IPWatchdog Gene Quinn recently published his list of the top 26 patent blogs, based upon Technorati rankings (Quinn only considered blogs in the top 1M of the Technorati rankings) — click here to read Quinn’s post. Quinn manually determined which blogs counted as patent blogs, and did nice work. Although I would add the IP ADR Blog to the list. While I do not place much weight in blog rangings, the list identified a few new blogs that I plan to follow, and it is gratifying to see that the Chicago IP Litigation Blog has a strong reader base in the patent world.
Here are Quinn’s rankings:
Patently-O – Technorati Rank 21,202
Patent Baristas – Technorati Rank 61,134
IPWatchdog – Technorati Rank 80,245
Against Monopoly – Technorati Rank 80,245
Patently Silly – Technorati Rank 90,082
Chicago IP Litigation Blog – Technorati Rank 117,073
PHOSITA – Technorati Rank 101,726
Spicy IP – Technorati Rank 129,347
PLI Patent Practice Center – Technorati Rank 132,753
Duncan Bucknell Company’s IP Think Tank – Technorati Rank 136,348
Patent Prospector – Technorati Rank 152,448
Securing Innovation – Technorati Rank 162,007
Peter Zura’s 271 Patent Blog – Technorati Rank 163,794
The Invent Blog- Technorati Rank 167,214
Promote the Progress – Technorati Rank 198,166
I/P Updates- Technorati Rank 213,371
IP NewsFlash- Technorati Rank 221,777
Orange Book Blog – Technorati Rank 221,777
The IP Factor – Technorati Rank 250,588
Philip Brook’s Patent Infringement Updates- Technorati Rank 273,434
Patent Docs – Technorati Rank 300,413
Antiticpate This! – Technorati Rank 351,677
Patent Fools (now operated by IPWatchdog.com) – Technorati Rank 351,092
Patentably Defined – Technorati Rank 614,978
Steve van Dulke’s Patent Blog – Technorati Rank 676,101
IP Spotlight – Technorati Rank 752,199

Continue Reading Most Read Patent Blogs

This week’s Blawg Review #185 is up at Duncan Bucknell’s IP Think Tank — click here to read it. It will be no surprise to Bucknell’s readers (including me) that his theme is global intellectual property. Of course, Bucknell focuses on the Bilski decision — for example, IP Blawg and IP Spotlight. Bucknell also looks at some posts regarding how the changing administration will impact IP law, including two posts from Patent Docs (click here and here) and the IAM Blog.

Continue Reading IP-Centric Blawg Review

This is not directly related to IP law, and is not legal advice or an endorsement of any candidate. I am supporting a blog initiative to get state voting rules on the web, as a public service to blog readers. The following information comes from the Cook County Clerk’s Office election site, a great place if you have voting or election questions. Also, early voting ends tomorrow evening. After that, you must vote on election day, Tuesday, November 4 or by absentee ballot. Finally, to provide an IP connection to this post, click here for an interesting Patent Docs post outlining each presidential candidate’s respective positions on patent law issues.
1. You must be registered to vote.
2. Get to your polling place and obtain a ballot:
Find the location of your polling place. For early voting, you have a wide choice of polling places. On Tuesday, November 4, you must go to the polling place for your precinct. If you do not know where your polling place is located, ask your county clerk or board of election commissioners.
Bring a photo ID. You do not need your voter registration card, but it does not hurt to have it with you.
Don’t wear t-shirts, buttons or anything else with any campaign logo. They are prohibited at polling places.
At the polling place, sign an application for ballot. You will then receive a paper ballot or a card for an electronic voting machine.
3. Marking the ballot.
An optical scan ballot consists of columns of names of offices and candidates with an incomplete arrow or small oval adjacent to the name. To select the candidate of your choice, complete the arrow next to the candidate’s name with a single bold stroke, using only the felt-tipped pen provided in the booth. Or, if your ballot has ovals, fill in the oval staying within the lines as nearly as possible, again using only the felt-tipped pen provided in the booth.
Read the instructions and be especially mindful of the number of candidates to vote for in each office. If you vote for more candidates than the number to be elected, it is considered an over-vote and none of the candidates for that office will receive a vote.
You are not required to cast a vote in all offices. If you skip an office, an under-vote will be registered for that office; however, an under-vote cannot be traced to any individual voter. Over-voting or under-voting an office does not affect the rest of your ballot.
You may cast a write-in vote for a candidate whose name is not on the ballot. Write the name of your candidate on the blank line provided directly at the end of the list of candidates for that office. Complete the arrow or fill in the oval next to the name of your write-in candidate. A write-in vote will not be counted for any candidate who has failed to file an Intent to be a Write-in Candidate as prescribed by law.
4. Check your ballot.
Review your ballot to make sure your marks are sufficient and for the candidates you want to vote for.
5. Preserve the secrecy of your ballot.
Place your voted ballot in the security sleeve provided to preserve the secrecy of your ballot.
6. Cast your ballot.
Take your ballot to the judge of election in charge of the ballot box who will cast the ballot for you.
If you have any questions concerning the ballot ask those questions before your ballot is cast. If you make an error you may request a new ballot. If you didn’t see a public question for which you should have been able to vote, or you believe you should have been able to vote for a candidate whose name you did not see on the ballot, ask those questions before your ballot is inserted in the ballot box. Once your ballot is cast nothing can be done to retrieve it. Note: There may be candidates on both sides of your ballot.

