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“No, Chicken Little, the (Patent) Sky Isn’t Falling:” 
Why Patents Remain Valuable

A few days ago, I posted an article bemoaning the current state of the U.S. patent system. While that article makes an important point or two about today’s patent system, and while it discusses a mission-critical, IP strategy that is appropriate for many businesses, it doesn’t tell the whole story ….

The question in the prior post was, essentially, what does one do today to protect one’s technology in view of a patent system that is considered to be broken, or at least dysfunctional, by many incumbent stakeholders in that system? I gave a hint in the first footnote of that prior post that significant value likely remains in the patent system over the long haul. This blog post continues that discussion with a few, additional, and perhaps more advanced, considerations. I invite you to dig in and to think deeply about how some of these considerations could apply to your business. Then, as I always recommend, talk to your attorney.

It is undeniable that patents can create value. They can help companies raise investment capital, increase valuation, increase public interest and awareness, and help defend one’s market position against competition, to name but a few potentially favorable, derivative outcomes. All of these things can allow a company to grow, to employ people, to make a social impact, and to return value to shareholders.

In this article, I hope to make the case that the development and pursuit of a patent asset, even in today’s turbulent business and legal environment, can be a monumentally important, make-or-break business play. In some cases, patents (and, as discussed below, patent applications) can be amongst the most important, valuable, and strategic assets a company or institution can have.

Notwithstanding, let’s get this out in the open right away: I don’t intend to imply that patents are always necessary, or that they are the right answer for every technology or innovation-based business, or that there aren’t other, equally important strategies and business models for certain businesses/institutions (e.g., F/L/OSS or other permissive licensing strategies, non-proprietary development and release strategies, and the like). Certainly, there are billion-dollar businesses built with, or on top of, non-proprietary models. But, let’s be clear, even those businesses own patents and/or belong to patent defense organizations in order to protect and to defend their business interests and their market position against aggressors. Bottom line: No matter your philosophical perspective, patents are a fact-of-life. In my professional experience, at some point in time or another, nearly every business will have to consider the impact that a patent will have on that business.

Now, let’s look at a few supporting examples from the patent universe:

Patents and IP have become part of the mainstream national dialog. One need only look so far as a daily newspaper or online news feed to see significant IP issues being reported. Patent policy is now central to our national debate surrounding U.S. technological, economic, environmental, energy, medical, and political leadership on the international stage.

No longer are patents the exclusive domain of inventors, patent owners, and patent attorneys. Rather, the active patent domain now includes the voices of economists, public policy experts, valuation experts, traditional investors, speculators, accountants, practicing and non-practicing entities/institutions, open source communities, journalists, social media influencers, and the educated public (to name but a few).

IP and patent topics increasingly are being taught in undergraduate and graduate level business classes— future business leaders will be required to understand and be comfortable with these topics, their application and use. Sophisticated shareholders will demand it of them.

Patent portfolios have garnered significant valuations (and have captured significant pubic attention) during asset sales by distressed companies, and as offshoots of patent portfolio pruning decisions/ strategies by large companies.

Patents are collected, traded, pooled, and aggregated, both as defensive and as offensive weapons in increasingly sophisticated, high-stakes litigation arsenals.

Patents underpin the commercialization epicenters of many industries by virtue of their inclusion in industry essential standards, as administered by powerful standard setting organizations.

Patents can be the centerpieces of research universities and hospitals, public institutions, governmental research, medical, and scientific agencies (think: NASA, DOE, DOD, NIH, CDC, USGS, etc.) and the like, providing significant licensing revenue, opportunities and leverage for collaboration with private industry, justification for ongoing funding, prestige, and political influence. Patents enable governmental agencies and public institutions to meet public technology transfer laws and regulations, which can speed public adoption and use of new technologies developed with public funds.

Patents form a basis for Federal Trade Commission exclusion orders protecting U.S. business interests from foreign encroachment. Patents act to exclude unauthorized/counterfeit products from entry into the country via U.S. Customs border enforcement.

