin, the prize race horse and Breeder’s Cup Classic winner partially owned by the jailed lawyers.

Adams Drafting issues its own injunction against using virgules. Using what? The virgule, or the forward slash. He explains that it is frequently used to mean: 1) “per” – 50 miles/hour; 2) “or” – and/or; and 3) “and” – all parents/subsidiaries/affiliates are bound by the obligations. The problem is that the various uses create ambiguity. Adams acknowledges that he cannot find any litigation specifically about the virgule. But the best solution is to remove the virgule from your writing before you become embroiled in the first litigation over one. And when it comes to rules of writing and grammar, the best solution is to listen to Adams.

What if you do not want an injunction or just want a faster, cheaper resolution? The IP ADR blog is talking about last week’s big settlement between Vonage and Verizon. They suggest that you consider using contingent agreements to control for changing future conditions and charitable contributions. They also point out that creativity and out-of-the-box thinking are important elements for reaching settlements.

Another way to avoid an injunction is to understand how best to argue against the opposing party and their counsel. The Center for Internet & Society discusses how men and women in the United States and in other cultures communicate and suggests that understanding the nuances of how different people communicate around the globe could advance legal discourse.

Lowering the Bar reports on a Michigan man sentenced to sixty days in jail for a home invasion that ended in him throwing two large pickles at residents of the home. No word on whether he will be enjoined from pickle ownership. Okay, that is a weak tie-in, but who can resist a pickle invasion story.

Deliberations discusses one of the basic truths of trial law – you must connect with your jury about basic truths of your case. That is equally true when seeking an injunction – if the judge senses something is not right about your argument, you will not get your injunction.

The writers’ strike that is expected this week is not an injunction, but it will mean an end to new scripted television and movies. Concurring Opinions has an interesting post about a brewing legal dispute between the studios and the writers’ union, the Writers Guild of America (“WGA”). The WGA is requiring that members provide information on all unproduced projects and an update on the status of those projects, as per the labor agreement between the WGA and the studios. But the studios, based upon their individual agreements with writers, are warning writers that the studios  own the scripts and the writers are barred by contract from giving the WGA any information about the projects. These conflicting contracts place the writers in quite a pickle (I could not resist), and it poses an interesting legal question as to which contract controls.

And I end with a post that is actually about an injunction. The Maryland IP Law Blog (another LexBlog creation) posted about a District of Delaware court that upheld a jury verdict of patent infringement and plans to enter a permanent injunction against Lonza, Ltd., Nutrinova Inc. and Nutrinova Nutrition Specialties & Food Ingredients GmbH prohibiting the U.S. sale and use of a fatty acid product currently marketed under the brand name Lonza DHA for use in functional foods and dietary supplements.

Thanks for reading. And for the Blog’s regular readers, I will be back to my usual Northern District of Illinois focus tomorrow.

* Second Life is an internet-based virtual world where “residents” interact through avatars. For example, the Seventh Circuit’s Judge Posner appeared in Second Life with an avatar closely resembling him to answer questions from, among others, a DC IP lawyer using an avatar of a humanized raccoon. Check out the New World Notes blog for a transcript and some screenshots.

A New Regional Patent Blog for Washington State

 

 

Since my last post listing the Blog's "cousin" blogs -- regional IP blogs – several have joined the family. The Washington State Patent Law Blog and the Las Vegas Trademark Attorney have both started in the last several months. Welcome to the family. Here is the revised list:

Delaware IP Law Blog

E. D. Texas Blog

Florida IP Blog*

Illinois Trial Pratice Weblog (okay, it is not IP specific, but it is regional and provides excellent content)

IP Dragon(China) 

IP Legal Lounge

Las Vegas Trademark Attorney

Maryland Intellectual Property Law Blog

Patent Trademark Blog(some Orange County focus) 

Seattle Trademark Lawyer Blog

Tech Law Forum Blog (N.D. Cal.)

If you know of other regional IP blogs, post a comment or send me an email (david.donoghue@dlapiper.com) and I will add them to the list.

*The Florida IP Blog is another blog developed and hosted by LexBlog just like this Blog and, as usual, it is a great looking site with easy navigation.

Chicago IP Litigation Blog Hosting Blawg Review #133

I am hosting the 133rd weekly Blawg Review on Monday.  For those of you new to the Blawg Review, it is a round up of the best law blog* posts of the last week based upon submissions and the host's (that's me) own additions.  Feel free to nominate your own posts -- click here for submission guidlines and a form for submitting your posts.  And check back Monday morning for Blawg Review #133.

