rethink(ip)

Rethink(IP) Needs Some Help

Posted by Douglas Sorocco at May 30, 2005 11:50 AM

Help!

We need your help.  We are looking for a programmer who can do some nifty tricks with the Google Maps API and data points — a la the Google Maps/Craiglist functionality released by Paul Redemacher.

So – if you know someone or you are “someone” – drop me a line at douglas.sorocco@gmail.com.  I would appreciate if y’all could spread the word far and wide!

Thanks!

 

Rethink(THIS!) Hucksterism

Posted by Douglas Sorocco at May 29, 2005 08:04 AM

Are you a huckster or a hack?

Rethink(THIS!) a giant sucking leech

Posted by Douglas Sorocco at May 28, 2005 03:20 PM

 

Yikes, and I always thought Microsoft’s reputation was bad…

… whatever you think about patent law, as a longtime businessman I’m pretty convinced that the IP law profession, while it contains many good and intelligent people, is collectively a giant leech sucking money and time out of the community of innovators.

Thanks (I think) to Al Robert for the link

 

 

 

staring into the gates of hell

Some ramblings that have been going through my head the last couple of days…

Sparked via Barry Moltz's blog:

Mary Schmich wrote an article yesterday in the Chicago Tribune.

Thoughts on the growth of the Middle Coast for legal services - its more than just our lack of rosewood conference tables

Posted by J Matthew Buchanan at May 25, 2005 10:17 AM

Look at this money quote from Doug’s excellent post on PHOSITA yesterday:

The firms in the “middle coast” are expanding to fulfill a real need: client driven legal services, alternative billing and compensation systems, sanity concerning the number of billable hours required, and service. 

Companies are no longer willing to pay sky-high rates in order to subsidize $100+ per square foot office space rates, unsustainable associate salaries and rosewood conference tables. 

Is that good stuff, or what?

Doug’s post made me think a little deeper about the “middle coast” concept.

Why is the middle coast growing as a destination for legal services work?

I can at least offer a theory as it relates to patent work.

The new expertise has landed in Toledo…and Oklahoma City, and Boise…and Anytown, USA.

Corporate counsel continue to get hammered on legal expenses.  For patent work, India is an option but most corporate counsel that are in a position to consider it are worried about the quality of the craftsmanship.  They’ve been through a patent litigation or two (or twenty) and understand the importance of quality craftsmanship.

The hammering continues, so they slowly look for other options.

And there we are, right in the middle….offering the best of both worlds:

lower expenses (ask — you’ll be amazed!) with the same level of expertise.

I’m willing to guess that the difference in expenses has probably always existed.  But, I think the expertise issue has changed dramatically over the last decade or so.  I’m not referring to expertise in substantive patent law and practice — small firms in the middle coast have always had a high level of legal expertise.  No, I’m talking about technical expertise.

In the past, technical expertise meant engineers.  Lots of engineers.  And physicists.  Middle coasters had access to these people and therefore had the technical expertise that allowed them to compete.  But, in the last 30 to 40 years, the requirements for technical expertise have changed.  Now, patent firms must offer skills in biology, chemistry, computer science, and other developing fields — the new expertise.

Over the last several decades, big firms seemingly had a lock on this new expertise.  They gobbled up newly minted lawyer-PhD's in all of these new fields.  They took their push for the new expertise even further by hiring squads of non-lawyer PhD’s and resurrecting patent agent practice in the process.  For awhile, the middle coasters couldn’t compete…geography, money, culture and many more criteria heavily favored the big city.

But that’s changing.

All of a sudden, experts in these new fields are staying in the middle coast.  For some, the middle coast is home, making it an easy decision.  For all, its a different way of life — the sanity Doug mentioned in his post.  Have you heard?  We’ve got PhD microbiologists in Toledo now (and I’m not just talking about my wife!).  Doug has ‘em in Oklahoma for crying out loud.  That’s a little tongue-in-cheek, of course, but the point is that big cities — and big firms — no longer have a lock on the new expertise.

This changes everything.  All of a sudden, when big city and middle coast firms are compared, the spotlight shines almost exclusively on expenses, which is where we really shine.