Historically, patents have been considered to be (and have always been treated as) assets.* Of course, assets have value, and that value can significantly and favorably affect the current and long term balance sheet of a company or institution. Patents can be bought and sold, licensed, or otherwise monetized through contractual vehicles with third-parties.

As well (and although under current attack in Congress), there may be favorable tax treatment for some kinds of patent-related transactions. The fact that a company has applied for a patent can provide an appropriate factual and legal framework for the company to capture R&D tax credits, training credits, and the like.

Patent/IP valuations and derived revenue streams can be a significant component of an exit strategy, a merger/acquisition transaction, and, as discussed above, as a contribution to the bottom line of a company or institutional balance sheet.

In some circumstances, the principal value of a patent, or of a patent application publication, may be in its use as a defensive publication (another topic for a future post). In some cases, defensive publications can help secure an open, fair space for innovation, research, and development by ensuring that resulting developments, technologies, products, and services cannot be claimed in later-filed, third-party patents. This can help limit the impact that aggressors, dominant market participants, and the like, can have within particular industries and/or market segments.

As well, a pending patent application can provide a vehicle to protect future rights to file additional, extended, or expanded-scope patent applications claiming priority of inventorship to the pending patent application. This can be important in order to protect potentially unforseeable, but important developments of the technology, and to help defend against market and/or technology interlopers.

These considerations are only a few that immediately come to mind – the tip of the proverbial iceberg, if you will.

As one of the key benefits of patents, and as one of the main take-aways of this article, I want to talk for a moment about the following:

For young companies, for small-to-medium sized companies, and for fledgling technologies, patents have always provided, and still provide, economically valuable runways to market. Companies often want — and need — these legal runways to attract investors, to keep competition at-bay, to keep from being blocked-out of their own technology development arcs by the developments of others, to feed the market’s perception of cutting-edge product innovation, and the like.

In fact, some clients view the “Patent Pending” designation as one of the most critical factors for their business operations. For such clients, ultimately securing a patent would be a fantastic outcome; however, the 3-5+ year “Patent Pending” runway can often prove to be much more important and valuable. The reason is that the “Patent Pending” runway can give them the much-needed time to launch and commercialize their product, to form business-critical relationships and negotiate favorable deals, to create innovative new product categories, and to establish their competitive position as a market or product category leader, all while dissuading competitors from copying and from early market entry. Thus, sometimes, the patent pending phase can be more important than an ultimate grant of patent rights (for other reasons that I’ll discuss below).

Now, as I’ve stated above and in my prior post, it’s not all sweet-smelling roses, gold nuggets, and sparkly diamonds. There is a really big elephant in the room ….

The biggest complaint and objection I hear is that it is “so expensive and risky to litigate” a patent. Let’s be crystal clear: this absolutely is true. You’ve all heard the statistics (if not, Google® is your friend): even “simple” patent litigation can be a multi-million dollar undertaking. Again, I’m not blind to the economic and business realities that must be weighed in making a decision to litigate (or not), but I would respectfully submit that none of us have a crystal ball telling us what the competitive future holds.

Although litigation -based enforcement/defense actions sometimes are an option (or may become an unfortunate business necessity), litigation is not a given in all (or even in most) situations. Consider, however, that it may be better to have the nuclear option available if and when you need it, than to be left exposed, dangling, and without leverage. Let’s be clear: patent litigation is expensive and volatile for everyone involved. Given that fact, the spectre of patent litigation often is enough to turn a deal, or to discourage a competitor.

In my prior post, I lamented that the U.S. patent system can be “dysfunctional; erratic; unpredictable; unreliable.” Notwithstanding, it is clear from the many, significant discussions happening today amongst legislators, industry leaders, public watchdog organizations, inventors, businesses and institutions of all kinds and sizes, and the American public, as well as from the cases coming from the courts and administrative agencies, that today’s frustration with the patent system will lead to an eventual swing of the pendulum and a systemic correction. But it won’t happen overnight, and it won’t be without winners, losers, political fallout, and a great deal of metaphorical bloodshed.

