rethink(ip)

Surviving and thriving in times of revolution

Posted by J Matthew Buchanan at June 25, 2006 06:35 AM

I'm currently reading a book that I've been meaning to get to for several years. So far, Intellectual Capital by Thomas A. Stewart was worth the wait....it's a gem, and seems to be more relevant today than it was a few years back. I'm at least a little glad that I waited.

Stewart on the revolution that is the arrival of the Information Age: "Surviving and thriving in such times require peripheral vision as well as focus, adaptability as well as power. The better you can understand the large forces - the tectonic plates - reshaping our world, the better you will be able to cope with the surprises they are certain to throw at us. These days, keeping your nose to the grindstone is a big, shortsighted mistake."

Reminds me of some of our initial thoughts about the Rethink(IP) project and the purposes behind our little adventure.


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Carnival of the Vanities #196

Posted by Stephen M. Nipper at June 21, 2006 10:19 AM

One Hundred and Ninety-Six?  Crikey.  That's a heck of a lot of Carnival of the Vanities issues. 

Welcome to Rethink(IP)!   We're three patent attorneys who blog separately at PHOSITA®, PROMOTE THE PROGRESS® and THE INVENT BLOG, and (of course) together here at RETHINK(IP).  We won't bore you with a detailed description of who we are or what we claim to be.  Just have it known that we're in the field of patent law and that an object of our work together is to transform the practice of patent law.  We'll incorporate a little background material (including links to our most popular posts) by reference, for those of you so inclined. 

We will tell you this, though.  We're sort of a Carnival enigma.  No..no...we're not a freakshow, like the bearded lady or something.  We're an enigma...something that baffles understanding and cannot be explained (according to Google, anyways).  We keep hosting them - this is the fourth time we've stepped onto the carnival barker's platform, including two editions of the Carnival of the Capitalists.  According to some of our critics, though, we're anti-Carnival.  Most of that stems from our "rethinking" of Blawg Review #48 (the lawyer blog (blawg) carnival).  Apparently lawyer bloggers didn't want to hear it...regardless of our intent in doing it.  Oh well...sue us.  ;)

The Vanities needs no rethinking.  Nope...the Vanities is exactly what it says it is.  Pure, unadulterated vanity.  Send in a post, and your blog will appear in lights.  So...we offer no rethinking this week.  Nope...we respect and follow the CotV tradition of posting everything.  Absolutely Everything.

This week, Absolutely Everything means the following thirty plus submissions:

The Needle and the Damage Done Madeline Begun Kane, known in the blogosphere as "Mad Kane," writes a notable limerick about Mad Ann Coulter (please excuse all of the Mad's - Ms. Kane's nom de plume got me thinking about General Mad Anthony Wayne, the American General who scored a decisive victory in the Northwest Indian War less than a stone's throw from where one of the Rethinkers is sitting right now).   Read the limerick and laugh.  If you're a Coulter fan, it might make you a bit mad.  Well, I guess maybe if you're Coulter it might make you mad.

Here's a tasty bit...a tasty Bacon Bit to be exact (hey, isn't that a registered mark of some sort?).  DL of TMH's Bacon Bits draws a parallel between the cheating husband and republican leadership .  Both, apparently, have done so much damage that the wronged wife (the GOP base in the analogy) can't be won over simply with flowers.  Nope....the "lawyers' phones are ringing as bags are being packed."  Wow...does anyone know if DC requires a separation period?

Mmm...politics.  Mr. Right at The Right Place gives us an ode called Ms. American Spy.   Michael McCullough at Stingray: a blog for salty Christians gets wound up about Al Gore and some inconvenient truths about global warming.  Of course, then there's Below The Beltway's meme on The Flag And Freedom, a lengthy discussion of the history of flag burning and the proposed Constitutional Amendment.  Finally, The Radical Libertarian asks whether libertarians against everything?  They are apparently not against submitting posts to Carnivals...  ;)

Uh oh.  The Washington Post featured an essay by Linda Hirshman, author of Get to Work: A Manifesto for Women of the World, that, um, tells women to get to work.  Forget the family, pursue an "elite job", and rake in the cash.  Leslie Carbone, of the aptly named LeslieCarbone blog, has fired back with a well-written responsive rant that themes with "it ain't all about the money, honey."

Need 10 reasons why allotments should be preserved?  Check out "Allotments: Ten Reasons Why Preston City Council Should Not Build Over Them " at Save the Ribble. 

