superfluity

How To Protect IP When Terminating Employees

2005-05-07T16:00:00.000-07:00

How To Protect IP When Terminating Employees: "How To Protect IP When Terminating Employees"

Patently-O: Patent Law Blog: Phillips v. AWH: Review of Oral Arguments on Claim Construction Methodology

2005-02-08T20:21:00.000-08:00

Patently-O: Patent Law Blog: Phillips v. AWH: Review of Oral Arguments on Claim Construction Methodology

Blog 702: 9th Circuit Reverses Exclusion of Defense Expert on Hedonic Damages

2005-02-08T20:17:00.000-08:00

Blog 702: 9th Circuit Reverses Exclusion of Defense Expert on Hedonic Damages

Adam Smith, Esq.: Law Firm Management, 1984--2004

2005-02-03T22:01:00.000-08:00

Adam Smith, Esq.: Law Firm Management, 1984--2004

I/P Updates: Rader on "Truth in Advertising" for Deference to Trial Courts - News and Information for Intellectual Property Practitioners

2005-01-30T23:00:00.000-08:00

I/P Updates: Rader on "Truth in Advertising" for Deference to Trial Courts - News and Information for Intellectual Property Practitioners

Patently-O: Patent Law Blog: Fosamax case: Patentees should elect the lexicographer option at their own risk

2005-01-30T11:07:00.000-08:00

Patently-O: Patent Law Blog: Fosamax case: Patentees should elect the lexicographer option at their own risk: "Fosamax case: Patentees should elect the lexicographer option at their own risk"

CORI: Search through more than 25,000 contracts

2005-01-30T10:51:00.000-08:00

CORI: Contracting and Organizations Research Institute

"CORI is in the process of creating a knowledge base of contracts, contracting resources, and information on organizational governance. The center-piece of this knowledge base is a library of contract documents. Currently, most of the library is available electronically over the Internet useing a full-text search a retrieval system."

InterLingua: Who's Suing Whom: Patent, Trademark and Copyright Edition

2005-01-30T10:42:00.000-08:00

Who's Suing Whom: Patent, Trademark and Copyright Edition

IP Blogs: Pocket Parts for a Digital Age

2005-01-30T10:39:00.000-08:00

IP Blogs: Pocket Parts for a Digital Age

Law review article re the interface between trademark law and Internet search terms

2005-01-30T10:33:00.000-08:00

SSRN-Deregulating Relevancy in Internet Trademark Law by Eric Goldman

From the Abstract:

"This Article examines the complex world of Internet search. The Article seeks to ensure that trademark law does not interfere with the free flow of Internet content that consumers find relevant."

MSNBC - E.D. Texas practices 'rocket docket' patent law

2005-01-30T10:28:00.000-08:00

MSNBC - Town practices 'rocket docket' law

The online file wrappers are here! The online file wrappers are here!

2005-01-27T20:28:00.000-08:00

The PTO now offers trademark file wrappers online, here:

"The United States Patent and Trademark Office (USPTO) is pleased to present TDR - Trademark Document Retrieval. Through TDR, you can view and download any or all documents contained in the electronic file wrapper of all pending trademark applications, as well as many registrations.

Currently, you can access all pending applications and all Madrid Protocol filings, and also many registrations, via TDR. The USPTO is in the process of converting all remaining registrations into a digital format, to permit future TDR access. This conversion process is expected to take several years."

Patently-O: Patent Law Blog: Phillips v. AWH: Patent Examiners Do Rely on Dictionaries

2005-01-25T19:08:00.000-08:00

Patently-O: Patent Law Blog: Phillips v. AWH: Patent Examiners Do Rely on Dictionaries: "Phillips v. AWH: Patent Examiners Do Rely on Dictionaries"

A Copyfighter's Musings: SDA / John Mitchell Grokster Brief

2005-01-23T17:32:00.000-08:00

VSDA / John Mitchell Grokster Brief

The TTABlog: Clear Bottle Appeal May Clarify TTAB Functionality Doctrine

2005-01-23T15:46:00.000-08:00

The TTABlog: Clear Bottle Appeal May Clarify TTAB Functionality Doctrine

The TTABlog: Still More Reading: McCarthy on Dilution

2005-01-23T15:45:00.000-08:00

The TTABlog: Still More Reading: McCarthy on Dilution

Patently-O: Patent Law Blog: Sale of product through an intermediary can create personal jurisdiction for patent infringement.