No one in this space is blind to core economic and business realities — dollars and cents will always be invested in accord with a risk/reward calculus. The patent system has never, ever been perfect; nor has it ever been an inexpensive forum or vehicle. Patents have always been the subject of sophisticated legal, governmental, and commercial interplay; and domestic and international patent policy and strategy has become ever more sophisticated and complex over time. Patent needs, strategies, and interests between certain stakeholder industries have become notoriously contentious, well-represented by lobbyists and lawyers, and, often, are seen as incompatible within a uniform, cross-industry national patent policy.

Given our current political, legal, and commercial environment, we certainly don’t know how some of these traditional and evolving strategies will play-out over time in a patent system that remains in flux. But each core patent strategy discussed above has a long and precedential history in the U.S., both from the commercial and the legal perspective. “Old habits die hard,” especially when the underlying practices have proven so commercially valuable and successful.

For the reasons illustrated above, you can bet your bottom dollar that companies and institutions will continue to view the patent process as a long-game strategy. They will continue to invest in R&D, and they will invest in protecting their resulting IP. They will keep their options open, and they will develop ever more innovative legal and commercial strategies to enforce, defend, commercialize, and monetize their products and the IP that supports those products.

And the patent system will continue to ebb, flow, bend, pivot, and adjust. That is the beauty of our American system of law and business. Notwithstanding the current environment, Chicken Little, the (patent) sky isn’t falling.

The question of whether a company can “afford” to work in today’s patent system must be balanced against the long-view potential for, and the strategic uses of, the resulting IP. Although there can never be guarantees of success, perhaps the question should be, “when we consider the long-game for this technology, this industry, and our particular commercial/ institutional interests, can we afford NOT to take advantage of the benefits and opportunities provided by today’s patent system?”

As always, thanks for reading!

*But, see, Energy Services LLC v. Greene’s Energy Group, LLC, U.S. Supreme Court 2017, No. 16-712. Many of us believe that the outcome of this case will be one of the most important patent cases to-date in U.S. history. Squarely at issue is the question of whether patents are to be treated as private property rights, with all of the attendant legal protections to which all other traditional private property rights are entitled. I’m quite sure we’ll come back to this case in a separate post.

Why Your Brand Can Hedge Against an Uncertain Patent System

The US patent system is mostly broken.”

Me

If that diagnosis is wrong, I would venture to say that the current US patent system certainly is dysfunctional; erratic; unpredictable; unreliable. It can cost a King’s Ransom to even try to play. And, forget about trying to figure out if you’ll win (and what that might cost). For the curious, there’s an eye-opening post over on the industry-respected blog, ipwatchdog.com, that you might want to read: http://www.ipwatchdog.com/2017/10/30/ptab-patent-trolls-bad-patents-wakeup-aia-apologists/

IMHO, the system won’t self-correct anytime soon (if ever). The days of efficiently-achieved, presumptive, broadly-scoped exclusivity offered by the patent system are largely over, at least as viewed through today’s lens. Perhaps the pendulum will swing, but the return to sanity and predictability likely will take years*.

Then, what does one do today to protect one’s widgets**, investments, and market share? There is no single answer to this significant and perplexing question (and, certainly, the following is not to be taken by anyone as legal advice without first consulting with your own attorney based upon your own particular facts and circumstances. And, yes, that includes discussing the pros-and-cons of pursuing and building a patent position. Apply individualized, informed decision-making, folks.).

Nonetheless, …

Let’s take a shot at a possible—albeit, a somewhat incomplete and perhaps unsatisfactory—answer for some businesses:

Wisely choose and legally vet “Your Brand.” Don’t shortcut this step. Iterate if necessary. Register “Your Brand.” Then, brand everything. “Your Brandis everything. Launch first*** and launch large. Fight to build and protect “Your Brand.” “Your Brand” is what sells. “Your Brand” is what defines your market position.