There is another feature that attracts companies to large firms (which are typically big city firms) — raw capacity.  You want 35 associates to handle your patent prosecution needs?  There’s a big firm or two (or twenty) that can do that.  In fact, they’ll make sure those associates start on it tomorrow evening.

None of our firms, individually, can do that.

But our network can.

 

 

Rethink(THIS!) Eyeballs in Phones are Creepy

Posted by Douglas Sorocco at May 24, 2005 12:20 AM

I’ve missed a couple of TGIFs – those of you who are not late night tv-a-holics, let me just say that this is one of the best TV to Web commercials I have seen.

Creative.  Very creative.  Eyeballs in telephones.  Creepy.  Very creepy.

Who do you serve?

Posted by Stephen M. Nipper at May 22, 2005 09:26 PM

Following up on Doug's earlier post on billable hour calculators, I see that Richard A. Hall of the Managing the Business of Law blog, talking about the same topic, commented:

Counting hours has absolutely NOTHING to do with serving the client, and EVERYTHING to do with serving the firm.

How true is that?

Did they really say that?

Posted by J Matthew Buchanan at May 20, 2005 09:37 AM

Its Friday.  Let’s have some fun.

Here are some famous quotes about technology.  The person behind each and every one, as I think you will agree, would have benefited from a little rethinking before uttering their famous quip:

• This ‘telephone’ has too many shortcomings to be seriously considered as a means of communication.  The device is inherently of no value to us.” – Western Union internal memo, 1876.
• Heavier-than-air flying machines are impossible.” – Lord William Kelvin, president, Royal Society, 1895.
• No flying machine will ever fly from New York to Paris.” – Orville Wright.
• Who the hell wants to hear actors talk?” – H.M. Warner, Warner Brothers, 1927.
• Louis Pasteur’s theory of germs is ridiculous fiction.” – Pierre Pachet, professor of physiology at Toulouse, 1872.
• The wireless music box has no imaginable commercial value.  Who would pay for a message sent to nobody in particular?” – David Sarnoff’s associates, responding to his interest in investing in radio in the 1920s.

These are my two absolute favorites:

• Everything that can be invented has been invented.” – Charles H. Duell, commissioner of the U.S. Office of Patents, 1899.
• There is no reason anyone would want a computer in their home.” – Ken Olsen, president of Digital Equipment Corp., 1977.

 

Listen to your momma

Posted by Stephen M. Nipper at May 18, 2005 11:22 PM

When I got home earlier today, sitting in the mailbox was a package from another attorney in town. "Self," I said to myself, "that's odd."

The attorney is an acquaintance...someone I know, but not well. He has a good firm, does good work, and is well thought of.

But a package?

Odd. I opened the package. Inside was a book, wrapped in gift wrap, and a "thank you for the referral" letter.

I frequently refer clients to other attorneys. It's part of being a rethinker...being involved in your clients business and/or being a good enough listener to the people around you so you can help refer them on to the help they need. I'm a helper. I'm a networker.

The letter was a nice touch. It is something that I myself do...sending "thanks for the referral" letters. But a book? What kind of book? I didn't even have to open the package...I was already touched that he would send a letter. Imagine my surprise when I unwrapped the book and found a moleskine. Amazing...it was like he read my mind. Since seeing Sorocco lugging one around at TechShow I had been drooling over them. Doug has blogged about his moleskine love before.

A moleskine. Nice touch. Great call. Any chance I might remember him the next time I have a referral in his area of the law????

So. When was the last time you sent a colleague a "thanks for the referral" letter (didn't your momma teach you to say thanks)? It may be the best 3 minutes you spend this year.

Battle of the Sexes?

Posted by Stephen M. Nipper at May 17, 2005 01:31 PM

Following up on Matt's earlier post on "change" in Fast Company magazine ...

One of the articles that caught my eye was "I am Woman (I Think)." In that article, blogger Jory Des Jardins (blog) discusses her experience in working in a male dominated business. She observes that men (what a rethinker would call "old school") think that business must be done by "taking control of conversations" with clients (instead of listening) and that business deals are won based on "chutzpah, because we were aggressive, because we had balls."

She didn't agree. She wanted to rethink how business was done. She wanted to listen to clients. She wanted to build relationships instead of bossing clients around. She just didn't fit in...rethinking herself out of a job (she quit).