2005-01-22T13:39:00.000-08:00

Patently-O: Patent Law Blog: Sale of product through an intermediary can create personal jurisdiction for patent infringement.: "Sale of product through an intermediary can create personal jurisdiction for patent infringement."

Patently-O: Patent Law Blog: Federal Circuit: Corroboration of Evidence Needed to Prove Patent Invalidity

2005-01-22T13:38:00.001-08:00

Patently-O: Patent Law Blog: Federal Circuit: Corroboration of Evidence Needed to Prove Patent Invalidity: "Federal Circuit: Corroboration of Evidence Needed to Prove Patent Invalidity"

Patently-O: Patent Law Blog: Pfizer Wins Zoloft® Patent Dispute: Orange Book Listing Does Not Create Reasonable Apprehension of Lawsuit

2005-01-22T13:38:00.000-08:00

Patently-O: Patent Law Blog: Pfizer Wins Zoloft® Patent Dispute: Orange Book Listing Does Not Create Reasonable Apprehension of Lawsuit: "Pfizer Wins Zoloft® Patent Dispute: Orange Book Listing Does Not Create Reasonable Apprehension of Lawsuit"

The Patentability Blog: Standards of Review

2005-01-22T13:37:00.000-08:00

The Patentability Blog: Standards of Review

Report from the First Public Hearing on Proposed Changes to the Federal Rules of Civil Procedure Addressing E-Discovery : Electronic Discovery Law

2005-01-22T13:36:00.001-08:00

Report from the First Public Hearing on Proposed Changes to the Federal Rules of Civil Procedure Addressing E-Discovery : Electronic Discovery Law: "Report from the First Public Hearing on Proposed Changes to the Federal Rules of Civil Procedure Addressing E-Discovery"

Sanctions Not Warranted for Failure to Preserve Voicemail Messages : Electronic Discovery Law

2005-01-22T13:36:00.000-08:00

Sanctions Not Warranted for Failure to Preserve Voicemail Messages : Electronic Discovery Law: "Burrell v. Anderson, 2005 WL 78898 (D.Me. Jan. 13, 2005)"

Failure to Serve Privilege Log by Court's Deadline Did Not Effect Waiver : Electronic Discovery Law

2005-01-22T13:35:00.000-08:00

Failure to Serve Privilege Log by Court's Deadline Did Not Effect Waiver : Electronic Discovery Law

Adam Smith, Esq.: The Billable Hour is Dead: Long Live the Billable Hour

2005-01-22T10:00:00.000-08:00

Adam Smith, Esq.: The Billable Hour is Dead: Long Live the Billable Hour

Patently-O: Patent Law Blog: Canada Challenges Federal Circuit's Patent Decision in BlackBerry Case.

2005-01-17T19:20:00.000-08:00

Patently-O: Patent Law Blog: Canada Challenges Federal Circuit's Patent Decision in BlackBerry Case.: "Canada Challenges Federal Circuit's Patent Decision in BlackBerry Case."

Law under the Microscope: Assignment of Technology Can Create Fiduciary Duty (At Least, in California)

2005-01-16T20:06:00.001-08:00

Law under the Microscope: Assignment of Technology Can Create Fiduciary Duty (At Least, in California)

Law under the Microscope: It Pays to Say What You Mean [in licensing contracts]

2005-01-16T20:06:00.000-08:00

Law under the Microscope: It Pays to Say What You Mean

Legal Theory Lexicon: Balancing Tests

2005-01-16T20:02:00.000-08:00

Legal Theory Lexicon: Balancing Tests

Patently-O: Patent Law Blog: Federal Circuit: Refurbishing of Disposable Cameras Not Allowed

2005-01-16T20:00:00.000-08:00

Patently-O: Patent Law Blog: Federal Circuit: Refurbishing of Disposable Cameras Not Allowed

The Patentability Blog: Introduction

2005-01-16T19:56:00.000-08:00

The Patentability Blog: Introduction

What Do Your Clients Really Think of You?