Everyone else sells widgets. “Your Brand” is what sells your widgets.

Over-simplified? Resoundingly, yes. A starting point worth considering? For sure.

 

* Remember, the life of a fully maintained U.S. utility patent currently is 20 years from the date of first filing (note that there are caveats and exceptions to this rule); the life of a newly filed U.S. design patent currently is 15 years from the date of issuance (again, with caveats and exceptions). For recently and newly issued patents, this gives me hope that there will be enough useful, enforceable life remaining to navigate these patents through the “pendulum period” discussed above. We’ll see. In the meantime, please consider calling or writing your Congress persons and telling them how this broken U.S. patent system is affecting you and your business interests.

** If appropriate, substitute “goods,” “services,” or “technologies” in lieu of “widgets.”

*** By this, I mean, launch during that magical, mystical time that occurs only after filing that patent application you are going to talk to your attorney about, but still before your competition launches. Yes, it remains a race to protect and a race to market.

Interview by Shawn D. Andrews: What Does a Reputable Intellectual Property Attorney Want in a Paralegal?

I am honored to have been interviewed by Shawn D. Andrews regarding the important contributions a paralegal can make to an IP-specific legal practice.

Shawn: What are 3-5 specific skills an IP paralegal must have in order for you to consider hiring them?

Barry: Required skills 1-10 are “attention to detail.” This is a complex practice area, with more than its fair share of pitfalls. Almost every filing we make is online with the USPTO’s and the Courts’ secure electronic filing systems. There is almost no margin for error in any filing or docketing procedure.

Shawn: What job duties and or expectations would you require of an IP paralegal?

Barry: It cannot be understated that the IP paralegal is the right hand person of their supported attorney(s). A skilled paralegal maintains the attorney’s calendar and individual docketing system/s, prepares filings, works with the attorney on document revisions, undertakes required filings, ensures files are properly maintained, meets and communicates with clients, and so much more.

Read the full interview here.

And, of course, another big shout-out and thanks to Shawn for another great interview! Check out Shawn’s bio on LinkedIn. Shawn may be reached by email at sandrew24@att.net, or by phone at 770.709.8905.

PodCast Announcement: Shawn D. Andrews’ The World of Intellectual Property

I am very happy to have been a guest this week on Shawn D. Andrews’ podcast entitled, The
World of Intellectual Property. We discussed topics including:

• How IP protection is important to entrepreneurs and corporations;
• Why intellectual property is trending today;
• A day in the life of an IP attorney; and
• The future of IP.

The podcast runs about 12:42. I hope you will be able to take time to listen!

And, of course, a big shout-out and thanks to Shawn for having me on her podcast! Check out
Shawn’s bio here. Shawn may be reached by email at sandrew24@att.net, or by phone at 770.709.8905.

21 Ways That A Strong Intellectual Property Position Can Help Your Business Grow and Succeed

A strong IP position can often enable a company to recognize one or more of the following benefits; e.g., the ability to:

  1. Defend markets (sales);
  2. Grow market share (revenues) through product differentiation;
  3. Diversify product lines;
  4. Increase valuation;
  5. Leverage sales;
  6. Decrease risk profile;
  7. Quiet or dampen competitors activities;
  8. Increase maneuverability in relevant markets;
  9. Enhance branding, marketing, consumer preferences, and good-will;
  10. Open new markets for protected products;
  11. Increase access to passive revenue;
  12. Increase attractiveness for favorable exit;
  13. Open new opportunities to partner/ joint venture with others;
  14. Increase defensive asset base;
  15. Enhance opportunities for collateralization of assets;
  16. Enhance succession/ wealth transfer planning;
  17. Secure competitive tech/ product position;
  18. Block competitors from moving into adjacent/ancillary/expansion product markets;
  19. Attract investors;
  20. Secure (more) favorable business agreements;
  21. Increase company’s attractiveness to talent/employees;

And more . . . If you’d like to discuss this topic in greater detail, please call!