*  I generally use the term "law blog."  The Blawg Review goes with "blawg" to mean the same thing.  There has been considerable debate on which term  is most appropriate -- click here, here or here if you really want to know more about this debate from Kevin O'Keefe at LexBlog

Blawg Review #123

Blawg Review #123 was published today by the Texas Appellate Law Blog.  For those who do not know, Blawg Review is a review of each week's law-related blog posts hosted by a different legal blog each week.  This week's review is written in the style of an appellate opinion.* The review highlights yesterday's Blog post reporting that Roger Ebert has withdrawn Disney's right to use Ebert's thumbs up/thumbs down trademark until negotiations regarding Ebert's return to his movie review program are resolved.  I will be hosting the Blawg Review on November 5th.

*  The Blawg Review opinion did not reach the issue of whether "blawg" or "law blog" is the correct term for legal blogs.  This is, perhaps surprisingly, a hotly contested issue (and here and here).  I side with Kevin O'Keefe at LexBlog.  Legal blog or law blog is sufficiently descriptive and the least confusing title.  "Blawg" is too cute and confuses people.

DLA Piper is One of 39 AmLaw 200 Firms Blogging

LexBlog (the firm that designed this Blog) has just done a very interesting analysis of blogging among the AmLaw 200 firms.  LexBlog found that 39 of the AmLaw 200 firms are blogging.  The firms (or their lawyers) have 74 blog.  Of those 74, 56 are firm branded (like this one) and 18 are not, suggesting that the blog may not be formally approved by the firm.  And nearly half of the 74 blogs were designed by LexBlog -- an impressive testimony.  I predict that by this time next year there will be 125-150 AmLaw 200 blogs and that LexBlog will continue to have created at least half of them.

After the jump, there are links to and descriptions of the other intellectual property or technology-related blogs from the AmLaw 200:*

 

Fair Use Blog

Blackwell Sanders LLP has four lawyers – Gary Pierson, Pete Salsich III, Geoffrey Gerber and Michael Kahn – operating the Fair Use Blog. In their posts, the attorneys deal with laws pertaining to first amendment and intellectual property issues.

Telecom Law Blog

Davis Wright Tremaine have also developed the Telecom Law Blog. Updated by eight of the firm’s telecommunications attorneys, it provides news on developments in telecommunications law.

Drug and Device Law

The Drug and Device Law blog is a joint project between two lawyers: Jim Beck and Mark Herrmann. It provides commentary from the two attorneys about medical device product liability litigation. Beck is an attorney with Dechert LLP, while Herrmann works as a partner for Jones Day.

Patent Baristas

Patent Baristas is a blog related specifically to patent issues impacting the biotechnology/pharmaceutical worlds. It is written and published by “Editor-in-Chief Barista” Stephen Albainy-Jenei, a patent attorney at Frost Brown Todd LLC.

KM Space

Doug Cornelius writes his blog, KM Space, which provides commentary on legal technology. Doug is an associate with Goodwin Procter.

Internet Cases

Evan Brown writes the content for Internet Cases, a blog highlighting internet/technology-related legal news. Evan is an attorney at Hinshaw & Culbertson LLP in Chicago.

Daily Dose of IP

Patent attorney Mark Reichel operates his own Blogspot blog, called the Daily Dose of IP. In his blog, Reichel – an attorney with Ice Miller LLP – provides constant updates on intellectual property law.

RFID Law Blog

The RFID Law Blog is a blog started by McKenna Long & Aldridge LLP. Written mostly by Douglas Farry, chair of the firm’s RFID practice, the blog deals with the growing use of Radio Frequency Identification (RFID) technology.

Nanotechnology Law Report

The Nanotechnology Law Report is a project of Porter Wright Morris & Arthur LLP. John Monica, Jr. and Michael Heintz write the entries, which focus on nanotechnology news and legal developments.

Electronic Discovery Law

K&L Gates operates the Electronic Discovery Law blog. Updated by the firm’s , the blog provides updates on news and legal developments related to e-discovery issues.

Legal Technology Blog

The Xerdict Group LLC, a subsidiary company of Sedgwick, Detert, Moran & Arnold LLP, operates the Legal Technology Blog. Written by Kenneth Jones, the Blogspot blog focuses on legal technology trends.

Intellectual Property Law Blog

The Intellectual Property Law Blog is another Sheppard Mullin project. Focusing on recent developments in IP law, it is updated by seven of the firm’s IP lawyers.

Silicon Valley Media Law Blog 

Cathy Kirkman, an attorney with Wilson Sonsini Goodrich & Rosati, operates the Silicon Valley Media Law Blog. In her blog, Cathy provides updates on various technology and media-related legal issues.

Trade Secrets Blog

The Trade Secrets Blog, by Womble Carlyle’s Press Millen & Todd Sullivan, deals with trade secrets litigation in the southeastern United States.

Commlaw - Mass Media

Maintained by the lawyers and attorneys from Womble Carlyle’s Telecommunications, Cable & Broadcast Group, the Commlaw-Mass Media blog focuses on the broadcast industry.