2005-01-16T14:31:00.000-08:00

PracticeLink

Blog 702: Trial Court's Dissatisfaction with Daubert Does Not Excuse Failure to Object

2005-01-16T14:27:00.000-08:00

Blog 702: Trial Court's Dissatisfaction with Daubert Does Not Excuse Failure to Object

The TTABlog: More Reading: TrafFix and the Expired Design Patent

2005-01-13T20:10:00.000-08:00

The TTABlog: More Reading: TrafFix and the Expired Design Patent

Cover Story: The Tyranny of the Billable Hour

2005-01-13T20:09:00.000-08:00

Cover Story: The Tyranny of the Billable Hour

I/P Updates: USPTO Issues Interim Rules on CREATE Act - News and Information for Intellectual Property Practitioners

2005-01-13T20:06:00.000-08:00

I/P Updates: USPTO Issues Interim Rules on CREATE Act - News and Information for Intellectual Property Practitioners

All About Trademarks

2005-01-13T20:05:00.000-08:00

All About Trademarks

ScienceDirect - World Patent Information : Decision pathways in patent searching and analysis

2005-01-12T22:42:00.000-08:00

ScienceDirect - World Patent Information : Decision pathways in patent searching and analysis

Abstract:

The article investigates the applicability of the techniques of decision analysis to patent searching, to achieve better searches and better understood outputs. Amongst topics explored are decision hierarchy (strategic, tactical, operational), decision models (deterministic, probabilistic), influence diagrams and decision trees, suitable software, and patent search decision points (illustrated by an example search). The author concludes that decision analysis can improve working methods and the conduct of complex searches, but suggests that further research is needed, especially in quantifying the risk associated with legal decisions in the patent search context.

I/P Updates: U.S. Legislators Aiming Toward Single, Low-Cost World Patent - News and Information for Intellectual Property Practitioners

2005-01-12T22:35:00.000-08:00

I/P Updates: U.S. Legislators Aiming Toward Single, Low-Cost World Patent - News and Information for Intellectual Property Practitioners

Magistrate Recommends Default Judgment Against “Big Four” Accounting Firm for Electronic Discovery Abuses : Electronic Discovery Law

2005-01-12T22:25:00.000-08:00

Magistrate Recommends Default Judgment Against “Big Four” Accounting Firm for Electronic Discovery Abuses : Electronic Discovery Law: "Magistrate Recommends Default Judgment Against “Big Four” Accounting Firm for Electronic Discovery Abuses"

The TTABlog: More Reading: TrafFix and the Expired Design Patent

2005-01-12T20:42:00.000-08:00

The TTABlog: More Reading: TrafFix and the Expired Design Patent

Patently Obvious: Patent Law Blog: USPTO Implements Changes to Patent Act: Cooperative Research

2005-01-11T19:16:00.001-08:00

Patently Obvious: Patent Law Blog: USPTO Implements Changes to Patent Act: Cooperative Research

Patently Obvious: Patent Law Blog: PATENTS: Failure to Cite Prior Art to PTO Results in Inequitable Conduct Finding and Award of Attorney's Fees for D

2005-01-11T19:16:00.000-08:00

Patently Obvious: Patent Law Blog: PATENTS: Failure to Cite Prior Art to PTO Results in Inequitable Conduct Finding and Award of Attorney's Fees for Defendant: "Jan 11, 2005"

Legal Research Guide: Intellectual Property Law

2005-01-11T07:23:00.000-08:00

Legal Research Guide: Intellectual Property Law

Teaching Legal Professionals How To Do Research"