Genius!  In the business of making medicaments for bad breath?  Stop the manufacturing lines immediately....and incorporate this breakthrough idea.  Make your product taste like crap.  Seriously.  Well, um, at least the TamsPalm blog is serious about it .  "Revolting taste protects them from getting gobbled up...," which would, of course, defeat the purpose of these products.  What?  I don't know...at least I know that the post isn't about the religious theory of intelligent design (thanks to the explanation of the title). 

Thousands of journalists from across the globe have waited for decades to write about Paul McCartney turning sixty-four.  Well, it's finally here.  Sir Paul is officially sixty-four and most journalists used the birthday, and the song, to celebrate the life and career of the ex-Beatle.  But we're bloggers....we're different.  We see things differently.  Apparently, we hear things differently, too.  To wit...the dustbury blog celebrates Paul's much-anticipated birthday with mocking lyrics that call Paul a bore, long for John's return, and pledge not to buy anymore.  Ouch.

Soccer.  Football.  Hmm...bloggers blogging on it?  You bet!.  Andrew Ian Dodge at Liberty Cadre has had enough and has instituted a personal boycott, while Mark Rayner asks "Do you have soccer on your home world?"  Do you?  Maybe Soccer Dad knows....he had a post titled “The critically acclaimed for a plinth.” 

Thanks Dad.  Of course, Mom wants to tell us all about Four Year Old (Mis)Behavior, Portrait Studios and Pants-Dropping.  We guarantee that is the only blog this week using the term "wenis."  Lisa (next week's host) at Lil' Duck Duck tells another interesting story in The end of the duck & fried carpet??!!  I presume all of those kids know that you should Leave Things Better Than You Found Them.  OK, now that you've left things better than you found them, maybe a little staff motivation would be a good idea, or so Wayne Hurlbert at Blog Business World thinks.
 
Mothers...Fathers...hope you remembered Sunday was Father's Day.  Sunday was "also the day of loss of the USS Bonefish in 1945."   Jack Yoest had the scoop in Fathers' Day on Eternal Patrol.

A number of blogs took a financial advice theme with their submissions:  The AMT – If You're Not Scared, You Damn Well Should Be!, Wire Transfers When Closing on a House, Rate BuydownsStock Market Beat: Symantec Leverages UpUsing Mind Games To Stop The Cycle Of Debt.  We're not sure if all of that indicates a hot economy or a cold one...  I guess we could always start a new charitable organization.

Ooops...I forgot to mention that Free Money Finance raised the question Extended Warranty: Worth the Cost?  We’ve always been of the opinion that extended warranties are gambling...and the house always has the advantage.  FWIW.

Where are the CotV tech bloggers?  Aside from A DC Birding Blog’s test drive of new Internet browser Flock in the appropriately titled:  Flock Review, the pickings were quite thin in that area.  Maybe tech guys/gals aren’t vain.

The Rethink(IP) guys are science nerds at heart...thus you've got to love a blog writer who goes by GrrlScientist (Living the Scientific Life blog)!  The Grrl’s submission to the Car-r-nival:  The Rise of The Feathered Dragons.

Finally, three posts that didn't really seem to fit in anywhere else.  Makes me want to shout out "Potpourri for $1000, Alex!"  First, the death of FTD.com is predicted in:  A New Paradigm Replacing the Old.  Of course, Western Union is still around (although they did send their last telegraph earlier this year....  Goosing the Antithesis brings up Lovey-Dovey Christianity vs Reality.  Last, but not least, Suldog at Suldog-O-Rama gives us "A Recipe.”  Good luck finding a pan for that.

And that's a wrap!  Next week's host:  Lil' Duck Duck


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Astute Insight

Posted by Douglas Sorocco at June 20, 2006 07:48 AM

Couldn’t the same be said for bloggers – even law bloggers?

 


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New Podcast Available - Rethink(IP) Aloud #6

Posted by Douglas Sorocco at June 18, 2006 02:54 PM

We are proud to announce that our newest podcast is available for your down loading and listening pleasure – RethinkOrgans in orbit(IP) Aloud #6

The audio is approximately 47 minutes long and the file is a 41.1MB file.  If you want to grab the RSS feed and subscribe to the Rethink(IP) Aloud podcast – you can get it via FeedBurner at Rethink(IP) Aloud Podcast.

This podcast is the audio portion of Matt’s lecture on U.S. patent reform in 2006 and covers the efforts happening in the 109th Congress and at the Supreme Court and USPTO.  We posted the video of the presentation over at Phosita last week and received many requests for an audio only version.  Matt’s PowerPoint slides to go along with the Patent Reform lecture are also available.

The intro and ending music is “Patricia” by Billy May and his Orchestra off the Ultra-Lounge Vol. 11 album.

Happy father’s day!

 


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Digital downloads are bad for recording artists?