Continue Reading Election Day

Several stories and updates that are worth a mention, but do not warrant a separate post:
I was going to write a post explaining new Federal Rule of Evidence 502, but Beck & Herrmann at Drug & Device Law beat me to it and did an excellent job (actually, they did not, but their colleague David B. Alden of Jones Day did) — click here to read the post. Every litigator should read FRE 502 for themselves and then read the Drug & Device Law post or some other guide. It is a significant rule, even though it codifies much of what was already the standard practice.
Anne Reed at Deliberations provides a series of links to the most recent edition of The Jury Expert — click here for Reed’s post. If you do not already subscribe to The Jury Expert, do it now. This is a fabulous publication. My favorite article is by Oklahoma State’s Edward Burkley and Darshon Anderson, discussing translating the science of persuasion into the courtroom. Anyone who makes it their business to persuade judges, juries, colleagues or even their spouse should read this article. Much of the article will not be new to anyone who studies the art of persuasion. But at a minimum it is an excellent distilling of important persuasion techniques and everyone will learn or rethink a few things.
Patent Reform is back, or at least Minority Whip Senator Kyl (R-AR) has introduced a new patent reform bill. It is hard to imagine there is much traction in the midst of a presidential election and all of the economic unrest swirling around Washington. But you can read more about the bill at Patent Docs and the 271 Patent Blog.

Continue Reading Northern District & IP Legal News

Managing Intellectual Property published its annual list of the fifty most powerful people in the international IP community (hat tip to Patent Docs for pointing it out). Click here for the list (subscription or two week free trial sign up required). There were two honorees with Chicago connections:
Rhonda Steele (#8) — Steele is both the president of INTA and Asia-Pacific marketing properties manager for Mars. While Steele does not necessarily work in Chicago or on Chicago-specific IP, Mars makes Fun Size versions of its 3 Musketeers, Snickers and Milky Way candy bars in Chicago.
Jim Malackowski (#34) — Malackowski is a founder of Chicago-based Ocean Tomo, as well as its president and CEO. Among other things, Ocean Tomo is well known for its patent auctions (at leas the last several of which have each totalled more than $10M in sales), IP valuation services and damages expert work.
These IP luminaries share the honor with Second Life avatars (#1), the PTO’s Director John Dudas (#4), the Federal Circuit’s Judge Michel (#9), Harry Potter (#14),and blogger and Google copyright counsel William Patry, of the Patry Copyright Blog.

Continue Reading Chicago Connections to Managing IP’s Top 50

Quanta Computer, Inc. v. LG Elecs., No. 06-937, 553 U.S. ___ (2008).
The Supreme Court concluded its latest review of the patent laws Monday when Justice Thomas delivered the Court’s succinct, unanimous decision in Quanta v. LG. Client obligations this week prevent me from providing a detailed analysis today. But, no surprise, there is plenty of commentary out there already. For more about decision, check out:
* 271 Patent Blog
* Agricultural Law
* FileWrapper
* IP Thinktank
* Patent Docs
* Patently-O
* WSJ Law Blog

