This week I have the privilege of hosting the Blawg Review for the third time – I also hosted Reviews 133 & 173. For those who are not familiar with the Blawg Review, it is a roving, weekly round up of the prior week’s legal blogs expertly orchestrated by the anonymous Ed. The Reviews are traditionally organized around a theme. For example, Securing Innovation’s theme last week was Indigenous People’s Day. This week’s theme is my virtual day with Lord Stanley’s Cup. For those of you who do not know, the Chicago Blackhawks (my Chicago Blackhawks) won the National Hockey League championship this year. The winner of the NHL playoffs gets the famed Stanley Cup.
“Hockey in August?” you ask. Of course, not many people play hockey in August, even in Original Six towns. My local rink shuts down for the month of August and the Blackhawks are not even back in camp for a few weeks. But one of the many Stanley Cup traditions is that the summer after winning it, the players and key personnel from the winning team each get a day with the Cup. They take it home, eat Cheerios and even buffalo wings out of it, or whatever else they want. I grew up with hockey and have grown into a Blackhawks fan, although I grew up cheering for the winged wheel. Despite my efforts cheering for the Blackhawks, including attending much of the regular season and all but one home playoff game, the Blackhawks have not yet contacted me for my day with the Stanley Cup. I am sure the letter got lost in the mail. So, I am spending today with the Cup and sharing it with the legal blogosphere.
I will start the day with Chicago bloggers, who are presumably as excited about the Cup as me. At his Death & Taxes Blog, Joel Scheonmeyer is basking in the glow of the Cup and trying to get close to Hawks owner Rocky Wirtz to discuss pet trusts for the famous, hockey-loving Wirtz beagles. Brian Leiter questions U.S. News & World Reports’ top law school rankings, but surely not the standings at the end of the Stanley Cup playoffs at his Law School Reports. The Chicago Lawyer’s Attorneys in Transition blog looks at writing sample issues for legal job applicants. An issue that many Blackhawks faced (well maybe highlight reels anyway) at the end of the season as the Hawks’ Stan Bowman made the difficult decision to get next year’s team under the dreaded salary cap.
Steven Tanner at the Chicago Family Law Blog asks whether California’s same-sex marriage ruling will impact Illinois (or other states without such a ruling). No doubt as he takes his picture with the Cup he is proud of the Blackhawks for sending defenseman Brent Sopel to Chicago PRIDE Parade with the Cup. At the Becker-Posner Blog, Becker and Posner compare the US and German responses to the recession. No doubt this would help the Wirtz family who faced red ink this year despite a Cup win and a sky-rocketing franchise. Staying on the topic of the economy, Peter Zura looks at the recession’s impact upon patent litigation at his 271 Patent Blog, while waiting his turn to kiss Lord Stanley’s Cup.
Chicago lawyer Evan Brown at Internet Cases looks at copyright preemption issues in the context of a plagiarism database. Brown no doubt is confident that Patrick Kane did not steal his post-game-winning goal celebration from anyone. C-K Faculty Blog looks at an excellent law review article by IP professor David Schwartz regarding the citation of law review articles in judicial opinions.
Leaving Chicago, Stephen Albainy-Jenei of Patent Baristas (go Blue Jackets?) looks at a Federal Circuit decision expanding drugmakers’ protections against generics. Julie Fleming (an Atlanta Thrashers fan?) at the Life at the Bar blog no doubt appreciates the long journey these Blackhawks took to the Cup and the individual goals that propelled them to the peak of their craft as this week she compares legal business development to pioneers hiking the Oregon, California and Mormon Trails and challenges readers to create a list of twenty reasons you want to develop business.
Kevin O’Keefe, at his LexBlog blog questions whether the ABA’s leadership is ignoring their obligation to engage people through social media and is no doubt impressed by the Blackhawks very impressive and forward-thinking use of Twitter. And while Blawg Review is generally not about the host’s analysis, if you want an example of an organization that has nailed using Twitter in both content and tone, check out @nhlblackhawks. At the [Non]billable Hour, Matt Homann (a fan of the dreaded Blues? Although I thank them for Red Berenson) takes social media advertising retro for an older crowd.
Vincent LoTempio stops cheering long for Buffalo’s own Patrick Kane long enough for a very in-depth look at how inventions come about. Remaining in Buffalo,’s Securing Innovation looks at the first U.S. patent in between conflicting feelings of pride for Kane and disappointment over the state of their Sabres.
Cordell Parvin at his Law Consulting Blog no doubt appreciates Stan Bowman’s salary cap dance during the off-season and how it has kept hockey in the Chicago news when it would traditionally be preempted by baseball, as he suggests lawyers use bills to distinguish themselves with clients. And seeing the Cup is bittersweet for Parvin as goalie Marty Turco left his Dallas Stars this summer to defend Chicago’s goal next year. As for me, I always welcome another Michigan Man to the Blackhawks. Staying in the south, Docket Report takes a comical look at the alleged false patent marking of a very old children’s toy, but he agrees there was nothing false about these Blackhawks and their lightning fast offense.
From the south, we head to Canada, where hockey is religion. Eric Macramalla was too busy reviewing the legalities of the Kovalchuk contract arbitrator’s decision at his Offside: A Sports Law Blog to spend any time admiring the Cup, but I suspect he may not be a Hawks fan. He does, however, offer some in depth analysis of the CBA and the arbitrator’s decision. No doubt, Macramalla agrees that the Hossa contract is fine and that the NHL should not review that contract. At Law21, Jordan Furlong ponders how to kill a law firm.
We dip back into the States to sip from the Cup with David Harlow who looks at the privacy and security of patient records at his HealthBlawg while he wonders if his Bruins can go all the way next year. And our final stop is also in Boston at Ilan Barzilay’s District of Massachusetts IP Blog where he looks at an “IP soap opera” stemming from a jail sentence. He does not have any comments on the Blackhawks free agency soap opera because like Harlow, he is preoccupied with how his Bruins are doing.
Next week’s Blawg Review will be at Law is Cool, a blog focused on Canadian law schools where there are no doubt a few more hockey fans. Blawg Review has information about next week’s host, and instructions on how to get your blawg posts reviewed in upcoming issues.