Summary Judgment for Defendants Ends Rowe Entm’t, Inc. : Electronic Discovery Law

2005-01-10T21:13:00.001-08:00

Summary Judgment for Defendants Ends Rowe Entm’t, Inc. : Electronic Discovery Law

Court Upholds $2,442,440.97 in Discovery Abuse Sanctions : Electronic Discovery Law

2005-01-10T21:13:00.000-08:00

Court Upholds $2,442,440.97 in Discovery Abuse Sanctions : Electronic Discovery Law

Patently Obvious: Patent Law Blog: Supreme Court to Hear Patent Case Merck v. Integra.

2005-01-10T21:11:00.001-08:00

Patently Obvious: Patent Law Blog: Supreme Court to Hear Patent Case Merck v. Integra.

Cover Story: The Tyranny of the Billable Hour

2005-01-10T21:11:00.000-08:00

Cover Story: The Tyranny of the Billable Hour

Guiding Rights Blog :: Inaccurate Deposit Invalidates Copyright Registration

2005-01-10T21:10:00.000-08:00

Guiding Rights Blog :: Inaccurate Deposit Invalidates Copyright Registration: "Inaccurate Deposit Invalidates Copyright Registration"

Patently Obvious: Patent Law Blog: How to Jump-Start your Business Method Cases: Part I

2005-01-09T20:37:00.000-08:00

Patently Obvious: Patent Law Blog: How to Jump-Start your Business Method Cases: Part I

E-Discovery Case Database : Electronic Discovery Law

2005-01-09T15:24:00.000-08:00

E-Discovery Case Database : Electronic Discovery Law

Patently Obvious: Patent Law Blog: Supreme Court to Hear Patent Case Merck v. Integra.

2005-01-09T15:20:00.001-08:00

Patently Obvious: Patent Law Blog: Supreme Court to Hear Patent Case Merck v. Integra.

Electronic Discoverers -- Eight Simple Steps for Doing Effective E-Discovery

2005-01-09T15:20:00.000-08:00

Electronic Discoverers | DiscoveryResources.org - Your E-Discovery Destination Site: "Eight Simple Steps for Doing Effective E-Discovery"

the [non]billable hour: Savvy Bloggers Panel -- What is the single most significant change small firm lawyers hope AmLaw 200 firms don’t implement in

2005-01-09T15:18:00.000-08:00

the [non]billable hour: Savvy Bloggers Panel

Patently Obvious: Patent Law Blog: Festo Defined: Appeals Court gives example of amendment that is not narrowing

2005-01-09T15:17:00.001-08:00

Patently Obvious: Patent Law Blog: Festo Defined: Appeals Court gives example of amendment that is not narrowing

Patently Obvious: Patent Law Blog: Looming specter of litigation creates sufficient uncertainty for declaratory judgment action

2005-01-09T15:17:00.000-08:00

Patently Obvious: Patent Law Blog: Looming specter of litigation creates sufficient uncertainty for declaratory judgment action

Blog 702: 9th Circuit Upholds Exclusion of Copyright Expert for Late Report

2005-01-09T15:06:00.001-08:00

Blog 702: 9th Circuit Upholds Preclusive Sanction in Copyright Suit

Demanding Party to Pay for Recovery from Backup Tapes in “Proper Case” : Electronic Discovery Law

2005-01-09T15:06:00.000-08:00

Demanding Party to Pay for Recovery from Backup Tapes in “Proper Case” : Electronic Discovery Law

Electronic Data Discoverable Despite Production of Hard Copy and Necessity for Extraction Software : Electronic Discovery Law

2005-01-09T15:05:00.001-08:00

Electronic Data Discoverable Despite Production of Hard Copy and Necessity for Extraction Software : Electronic Discovery Law

Court Denies Motion to Compel Review of CD-ROMs for Responsive Documents : Electronic Discovery Law

2005-01-09T15:05:00.000-08:00

Court Denies Motion to Compel Review of CD-ROMs for Responsive Documents : Electronic Discovery Law