What’s In A Name? (And Five(-ish) Things You Should Consider Regarding Yours)

Hi, Everyone!

Today’s topic poses an important question—and perhaps one of the very most important questions—impacting the success of any business: “What is (or what should be) the name of the business?” More accurately, the better question might be, “Does (or could) the selected name have value to the business and to its long-term success; and, if so, what should we do to enhance and to protect that value?

I suspect every reader would instantly recognize names like Apple®, Dell®, Microsoft®, Coke®, Hilton®, McDonald’s®, and Applebee’s®. No, I don’t represent any of these distinguished brands, and no, I’m not affiliated with any of them in any way other than, perhaps, as a customer and/or consumer. But used to illustrate the point, these “names” are, in fact, well-respected, exceedingly valuable, branded assets for their respective owners. In this context, it isn’t hard to understand, immediately, what’s in a “name.” And we all would recognize that the respective owners aren’t shy to enforce their rights in these valuable brand names. My premise in this article is that every business can, should, and/or might be forced at some time to consider their brand(s) within this same kind of legal context.

For those with knowledge of this topic, the article’s question touches upon brand identification, management, protection, and enforcement. In legal parlance, we’ll be discussing the body of law dealing with trademarks and service marks (which, often, are just called “marks”). Certainly, the well-heeled branding of a business, product, or service encompasses more than its name alone. Branding can also encompass stylized marks, design -based marks, logos, phrases, trade dress, product configurations, and a host of other business identifiers that, under appropriate circumstances, may be protected. In future posts, we’ll try to revisit this topic and expand the discussion to consider additional legal context surrounding some of these other types of brand identifiers.

It might interesting at this point in the discussion to point out that trademark law can be a slippery, difficult beast to wrangle. U.S. trademark law derives, in part, from our colonial period, during which time we took some of our law from the British system, which, in turn, had taken some of its roots from the Medieval system of guild symbols and guild marks. Today, the bundle of rights attendant to ownership of a trademark may be derived from one or more of common law, state law, federal law, and/ or international law.

And, yes, this topic can become complex and complicated. Necessarily, this article is limited in scope, is general in nature, and is not to be construed as legal advice. Because the circumstances and needs of every business are unique, you should always consult with a knowledgeable attorney regarding any particular circumstances and/or questions that might arise. From that conversation, you should be able to make an informed decision as to whether this topic is relevant for your business and, if so, you should be able to develop and implement an appropriate set of actions to meet your business’s needs.

The purpose of this article is not to delve into the minute details of trademark law and theory; rather, the purpose is to raise the business owner’s awareness of what really can be “in a name” and to offer ways to think about the value and importance of that brand name to the business. The idea is that, from appropriate reflection on these points, a business owner may be able to better understand the value of the business’s brand(s), and to work with legal counsel to develop a plan by which to manage, protect, and enforce the business’s rights in its important brand(s).

So, let’s dive in.

First, let’s recognize that the brand name we’re discussing here—a trademark—is not necessarily the same as the company’s name. They might be the same, but they don’t have to be; and, often, they aren’t. We don’t have to look very hard in the media to find examples of brands being bought, sold, transferred, consolidated, merged, and the like, on a fairly regular basis. A brand is often owned by a company with a very different name from it and from the various other brand names within the company’s particular portfolio. So, whether from inception or from subsequent transfer, a brand name and the owning company’s name may be different.

Let’s consider what a brand name (“trademark” or “mark”) really does in an every-day, hopefully easy to understand, way. From a legal perspective, a trademark allows a consumer of the relevant product or service to identify the “source of origin” of that product or service. That is, when I purchase a McDonald’s® -branded hamburger, I know exactly where it came from, and/or under who’s authority it was sourced, produced, and distributed. In the unlikely event that there is a problem, I know where to go to seek a resolution. In the likely event that it is fantastically delicious, I’m a happy customer spreading the word, influencing friends and neighbors, and frequenting the brand forever.