Continue Reading Blawg Review #277: A Virtual Day With Lord Stanley’s Cup

Next Monday, I have the honor of hosting my third Blawg Review. For those that do not following Blawg Review, it is a weekly round up of the prior week’s legal blog posts. I follow an excellent review yesterday at’s Securing Innovation. It was a textbook Blawg Review incorporating legal blogs from all different specialties surrounding a them (International Indigenous People’s Day).
If you want me to specifically consider your blog post for next week’s Review, send it to me or click here for the submission page.

Continue Reading Blawg Review: Call for Submissions

I am taking a day off from intellectual property to say “thank you” to the men and women who have given their lives in service to our country, and to those protecting us around the world today. Amidst the barbecues and time with family and friends, take a moment to remember our young soldiers. And here is a link to Patent Barista’s 2008 Memorial Day Blawg Review. The posts it reviews are no longer topical, but the picture of the young woman lying down in a military cemetery is still just as moving.

Continue Reading Happy Memorial Day

Seattle Trademark Lawyer Michael Atkins did a superb job hosting this week’s Blawg Review — click here to read it. Atkins takes a stroll through Seattle’s famous Pike’s Place Market looking at Seattle-based blogs — Washington State Patent Law Blog, LexBlog and the China Law Blog, among others — as well as a number of trademark blogs. I was fortunate to be featured on Atkins’s tour with last week’s post about the Lettuce trademark dispute — click here to read my post. Thanks Mike, for a great Blawg Review and for including the Blog.

Continue Reading Blawg Review #225: A Trademark Focus from Pike Place Market

Blawg Review #222 was hosted this week by Duncan Bucknell’s IP Think Tank — click here to read it. The Review is themed around Australian community festivals, which sound much like American community festivals. Of particular interest, are links to the following IP-related posts:
Drug & Device Law and Point of Law posts discussing the Twombly/Iqbal pleading requirements, a subject I have discussed on this blog here and here. These posts suggest that Twombly-style pleading is spreading to most substantive legal areas, as the Supreme Court required in Iqbal.
Spicy IP’s post highlighting the fact that Managing Intellectual Property magazine named IP bloggers generically as one of the fifty most influential people in IP — click here for the post.

Continue Reading Blawg Review #222 on Twombly & the Power of IP Bloggers

Blawg Review #217 is up at Securing Innovation, brought to you by the team — click here to read it. This Review’s theme is Father’s Day, and it is very well done. In addition to the heaving IP focus, we learn that although it should be written as plural possessive, Fathers’ Day, historically it has been known by the singular possessive, Father’s Day. And it has pictures of many legal blogging fathers and their children, including a shot of me with my father and my son enjoying a Chicago Blackhawks game late this season. The Review also reminds people to join me at Meet the Bloggers at the Billy Goat Tavern tomorrow, Tuesday, night after IPBC 2009.