So...a question. Is this issue "old school" vs. "new school" (rethinking) OR is it men vs. women?

Odds of change are dismal - bad news for the rethink(ip) team?

This month’s issue of Fast Company magazine (a rethinker’s favorite) includes an excellent article on change.  It opens with a simple question — what if you really had to change?  I mean really change.  As in, your life depends on it.

The odds, according to FC, are a dismal 9 to 1.  “That’s nine to one against you.”

Lot’s of facts and figures to back it up, too.  Apparently 90% of heart-bypass patients can’t change their lifestyles…despite the health (and vitality) risks presented by continuing with current behavior.

Wow.  Must be frustrating to be a cardiologist.

Are these odds bad news for us rethinkers?  After all, we have a lofty goal of changing the practice of intellectual property law.

Each of us knows that change is tough.  It’s not accomplished overnight and it’s usually somewhat painful.  But, with hard work and a continuous effort that always keeps an eye on the prize, it can be accomplished.  And when it does happen (or, more appropriately, when the ‘changers’ realize that it has occurred), it can be beautiful.  And powerful.

Yes, I said beautiful.  Think about it:  Tivo.  Minimally-invasive medicine.  The Simpsons.  Satellite radio.  iTunes.  Blogging.  Plastic.  Hybrid vehicles.  Camden Yards.

So, no, we don’t view the odds against change as bad news.  They are simply the scope of the challenge.  It’s a big one, we’ll admit that, but it’s not like we’re dealing with life and death decisions…

…are we?

 

 

 

Goading Success

Posted by Stephen M. Nipper at May 13, 2005 08:36 PM

Are you a spark plug for your clients? Management Craft's recent post on "Be a Catalyst" puts it this way: "We can add a lot of value by being a positive catalyst." She's right!

As IP attorneys, we are in a unique postion where we can be a catalyst...inspiring our clients, motivating them, spurring them onwards. Greatly increasing their chances of success.

OR...we could just sit there like bump on a log.

Which is it going to be?

[Via BizBangBuzz]

Rethink(THIS!): Afraid of getting "point 3'd" to death?

Do you hesitate to call your patent attorney to update him on something on fear of getting a bill for 0.3 hours?  Why does Dick Vitale’s voice permeate my head whenever I think of this problem?

“You just got 0.3’d baby!”

I bet Dickie V would look for patent counsel who doesn’t like to shoot the ‘trey so often.

 

 

Rethink(THIS!) -- How Many Hours Are You Being Billed to Meet "Quota"

Posted by Douglas Sorocco at May 11, 2005 05:28 PM

If you are a general counsel or other purveyor of legal services and you want to know why you get billed 2 hours for something that should take 15 minutes, have a look at this calculator. 

Ask your firm what the billable hour requirement is for their associates, add 200 hours to that number (what associates really need to get their bonuses), assume they get to work at 8am, with an hour lunch, three weeks vacation and no holidays.  Then assume they can’t bill 1–2 hours per day.  Hit calculate.

Scary isn’t it.

My questions:  Why would (1) anyone want to work in such a situation and (2) why would anyone want to hire a firm or lawyer who works in such a manner?

via The [non]Billable Hour

Hot for teacher

Posted by Stephen M. Nipper at May 10, 2005 11:11 PM

Matt's post from yesterday has prompted me to return to my draft post on "Homework for clients."

I hate giving secrets away...but blawgers do it every day. Maybe it is low risk because most of the people reading blog posts drink the Kool-Aid too (a.k.a. fellow ostrich farmers). Either way...here's one of my better tips from the past year.

Give your clients homework. You heard me, give them homework. Sure, there are some who don't need homework...but a vast majority of them can really benefit from some assigned reading.

I have three favorites (I could go on and on about books, but this post is about the concept, on the content).