So let’s break that down a little more. Wrapped-up within a trademark is its consumer’s assessment of the brand’s reputation, status, and stature. Wrapped-up, as well, is the consumer’s perception/ expectation of quality and/or some other important characteristic(s), such as, for example, the brand’s reputation for excellent customer service, responsiveness, favorable exchange/ return/ warranty policies, open communications, and transparency; its commitment to environmental responsibility and/or social causes; its economic strength and longevity; its industry influence; its reputation for innovation; its “coolness factor;” and a host of other attributes that speak to the brand’s loyal customers through their recognition of, and identification with, the brand and what it stands for. Companies hope (dare we say, bank on the fact) that favorable brand reputation will result in significant consumer purchasing preferences for the branded product in the face of often stiff competition.

Sales. Repeat business. Likes. Shares. Spread the word. Buy our products. Companies spend vast resources to promote, enhance, and defend their brands because of the “good will” that has been established in the brand over time. And, let’s be honest, ignoring or mismanaging an important trademark can make-or-break a company of just about any size, from start-up to mega-conglomerate (is that really a thing?).

So, hopefully, I’ve made my case and you agree that your trademark is (or can become) one of the most valuable assets in your business. Assuming you agree with me (and with a host of other experts across nearly every industry you can imagine), let’s ask a few questions:

  1. How would you feel if someone were to copy your brand and/or brand name? To counterfeit your branded products? To trade off-of your brand’s reputation? To improperly use your brand name to cause confusion, mistake, or deception in the market place amongst similar products competing for your customers?
  2. Would such activities cause damage to your brand? To your business? To your profits? To your brand’s reputation? To your ability to generate future profits from the brand? To your ability to defend your brand into the future against other bad-actors? To your ability to compete fairly and on an even playing field? To your ability to license and/or franchise your brand, now or in the future?
  3. What would you want to do in such circumstances? Wouldn’t you want to have legal recourse?
  4. How would you feel if you were to adopt a mark (even if innocently) that was later accused by a competitor of infringing that competitor’s mark? Could you afford to defend against a legal proceeding? Could you afford to re-brand your business, whether voluntarily or by legal mandate?
  5. Can you see how vetting and acquiring trademark rights as early as possible might be important and advantageous?
  6. Of course, I’m not trying to play upon anyone’s fear or insecurity. Nonetheless, as an attorney, I’ve seen some pretty difficult situations arise on both sides of this particular issue. My (admittedly biased) professional view is that taking the decision to ask these questions and to implement appropriate legal strategies as early as possible in the business’s (and/or brand’s) life cycle can be more than beneficial. Sometimes, it can be a “bet the company” kind of decision.

So, what are some of the actions that an attorney might recommend to address these considerations? Let’s look at a few:

  1. Undertake a careful selection and vetting process for every new mark. There are many pragmatic and legal reasons to do so. For example, undertaking a formal trademark search and clearance process can help to mitigate the chances of adopting a mark that could be deemed to be infringing upon another’s mark. As well, it can provide important information bearing upon the potential strength of the proposed mark once it has been adopted and used in commerce. If the mark has already been used, it can provide important information bearing upon the scope of rights to which the mark’s owner is already actually and/or potentially entitled. Still further, it can provide the basis upon which prudent decisions can be made for using, protecting, enforcing, and defending the mark going forward.
  2. Once a mark has been selected and appropriately vetted, one can make decisions regarding use, identification, and labeling of the mark in advertising and marketing campaigns, branding, store front signage, collateral materials, packaging, web- based uses, and the like.
  3. Once a mark has been selected and appropriately vetted, one can make decisions regarding the desirability of filing of application(s) for registration of the mark before appropriate state, federal, and/ or international authorities. If such filings are to be undertaken, decisions can be made and effectuated regarding the scope of rights to be sought, the appropriate processes and procedures for doing so, the benefits and risks of doing so, the attendant costs, timing, and the like.
  4. Once a mark has been selected, appropriately vetted, and used, one can make decisions regarding policies, procedures, training programs, and the like, for in-house and third-party uses of the mark. One can make decisions about policing, enforcing, and defending the mark into the future.
  5. Once a mark has been selected, appropriately vetted, and used, one can make appropriate decisions regarding management and disposition of the trademark asset, its valuation, and its broader commercialization and monetization.