ALA | MARSBestRef2004 -- Best Free Reference Web Sites 2004

2005-01-09T15:04:00.000-08:00

ALA | MARSBestRef2004

I/P Updates: Section 337 Investigations on the Rise - News and Information for Intellectual Property Practitioners

2005-01-09T14:48:00.001-08:00

I/P Updates: Section 337 Investigations on the Rise - News and Information for Intellectual Property Practitioners

Leave It Behind: Building a Better Blog

2005-01-09T14:48:00.000-08:00

Leave It Behind: Building a Better Blog: "Brian Bailey on weblogs, the web, life and the local church."

New Blog and Project -- The Web of Law

2005-01-07T22:26:00.000-08:00

Thomas A. Smith, a law professor at the University of San Diego, has launched a blog called The Web of Law, analyzing the "seamless web" of legal precedent using network theory.(fn) His blog allows users to download and comment upon a working draft of his thesis. Seems like an interesting and ambitious project.

(fn) Apropos of nothing, when I was a physics major in college I wrote a paper applying concepts of physics (force, acceleration, conservation of momentum, entropy, etc.) to principles of economics. It was, in a word, instructive, at least to me, but not in the way I had originally intended.

Worth reading: Edge.org's 2005 question of the year

2005-01-06T22:47:00.000-08:00

Edge.org identifies its mission as: "To arrive at the edge of the world's knowledge, seek out the most complex and sophisticated minds, put them in a room together, and have them ask each other the questions they are asking themselves."

Edge has set its 2005 question of the year as follows:

"WHAT DO YOU BELIEVE IS TRUE EVEN THOUGH YOU CANNOT PROVE IT?"
Great minds can sometimes guess the truth before they have either the evidence or arguments for it (Diderot called it having the "esprit de divination"). What do you believe is true even though you cannot prove it?
It is worth reading what the more than 100 contributors have written.

Also worth reading is Edge's 2004 question of the year: "What's your Law?"

Comments are enabled to allow for a discussion branch here.

Actual Confusion in Trademark Litigation

2005-01-06T11:10:00.000-08:00

I ran across this informative article today on actual confusion in trademark law, a concept that seems as though it should be straightforward but which has engendered minor differences in terminology and theory that can lead to major differences in result. Actual Confusion in Trademark Infringement Litigation: Restraining Subjectivity Through A Factor-Based Approach to Valuing Evidence, by Mark D. Robins, in the Northwestern Journal of Technology and Intellectual Property.

Another Appeals Court Requires Net Music Suits

2005-01-04T18:08:00.000-08:00

Reuters has this report on the Eight Circuit holding that the RIAA must first file a John Doe lawsuit to get the names of suspected file sharers.

And then there was Freeware

2005-01-03T07:10:00.000-08:00

One of the many reasons for blogging is to give back to the community that has given us so much. One group of people who have given back in a major way are those who develop and distribute freeware. While much freeware is of narrow utility, or even potentially destructive, there are many free applications that have gained tremendous following and are evey bit as good as, if not better than, their retail counterparts.

Some of the freeware applications I use on a regular basis, and find particularly useful, are:

Firefox browser
NoteTab Light notepad replacement
IrfanView graphics viewer
Roboform password manager and automated form filler
Tweak UI interface and settings customizer
Xteq X-setup interface and settings customizer
Ad-Aware spyware remover
Spybot - Search and Destroy spyware remover
MW Snap screen capturer
Winamp media player and burner
Audacity sound editor
Xenu webpage link validator
AM-Deadlink favorites and bookmarks validator
Multi-timer countdown timer and alarm
Startup Control Panel startup manager
The Font Thing font manager
Catfish directory cataloguer

Some useful sites to search or browse for freeware are SnapFiles, Nonags, and Freeware World Team.

MIT Mystery Hunt - January 14

2005-01-01T14:33:00.000-08:00

Like last year, I'm participating this year in the annual MIT Mystery Hunt as part of the Internet sub-team of Codex Maya nee Borgia. If you're an inveterate puzzler, and have spent some time at the above link so you know what you're getting yourself into, consider throwing your hat in the ring here.