Continue Reading Happy Father’s Day from Blawg Review

Next week, June 21-23, Chicago plays host to IAM’s IP Business Congress 2009. IAM promises that attendees will include “Chief IP Officers from Fortune 500 companies, heads of IP at other major companies, global IP thought leaders and senior policy makers.” And the conference also will include an impressive list of bloggers, including Peter Zura, the anonymous editor of Blawg Review and me, using a generously offered press pass. The faculty for the event is very impressive, including the following confirmed speakers:
Marshall Phelps, Corporate VP for IP Policy and Strategy, Microsoft
Ruud Peters, CEO, Philips IP & Standards
Carl Horton, Chief IP Counsel, GE
Scott Frank, President and CEO, AT&T Intellectual Property
Todd Dickinson, Executive Director, AIPLA
Ciarán McGinley, Head of the Controlling Office, European Patent Office
Beatrix de Russé, Executive VP of IP and Licensing, Thomson
Keith Bergelt, CEO, Open Invention Network
Sherry Knowles, Senior VP and Chief IP Counsel, GlaxoSmithKline
Marcella Watkins, Managing Counsel, IP, Shell Oil Company
Don Merino, General Manager Acquisitions, Intellectual Ventures
Damon Matteo, Chief IP Officer and VP IP, Palo Alto Research Center
For more information on the event and to register, click here. You can still register and if you register online using the code WC10, you will get a reduced rate of $1,350, 10% off of the full $1,500 rate.
Finally, whether or not you can make it to the conference, if you are in Chicago Tuesday night, June 23, come to Meet the Bloggers VI at the world famous Billy Goat Tavern. It will be a great chance to meet law bloggers from Chicago and around the world, and to discuss insights gained at the conference. I hope to see you at both the conference and the Billy Goat.

Continue Reading IP Business Congress Comes to Chicago

IP Business Congress 2009 comes to Chicago in about two weeks, June 21-23, 2009 — click here for registration information. In honor of such an impressive group of IP lawyers coming to Chicago, I am hosting Meet the Bloggers VI on Tuesday evening June 23 starting at 5pm.
The IPBC is at the beautiful Four Seasons Chicago, but in order to make sure that attendees get a well-rounded taste of Chicago, Meet the Bloggers VI will be held at the world famous Billy Goat Tavern. The Billy Goat is just down and below the street from the Four Seasons at 430 N. Michigan Avenue. Go to the Tribune Tower on Michigan Avenue and take the stairs below the sidewalk to find the Billy Goat. Those who have a long history in the IP blogosphere will remember that the Billy Goat was also the site of Meet the Blogger III (I am on the left side of the second picture). Also, I want to thank Meet the Blogger creator and Meet the Blogger III host John Welch of the TTABlog for allowing me to use the Meet the Blogger name.
I am not making any promises, but I am hopeful that if you attend you will meet Chicago legal blogging luminaries such as Internet Cases; Chicago Law (an excellent new blog by the Chicago Tribune’s Ameet Sachdev); the anonymous Editor of Blawg Review; Cyberlaw Central; and 12:01 Tuesday. and the 271 Patent Blog.

Continue Reading Cheezborger! Cheezborger! No Fries . . . . Meet the Bloggers VI

Here are several items that I have been holding to fit into posts, but that do not warrant a separate post:
The list of regional IP blogs keeps growing. Here are a few recent additions, as well as some general IP blogs. I will do an update of my regional blog list soon:
Delaware Patent Litigation Report* by lawyers at Morris James. This is not technically a new blog, but it is a significant redesign and a blog you should be reading if you practice patent law in the District of Delaware.
ITC 337 Law Blog by lawyers at Oblon Spivak. This is not a regional blog, but it is at least a niche IP blog and it covers a venue that has been a glaring omission in the legal blog world;
Patent Law Insights* by Rajiv Sarathy of Perkins Coie. Again not a regional blog, but Sarathy is putting up good content and his posting appears to be getting more frequent.
Virginia IP Law* by lawyers at Troutman Sanders. This is a true regional IP blog, and it looks like a great addition to the club.
At his IP Think Tank blog, Duncan Bucknell explains when you would not want to register your trademarks — click here to read the post. Bucknell makes good points, but it is also worth the read just to see a lawyer advocate against legal protection in a written document, that is not something you will see often.
Blawg Review #212 (click here to read it) is up at Current Trends in Copyright, Trademark & Entertainment Law. It is written around the country song “You Never Even Call Me By My Name” a/k/a “You Don’t Have To Call Me Darlin,’ Darlin'” (click to watch the video). In honor of INTA being held this week in Seattle, there is a lot of IP-related content.

Continue Reading IP News, New Blogs & Seminars

Here are several Northern District and IP news stories that did not warrant separate posts:
The Northern District’s new Rockford courthouse is being named for retired Judge Roszkowski. Judge Roszkowski was the first federal judge permanently seated in Rockford and served for over twenty years.
Blawg Review #198 is up at the East Central Illinois Criminal Law & DUI Blog (click here to read it). As you might expect based upon the blog’s subject matter, there is not a lot of IP content. But there are several Illinois-specific stories that Blog readers may find interesting. For example, My Law Life warns that an Illinois statute makes it illegal to jog (or walk) on Illinois roadways where sidewalks are available — click here to read the post.
Several blogs are reporting that patent reform may be back on in Congress this year: Patently-O; and 271 Patent Blog.

Continue Reading Northern District IP News