Posted by Stephen M. Nipper at June 15, 2006 01:40 AM

I've always wondered what the long term impact of letting people pay 99 cents for the songs they want (instead of buying a CD containing 2 songs they want and 10 they don't for $17.99) would do to the recording industry. Time will tell, I suppose.

Based on comments Weird Al Yankovic recently made, The Digital Music Weblog set out to compute the difference between what an artist receives per song on a CD vs a downloaded albumn. The results...31 cents per song via CD, and 4.5 cents per song downloaded. OUCH. Do read the DMW post...very interesting discussion of how recording artists are compensated.

Yet another reason not to buy proprietary digital downloads.


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Announcement: New Weekly Newsletter Covering Trademark Litigation

Posted by Stephen M. Nipper at June 13, 2006 10:14 AM

The fact that a lawsuit has been filed can be an incredibly valuable piece of information, especially in the practice of trademark law.  To wit, Rethink(IP) has released a new weekly e-mail newsletter.  Called Trademark Lawsuit Mojo, the newsletter consists of a list of Federal trademark lawsuits that surfaced in the previous week. 

Why is the existence of a lawsuit being filed such a valuable piece of information?

First, the defendant might not know that he/she/it has been sued!

Your company, or your client, might have no idea that a lawsuit has been filed. How can this be? Remember that in the United States, a plaintiff has 120 days from the date of filing to serve a Complaint upon the defendant(s). To reserve a preferred venue/forum, many times a plaintiff will preemptively file the suit and not serve the Complaint, spending up to the next 120 days putting their case together, acquiring additional evidence, and (sometimes) attempting to settle the dispute.

Knowing that your company or client has been sued (but hasn't been served) can be priceless information when counseling them. How's that for a valuable "heads up?"

Second, the filing of a lawsuit can also be a valuable piece of competitive intelligence.

Knowing that competitor X just sued competitor Y may change discussions you're having with competitor X, Y, and/or A! It could also help in decision-making on several issues, such as marketing and product development. Best of all, it may allow you to monitor the case for information that might be helpful in a variety of situations.

As one reader recently put it:

I subscribed last week and already impressed a client yesterday by being aware of a lawsuit filed by one of its competitors.

You can subscribe to Trademark Lawsuit Mojo using one of the below links.  Current rates are $99.99 a year or $9.99 a month.  The first three weeks are free (free trial).  After the free trial expires you can decide whether you would like to continue your subscription.

We don't expect any of us will be quitting our day jobs anytime soon … commercialization of this project (and eventually Copyright and Patent newsletters) is done to fund the “Rethink(IP) Projects Account” and let us provide additional cool tools and services to the legal community.  Apparently computer programmers don’t work for free. 

Please contact Stephen M. Nipper at steve@rethinkip.com for additional information.

$99.99/year
$9.99/mo

[update: if you'd like to see what our "beta" test of the data looks like, please check out the old site.]


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US Patent Reform Video

Posted by Stephen M. Nipper at June 12, 2006 03:03 PM

Video of Rethinker patent reform expert Matt Buchanan’s recent speech on patent reform is available over at the PHOSITA® blog.  If you want to know the latest in what’s going on in the patent reform world, the video is well worth watching.


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Quote of the Day: Service

Posted by Stephen M. Nipper at June 9, 2006 03:39 PM

Doug had a “quote for the day” yesterday…I thought I’d turn the tables on him and fire one of his own quotes back to him:

Never confuse "service" as in what bulls do for cows with "service" as in what good attorneys do for their clients.

I’m betting that is a prime example of Oklahoma wisdom.


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Quote of the Day: Logical Thought

Posted by Douglas Sorocco at June 8, 2006 12:01 PM

“Innovation is not the product of logical thought, although the result is tied to logical structure.”

Albert Einstein


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Whatever Happened to Manners?

Posted by Douglas Sorocco at June 7, 2006 11:16 AM

I guess the title of this post is fairly explanatory – but it is worth repeating. 

What has happened to manners in our society?  Rudeness seems to prevail everywhere –which makes me wonder if it is any easier to be rude than it is to be mannered?

Case in point (get ready for a rant):

I have been travelling non-stop the past couple of weeks and as we all know, the airlines are really not doing much to help their customers be comfortable, let alone, enjoy the flight.  Planes are crowded, the facilities are cramped, they are charging for soft drinks, checking our bags at the curb and for tinny little earphones — and we are now being treated to the “reserved” first class lavatory – is it absurd to anyone but me that people from row 5 have to traipse 30 rows backward to use the “steerage” restroom. 

Air travel sucks.  Plain and simple.