Continue Reading Quanta v. LG: Patent Exhaustion

Tomorrow I will be back to case analysis, but there is some Northern District news and some excellent IP and litigation blog posts worth reading, here they are:
Ninth Annual Pro Bono and Public Interest Awards — The Northern District and the Federal Bar Association are seeking nominations for excellence in pro bono and public interest work. Nominations should be based upon work performed in civil cases before the Northern District which are no longer pending. Send nominations by March 28 to:
Amy Rettberg, Executive Law Clerk
Email: amy_rettberg@ilnd.uscourts.gov
Chambers of the Chief Judge James F. Holderman
219 South Dearborn Street, Suite 2548
Chicago, Illinois 60604
Patent Reform is Moving Forward — The Senate is preparing to vote on the Patent Reform Act after its spring recess (yes, it is spring already in DC). Here is some additional coverage of the Act’s status:
271 Patent Blog — looking at the latest amendments to the Act.
Maryland Intellectual Property Blog — looking at the latest amendments and questioning whether proponents have the sixty votes necessary for cloture, thereby avoiding a filibuster.
Patent Docs — taking sides, but asking you to call your Senators regardless of which side you take.
Check out the newest entry to Chicago’s law blog scene, the Lean & Mean Litigation Blog. It is not IP-focused, but it is an interesting read for any commercial litigator or litigant.
William Patry at Patry on Copyright has an interesting post about the difficulties of serving corporate entities based upon a District of the District of Columbia case involving a pro se plaintiff. The best advice, of course, is to hire counsel because if you do not get the party served properly, you have no case.
The Seventh Circuit affirmed Judge St. Eve’s ground breaking opinion in the CLC v. Craigslist case. The Seventh Circuit held that an ISP is exempt from cases based upon user content when the case attempts to treat the ISP as a publisher of the content. This is considerably narrower than most of the other circuits, which have held that Section 230 exempts ISPs from essentially all suits based upon user content. For more coverage, check out the WSJ Law Blog (which erroneously elevates Judge St. Eve to the Seventh Circuit), Internet Cases, and the Technology & Marketing Law Blog (very detailed analysis of Judge Easterbrook’s opinion).

Continue Reading Northern District & IP News: Pro Bono & Patent Reform

The Patent Reform Act is on the Senate’s calendar and is expected to be voted on in February. The version voted out of the Senate Judiciary Committee is different than the version passed by the House. Experts expect that, instead of forming a joint committee to resolve the differences which generally requires a second vote by both chambers, the House will vote on any version of the Patent Reform Act passed by the Senate.
That means that it is time to take a close look at the Senate version of the Patent Reform Act. The damages and venue provisions continue to be some of the most significant and hotly-contested. And it is no surprise that the various stakeholders are making their positions heard loudly again. I considered analyzing each provision of the current Senate bill, but Patent Docs beat me to it and did an excellent job:
Venue
Damages
First to file
Several other blogs are also keeping a close eye on the stakeholders and the sausage-making aspects of the Patent Reform Act, among the best:
271 Patent Blog
Filewrapper
IP Biz
Patent Barristers
Patently-O
Maryland IP Law Blog (and here regarding the increased internet coverage of Patent Reform during February)

Continue Reading Patent Reform: It’s Baaaaaaaaack!

Lots of blogs have been doing top ten lists or posts pondering their past year or resolving to do more in 2008. That is not my style.* But Wired’s top ten list of startups to watch in 2008 caught my eye because of a Chicago connection – click here for the entire list. Second on the list (alphabetically) is Chicago company 37Signals, a company that makes a suite of personal and business management software. I am trying out their web-based calendar and organization tool Backpack and, so far, I have been impressed. Here is what Wired says about 37Signals:
There’s a reason nobody ever uses the phrase, “It’s as simple as computer programming.” But Chicago’s 37Signals has made life simpler for programmers and small businesses alike with products such as Basecamp (project management software) and an increasingly popular open source web framework called Ruby on Rails. The company ditches the philosophy of “more features, more better” in favor of simplicity and accessibility: Focus only on the most important features and make things easier to use. The company itself embodies its keep-it-simple philosophy: Fewer than 10 staffers, working from humble offices, create programs quickly and nimbly adapt them based on user feedback. 37Signals released version 2.0 of Ruby on Rails in December, which should give many programmers a happy new year.
Founders: Jason Fried, Ernest Kim, Carlos Segura
Funding: Undisclosed sum from Bezos Expeditions
Employees: 8
* I will say that the Blog’s top two stories of the year were without question the Patent Reform Act and Trading Technologies v. eSpeed.
For some other good IP-related top ten or end of the year lists, check out:
Patent Docs (Top fifteen Patent Docs stories of the year, 11-15, 6-10 and 1-5)
Patently-O (Hal Wegner’s top ten 2008 patent cases)
TinyTech IP (Top ten nanotechnology patents)

Continue Reading Chicago’s 37Signals One to Watch in 2008