California leads charge against spyware

2005-01-01T13:39:00.000-08:00

The Consumer Protection Against Computer Spyware Act (CPACSA? where are the marketing folks?) takes effect today in California. More in this article from BBC News and this one from Information Week.

Also combat spyware with the freeware programs Ad-Aware and Spybot.

A Theory of Legal Strategy

2005-01-01T10:48:00.000-08:00

Worth reading: A Theory of Legal Strategy, by Lynn M. LoPucki and Walter O. Weyrauch (Duke Law Journal, Vol. 49, No. 6, April 2000), available online. The abstract:

"By the conventional view, case outcomes are largely the product of courts' application of law to facts. Even when courts do not generate outcomes in this manner, prevailing legal theory casts them as the arbiters of those outcomes. In a competing strategic view, lawyers and parties construct legal outcomes in what amounts to a contest of skill. Though the latter view better explains the process, no theory has yet been propounded as to how lawyers can replace judges as arbiters. This article propounds such a theory. It classifies legal strategies into three types: those that require willing acceptance by judges, those that constrain the actions of judges, and those that entirely deprive judges of control. Strategies that depend upon the persuasion of judges are explained through a conception of law in which cases and statutes are almost wholly indeterminate and strategists infuse meaning into these empty rules in the process of argumentation. That meaning derives from social norms, patterns of outcomes, local practices and understandings, informal rules of factual inference, systems imperatives, community expectations, and so-called public policies. Constraint strategies operate through case selection, record making, legal planning, or media pressure. Strategists deprive judges of control by forum shopping, by preventing cases from reaching decision, or by causing them to be decided on issues other than the merits. The theory presented explains how superior lawyering can determine outcomes, why local legal cultures exist, how resources confer advantage in litigation, and one of the means by which law evolves."

After that, it is worth further browsing the Legal Scholarship Network Research Paper Series at the Social Science Research Network.

Upcoming INTA roundtables

2005-01-01T09:44:00.000-08:00

The International Trademark Association has set its first two roundtables for 2005. Mark them in your calendar while your resolution to attend more programs in 2005 has not run its course. These lunches will be held in more than 30 cities, one near you. Find more information at the links below:

January 17 - 28, 2005
noon-2:00pm
Counterfeiting/Gray Market Issues Roundtable

February 14 - 25, 2005
noon-2:00pm
Brand Protection, Branding Guidelines, Co-Branding, Using the Brand Correctly Roundtable

If you're in Los Angeles, see you there.

Happy New Year, and mark your calendars for these conferences

2005-01-01T08:52:00.000-08:00

Welcome to, and best wishes for, the new year.

IP Menu has a long list of national and international IP conferences for 2005 and beyond. Now might be a good time to mark your calendars.

Amicus Briefs in Phillips v. AWH

2004-12-31T13:19:00.000-08:00

Patently Obvious has this useful entry on amicus briefs filed in the Phillips v. AWH appeal before the CAFC on the role of dictionaries in claim construction.

Richard Posner on Free Will

2004-12-30T20:54:00.000-08:00

Posner blogs a quick note on free will here.

What bloggers (and others) need to know (or remember) about copyright

2004-12-30T01:33:00.000-08:00

Bloggers Beware: Debunking Eight Copyright Myths of the Online World by Kathy Biehl, at LLRX.com.

Puffery in advertising

2004-12-30T01:22:00.002-08:00

NY Times article on puffery and false advertising. (Registration required)

California revisiting the days of "tortious" breach of contract?

2004-12-30T01:05:00.000-08:00

California Justices Allow Punitives in Contract Case by Mike McKee, at Law.com.

What's in a name?

2004-12-29T22:27:00.000-08:00

Maxims of Jurisprudence

California Civil Code §3537: "Superfluity does not vitiate."

Well, let's see. Welcome to my blog.