So, I guess I have been feeling a bit of esprit de corps with my fellow travelers  lately – it is us versus them afterall.  The people versus the man.  Humanity versus inhumanity. 

And I don’t think I am alone… in fact, I witnessed both sides of the coin tonight.

A mother and her two young children board the plane – the mother is in the aisle bulkhead seat while her kids are in the middle and the window seat one aisle behind her.  She politely asks the passenger in the aisle seat next to her kids if he would be willing to take the bulkhead aisle seat so that she could sit next to her young children (why in god’s name does the airplane put her in this position to begin with?) – a very simple request and, afterall, the passenger would get the bulkhead seat and more legroom.

So - what do you supposed happened?

If you guessed that the passenger changed seats, you would be sadly mistaken.  Instead the passenger refused, pouted and when confronted by the flight attendant, outright whined about having to move – remember, it is only one row forward and in the bulkhead seat to boot.

I think the flight attendant, myself and the mother all must have stood there for at least five minutes with our mouths open.  We couldn’t believe it.  Since I am mouthy, I asked the passenger if he had a problem – didn’t his mother teach him any manners?  Well, that went over well.  And then another passenger asked the same thing.  And then another.  And another.  And another.  Pretty soon the whole front section of the plane was glowering at the passenger for refusing to move.

Well lo and behold – he succumbed to pressure and moved forward – all the while grumbling about it.  In fact, he demanded that his bag stay under the seat in front of the woman who was taking his place.  His precious bag couldn’t end up in the overhead compartment.  Another one of the passengers picked up the bag and moved it to the overhead compartment for him.  I think I heard people applauding, but I am not certain.

Later during the flight the attendant brought free drinks back to me and a couple of the other folks who spoke up.  The passenger actually asked why he wasn’t getting something for moving.

And up piped the voice of one of the children in the row behind him:

Because you didn’t do the right thing when it was the right thing to do, mister.

I think the mother was mortified that her son made the comment – if I was her, however, I would be proud of that boy. 

I now know of at least one mother who is teaching her children manners.  Let’s hope I am still travelling when he is a bit older – I would like to sit and chat with him and see if he remembers this experience and how it impacted his life (or not).

This story is really not about intellectual property - although I could probably twist it in some manner.  If the lesson is applicable to your practice, great.  If not – I am sorry I wasted your time.

I just needed to rant.

 


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Carnival of the Capitalists - CoTC - Rethink(IP) Redux

Posted by Douglas Sorocco at June 5, 2006 09:31 AM

Well, as Steve said earlier – we are at it again.

Welcome the the June 5th edition of the Carnival of the Capitalists.  Lots of good things to read and plenty of information for everyone.

My special thanks to Brian Gongol who posted the spreadsheet template that we used to create this weeks edition.  It has been a crazy week and weekend – without the template, it would have been a very long evening last night.

And… without further ado… the Carnival of the Capitalists.


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Ask Uncle Bill Taxes Country by Country Economics There will be a lot of debate in the next few years over taxes.  Some tax cuts expire in 2010, I think, and two--the 15% tax on capital gains and 15% tax on dividends-- have been extended for at least two years.  People get all exercised about taxes with the fat cats not paying their share (actually 5% of the taxpayers pay about 50% of the taxes) or somebody yelling about taxes killing them.
The Boring Made Dull Doha and Agriculture Subsidies Economics One of the few positive things that can be said about American agricultural policy is that it’s not as bad as Europe’s. So, not only does this toxic mess run up the prices of food around the world, create environmental problems, and generally harm poorer countries who could be exporting food, it now threatens the Doha round on tariff reductions.
Mover Mike Lawrence Kudlow Wears Rose Colored Glasses Entrepreneurship Larry Kudlow says Capitalism needs a moral core, and the G-Men are restoring the rule of law and re-moralizing our economic system.
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InsureBlog Arrested Development Economics Bob Vineyard asks "does crime pay?" His answer: it sure does if you're sick.
GT Authentic Leadership Education What is Authentic Leadership? To answer this question we can start first by answering what it is not. Authentic Leadership is not the behavior most are familiar with in modern day institutional life (business, government, education, etc.) It is not a relentless focus on quarterly earnings. It is not growth by all means necessary. It is not “The business of business is business.” It is not ignorance of human and natural capital. It is not egoism. It is not unilateral decision making. It is not homogeneity or inequity. It is not a short-term focus. It is not borrowing from the unborn to lavish upon the born. It is not classism, hierarchy, dominance, imperialism, exploitation. It is not carrot and stick. It is not fake, phony, disjointed or disintegral. It is not a growing wage gap, an increasingly undereducated population, ideological supremacy or trickle down. It is not my way or the highway.
Stock Market Beat SAP Only Imitates Oracle’s Bad Moves Marketing and Sales SAP claims independence when it comes to M&A but follows Oracle down the price-cutting path of doom.
Resistance is futile! We'd have more money if we were gay Law and Regulation Tax breaks for same-sex couples, but not for heterosexuals -- how is that fair?
Servant of Chaos Ideas are Cheap Marketing and Sales Ideas are a dime a dozen, the challenge is implementation. What you need is a "Compliant Idea". Is that the sound of a steam train?
New Development Homes Blog Flipping off plan property and new homes Economics Property speculators place deposits on units before they are built (off plan), with the intention of selling them on at a healthy profit before they have to pay the rest of the purchase price.
Matt Inglot The Top 5 Points A Venture Capitalist Wants To Hear Entrepreneurship A list of the top five things venture capitalists look for in a desirable investment. As an entrepreneur you should be hitting every point in your planning even if you don’t intend to seek venture capital, as these are key criteria for an idea that has strong chances of success.
Consumer-Driven Finance Consumer-Driven Finance 2: Preemptive Strikes Against Medical Debt Economics Consumer-Driven Finance shows how people can bargain and negotiate to get better prices for expensive healthcare services just like everybody else bargains and negotiates to get better prices for things like cars and homes; maybe medicine is more like other economic goods and services than we think!