When I have a client who is struggling with branding and selling their product/service to others, I frequently recommend Karen Post's book "Brain Tattoos: Creating Unique Brands That Stick in Your Customer's Minds." I know Karen via Homann's Think Tank Tuesday, and the book is dead on. That is exactly what clients need to understand...the importance of having a brand and burning that brand image upon the brains of your customers. Amazon.com Link

Another great book that you should consider recommending to clients is "Creating Consumer Evangelists: How Loyal Customers Become a Volunteer Sales Force." Most of your clients have customers who are rabid. Why not suggest a book that would help your clients harness that power? Amazon.com Link

Finally, a blog post that is a psuedo-book. Paul Graham's "How to Start a Startup." Oftentimes, I have clients who are at that point of learning "Venture Capital 101." Graham's article/post is one of the best I have ever read for explaining the process, not in legalese, but in plain English.

So there you have a handful of my favorite resources. Now, do your clients a favor and invest some nonbillable time in recommending to them books, articles and blog posts which can help them. You will be amazed with the "thank you" responses your clients give you.

The comments are open (until I start getting spammed) if anyone else wants to plug their favorite client resources.

Entrepreneurs, The Big Idea and The Next Step, or "Have you hugged your local entrepreneur lately?'

Yesterday, as I was feeding my addiction to business and legal news by listening to CNBC via XM radio in the car, I caught an interview with the Small Business Editor at the Wall Street Journal.  It was a little piece of business “fluff,” but, for me, it was quite revealing.  The piece included a discussion on the early steps entrepreneurs should take to advance their “Big Idea” toward a successful business.

Where should entrepreneurs turn for help with the basics of starting a business, asked the host.  Not surprisingly, the guest did not mention patent attorneys.

This is when it hit me:  Most patent attorneys do not use their position to help entrepreneurs in the early stages of getting the Big Idea off the ground.

As patent attorneys, entrepreneurs often come to us early in the process.  We provide a variety of valuable services, such as conducting patentability searches and infringement analyses, drafting and filing patent applications, and helping people with the patent/trade secret decision.

But, as a group, we do not provide entrepreneurs with needed help in getting their business off the ground…in helping them define and take the “Next Step.”  I don’t intend for us to form businesses and draft operating agreements – that’s not our realm.  I’m speaking in more general terms, such as making connections with accountants, making introductions to other entrepreneurs, helping them locate office space, lab space, etc.

I’m proud to say that my firm routinely conducts these services for people (and I know the other rethinkers do the same).  Recently, I made a connection between the university where I did my graduate work and a client who needed lab space.  A relationship was formed, but no lab space was offered.  So I took it a step further and worked with the local economic development group.  Two months later, my client has lab space in a university building and is working on his Big Idea instead of worrying about finding lab space.

An aside:  All the time I spent making the connections (probably several hours) — non-billable.  Therein lies the answer to the question of why most big firms frown on these “needy” clients and avoid them to the best of their abilities (high “new client” retainers usually do the trick).

The reason my firm does it is simple.  Its a one word (man) answer, as a matter of fact.  Fraser.  Our senior partner, Don Fraser, has practiced patent law for over 50 years, as did his father before him.  His perspective on the practice is that patent attorneys are uniquely positioned to really help the entrepreneurs of this country.  Writing patent applications that cover their invention is only a small part of what we can, and should, do for them.  Entrepreneurism, as Don likes to say, is a limited resource that must be prized and cared-for properly.  It is our responsibility to help in the care for that resource.

Big firms won’t provide these services (some general practice firms may, if the intellectual property partner can refer the “business” matters to a business partner and the time can be billed).  This creates an opportunity for the smaller firms of the world.

Sacrifice some billable time and go hug an entrepreneur today!

Legal Business Development - Providing Real Value to Clients

Posted by Douglas Sorocco at May 8, 2005 11:36 AM

The Strategic Legal Technology Blog has an interesting post highlighting a comment from a reader on the issue of business development (BD) within a large law firm.  The quote below is from the reader:

I spent a number of years in-house with a large financial institution. The focus on market analysis there was huge, analyzing customer segments, determining customer profitability, setting profitability targets, defining strategies for dealing with customers who didn’t meet those targets, etc.

One thing that continues to amaze me about my large law firm (and I suspect that it is not a lot different elsewhere) is the seeming disregard for all sorts of basic business development approaches. It’s as if the lawyers say, “Well, BD means either (1) take the client to a sports event, (2) host an internal CLE event, or (3) speak at some conference, and there is nothing else that I could possibly do to develop business.