These are, of course, only representative of some of the recommendations, considerations, and decisions that might arise in the life-cycle of a particular mark. Again, and as always, there is no substitute for conferring with an attorney regarding these kinds of matters.

I hope this article has given you a bit more perspective regarding your important trademark assets. I appreciate your having read and considered it. As always, don’t hesitate to get in-touch with any questions, comments, suggestions, etc.

Barry

Inaugural Post

Hi, Everyone!

Thanks for stopping in to read this inaugural post. The first order of business is an advance mea culpa. I’ve never tried to run a blog before, so please bear with me as I get my proverbial legs under me with content, format, style, and logistics. I’ll do my best to make this blog interesting, relevant, timely, and informative.

The second order of business must be the inevitable cautions and disclaimers regarding any of the information you may read in any of our blog posts or anywhere else on this website:

The material on this website does not constitute legal advice, nor does it create an attorney-client relationship between you and any attorney in the Firm. You should always seek the informed advice of an attorney before entering into any legal transaction, when ascertaining your own or another’s legal rights and/or responsibilities, and/or when contemplating litigation. The Terms of Use of this website also govern your use of this blog and the information contained in it. Please note that we may not be licensed to practice law in your jurisdiction; accordingly, nothing on this website or contained in this blog is intended to be, nor shall be, construed as an offer to provide professional legal services to anyone outside of the jurisdiction/s in which we are duly licensed to practice.

With those matters out of the way, I thought I’d try to define my initial vision for this blog:

In future posts, I’m hoping to be able to discuss some of the more universal questions that arise in my practice. For those questions, I’ll try to give some thoughts as to the kinds of information that might be important to have when weighing certain courses of action, the typical risk/ benefit considerations that seem to arise, some of the best practices I observe related to the topic in relevant industries, some pragmatic considerations to offset the purely legal, and any other thoughts I can offer to help the interested reader consider the topic in an informed way.

As well, I’ll try to give non-technical, non-legalese synopses of important intellectual property (“IP”) -related cases (and perhaps other interesting cases) that I see coming out of the courts. I’ll also try to discuss important IP -related legislative and regulatory happenings, including those at the United States Patent and Trademark Office (“USPTO”).

As an engineer and a patent/ technology attorney, I’m a self-confessed, card-carrying geek. You might expect me to periodically toss-in an article or two regarding the more interesting technologies that we try to use and/or actually use in our practice. Perhaps our experiences will help inform our colleagues’ thoughts and efforts as they, too, try to enhance their respective practices through the adoption of new technologies.

I’m hoping, of course, that the practice will continue to grow—albeit organically and carefully—so that we can better serve our clients. If/ when/ as that happens, I’ll post important announcements about what we’re doing in the practice that (we hope) will have a positive impact.

From time-to-time, we’ll try to branch out of our subject matter skill-set to offer a platform for guest posts that we think would be of interest to our Firm’s clients. Perhaps we might use an interview -type format for some topics; a pure blog post format for others.

Always, if there are things you’d like to see here—particular topical information, guest discussions, anything really—please drop us a note and we’ll see what we can do to accommodate. We welcome your ideas and feedback, so that we can make this an increasingly valuable resource for our readers.

Similarly, if you’d like to see the blog enabled for your RSS readers, for email delivery, or the like, let us know. Our goal is to deliver the info you want to see in the format that you’d like to see it.

Thanks for reading. I hope you’ll enjoy what you find here.

Barry