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Welcome CotC---Who is Rethink(IP)?

We’re hosting Carnival of the Capitalists (CotC) again (later today). This will be our second time doing so (the first time was back in September).

We’re also sporting a new design (later today we're told)…if you read via RSS you might want to check out our HTML…

Knowing that most CotC readers probably don’t regularly read law blogs…I thought I’d take the time to prepare a “Who is Rethink(IP)?” post…

We were three of the original patent attorney bloggers: Douglas Sorocco (PHOSITA Blog), J. Matthew Buchanan (Promote the Progress blog) and Stephen M. Nipper (The Invent Blog).

When we started Rethink(IP) the blog, we were three competitors blogging together about a topic all three of us were passionate about: farmshoring intellectual property services. Part of the “farmshoring” discussion is complaining about how other attorneys, usually large firm attorneys, (mis)treat their clients…which itself lead us to spend a considerable amount of time “rethinking” how intellectual property services should delivered to clients.

The fact that we were competitors blogging together intrigued Scobel/Israel enough to garner us a mention in Naked Conversations. However, the “competitors” angle soon took a hit when one of us (Matt) joined on of the other’s (Doug) law firm.

We frequently joke that we all have A.D.D., a condition that results in us frequently creating lots and lots of side projects, crazy ideas, and rabbit chasing. Some of our more interesting projects:

1. RSS Mojo – News and Notices: The Copyright Office for a while now has provided an RSS feed of their news. However, the Patent and Trademark Office didn’t have one. We decided that we’d set out to scrape the USPTO’s News and Notices page and craft a number of RSS feeds therefrom. We thought for sure that the USPTO would release their own RSS feed…it is coming up on a year later and it hasn’t happened yet.

2. RSS Mojo – Lawsuits: On behalf of our clients, we frequently compile and review listings of recently filed intellectual property lawsuits. It dawned on us…why not make this data more available to others. So, we created a weekly feed (RSS/email) of recently filed intellectual property (patent, copyright and trademark) lawsuits.

3. IP Memes newsletter. A free electronic newsletter put out every couple weeks by Technolawyer.com. The three of us author the newsletter.

4. Blawgr. With the help of lawyer blawgfather Kevin Heller we launched an online community for lawyers called Blawgr. It is currently offline for a major redesign and repurposing.

5. ShapeBlog. With Marty Schwimmer (Trademark Blog), Glenn Mitchell and John Welch (TTABlog)…a blog about the intersection of 3-D and the law. Fabrication, rapid prototyping, design…and the intellectual property issues they create.

6. Rethink(IP) Aloud podcast. We even podcast…

7. IP Funny (no, it is not a blog about urinary problems). Yep…we’re the anonymous bloggers (along with an anon fourth) behind the frequently neglected blog about intellectual property humor.

8. Esq Gear. Gear, gadgets, product reviews...for attorneys. Big news coming soon for this site...

9. …and a handful of projects we are not ready to mention just yet.

I’ve always loved Stephen @ Patent Barista’s quote about us: “These guys are like the Army. They do more before 9 a.m. than most people do all day.” If we only had more time...

Of course, it IS a blog. I probably should mention some of our more popular posts:

And that...in a nutshell...is Rethink(IP).


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