Commlaw Source

The Commlaw Source blog highlights legal developments related to the telecommunication industry. Content for the blog is written by Womble Carlyle’s Ross Buntrock and Michael Hazzard.

 

*  Thanks to LexBlog for doing all of this research, for the list of the blogs and for the description accompanying each blog link.  The LexBlog designed sites are identified with the   logo.

DLA Piper Joins the Short List of AmLaw 200 Firms with Blogs

Ron Friedmann, of Prism Legal Consulting has created a list of "firm-branded blogs" -- he does not count AmLaw 200 attorneys that blog without displaying their firm affiliation -- in which he identifies nine AmLaw 200 firms that have a collective 30 blogs.  LexBlog's Kevin O'Keefe adds four more to Friedmann's list to reach 13 AmLaw 200 firms with 34 blogs:

Kevin's post also alludes to another blog from one of the AmLaw 50 that LexBlog will be going live with this week.  And as you can see from the addition of the DLA Piper logo to the Blog, this is it. 

Many friends and colleagues already know that I left my in-house position with Delphi's Technology Licensing & Litigation group in November and reentered private practice as Special Counsel to DLA Piper.  It has taken a little bit of time to get everything ready to go, but DLA has embraced the Blog and is very excited about being affiliated with it.  The Blog remains mine and that you will continue to get the same quality content.  The only differences are that I am back in Chicago and that I am now actively litigating IP matters in the Northern District of Illinois again.  It is great to be back in town and, as always, I welcome your comments.  And now that I am no longer inhouse, in addition to my thoughts (which remain solely mine and not necessarily those of DLA Piper or any of our clients) I can offer you my litigation services should you ever need them.

A New Regional IP Blog for the N.D. Cal.

Since my last post listing the Blog's "cousin" blogs -- regional IP blogs -- another has joined the family.  The Tech Law Forum Blog has switched its format to focus on N.D. California IP cases.  Welcome to the family.  Here is the revised list:

 
 
 
Illinois Trial Pratice Weblog (okay, it is not IP specific, but it is regional and provides excellent content)
IP Dragon (China)
 
 
Patent Trademark Blog (some Orange County focus)

Tech Law Forum Blog (N.D. Cal.)

If you know of other regional IP blogs, post a comment or send me an email (david.donoghue@dlapiper.com) and I will add them to the list.

*The Florida IP Blog is another blog developed and hosted by LexBlog just like this Blog and, as usual, it is a great looking site with easy navigation.

Top [11] Copyright Missteps

Sheppard Mullin's Intellectual Property Law Blog (another LexBlog creation) has an excellent post on The Top Ten Ways Copyright Law Can Mess Up Your Transaction.  The post will go a long way towards keeping any company or individual out of the Northern District for copyright infringement issues.  But it does not address one of the biggest copyright dangers -- not addressing the use of potentially copyrighted materials within an organization.  Every modern business relies upon information, often that information is gathered from copyrighted sources, for example the internet, television, books or newsletters and magazines.  It is important to educate your employees to respect the copyrights covering their information sources and to set up corporate policies to make it clear that the company respects copyrights.  The fix for this problem is inexpensive and quick, but it can head off very expensive mistakes -- statutory damages for copyright infringement can be astronomical.

Regional IP Blogs

A recent post complimenting The Blog by Mike Atkins at the Seattle Trademark Lawyer Blog (thanks Mike) jump started a post I had been planning for a while.  There are a growing number of blogs following IP issues in different regions of the country (and world), what Mike refers to as our "cousin" blogs.  So, here a list of the regional IP blogs that I know about.  All of them offer interesting content, much of  which is useful beyond their home regions:

 
 
 
Illinois Trial Pratice Weblog (okay, it is not IP specific, but it is regional and provides excellent content)
IP Dragon (China)
 
 
Patent Trademark Blog (some Orange County focus)

If you know of other regional IP blogs, post a comment or send me an email (dave.donoghue@yahoo.com) and I will add them to the list.

*The Florida IP Blog is another blog developed and hosted by LexBlog just like this Blog and, as usual, it is a great looking site with easy navigation.

Now You Can Google Patents

Google's continuing expansion has led it into the patent world.  Google is offering a new service called Google Patents.  It is a very powerful tool.  You can search for patents using the standard Google interface or you can do an advanced search which allows you to search by inventor, assignee, filing date, issue date or classification.  But the real power of Google Patents is the front page of each patent -- you can see an example here.  The page gives you all of the information from the front page of the patent (including links to the cited art), plus thumbnails of each drawing page and the text of the claims.  Very impressive.  If Google is taking over the world, at least they are doing a good job of it.

Thanks to Kevin O'Keefe at Lexblog and Matt Gulde at the Law Offices of Mark L. Rotert for pointing out Google Patents.