They don’t start with the basic cross-selling of their own capabilities to their colleagues, they don’t focus on providing real value to their clients (because a lot of it would involve the investment of non-billable time that the firm doesn’t recognize, even if it pays off exponentially later), and they don’t analyze what they do right (and what the they do wrong!) to determine what things to emphasize (or ditch). And yet these are all intelligent people.

It continues to mystify me (although I believe that the emphasis on the billable hour works to discourage any such activities).

That darn billable hour again – it just keeps coming up as a deterrent to providing innovative and inquisitive legal services to clients.  You could insert the “embedded patent attorney” (EPA) concept into that quote quite nicely and the same conclusions would apply.  In most firms there is no incentive from a billable perspective or from a firm management perspective to become “embedded” in the client’s business.

Wouldn’t it be fun to have a Chief Embeddedness Officer (hmmm… CEO) around.

del.icio.us links for 2005-05-08

• CorporatePR: Generalists: Renaissance People
  Maybe the ultimate embedded patent attorney should be thought of a "renaissance person" - competent in their area of practice and passionate about your business and success. The icing on the cake - they have interests outside the law …
  (tags: metaphors pr renaissance tech service rethinkip embeddedpatentattornet)

Service as a Commodity - What Else is Left? [Rethink(THIS!)]

Hugh MacLeod over at gapingvoid posted this drawing in a post this week – read his post to go along with the drawing.

He raises an interesting series of questions relating to goods – but they also apply to services.

What if everyone completely understood intellectual property law inside and out – what would your intellectual property attorney be able to do, other than outstanding service, that would keep you coming back to them over and over.

Is there anything?

Via Projectified.

Trade Shows and the Embedded Patent Attorney

Posted by Douglas Sorocco at May 7, 2005 09:22 PM

Russ gets it. He just gets it.

I view tradeshow attendance as one facet of an ongoing education essential to the practice of patent law, no less valuable than CLE courses. Keeping up with the basic technology and industry trends is just as necessary as knowing the latest CAFC decision.

I have always been surprised at the lack of intellectual property counsel walking tradeshows (with and without clients).  If anyone out there works in the industry, I would be curious to know the statistics of the number of lawyers attending tradeshows in general.

As Russ mentions, walking a trade show gives you a broader perspective of what is going on in your client’s particular industry – beyond what is in the disclosure document – and jump starts your knowledge of what is happening at the competitive level.

I think it would be fun to use my software program De Jour (MindManager) at a tradeshow – mapping out competing products and potential design arounds/blocking patents would be an interesting brainstorming meeting to have with a client’s technology team.

Doing it in Vegas would just add to the “cool factor”.

Updates on Rethink(IP) - Eavesdrop

We had a snafu on the auto-posting over to the Rethink(IP) – Eavesdrop section this past week that was keeping the posts from showing up on a regular basis.

That is now fixed and our most recent conversations and answers to reader questions are up.

Take a look and keep the great questions coming.

Rethinking Technology ::: A New Adventure with a Tablet PC

I have been somewhat quiet here lately and y’all must excuse me as I have been in tech-geek nirvana – I have been ‘demo-ing’ a Toshiba R15 Tablet PC (obligatory picture at right).

My lust for a tablet pc has not been exactly a new phenomena – I had reviewed the options a couple of years back and decided that the form factor wasn’t something that would be useful at the time.  The screens were too small for my taste, no integrated optical drives etc. 

ABA TechShow and LexThink got me thinking about the whole process once again and I decided to devote some time to exploring the newest generations of the device.  Additionally, Matt and Buzz spent a lot of time talking up the benefits of a Tablet PC – and how can anyone ever refuse Buzz?

Originally I was quite impressed with the new HP TC1100 – I had the opportunity to use one of these devices for a short period of time at LexThink and I was really digging the form factor – a detachable slate/keyboard combination.  The screen was somewhat small for my taste (12”) but I thought the detachable nature would come in handy and alleviate some of the weight while traveling and/or holding the tablet.  I was looking forward to bringing a couple of the devices into my firm for testing but HP didn’t seem to want to work with me – numerous phone calls and emails to sales and support folks went unanswered. 

In the end, everything worked out...  Through further research I narrowed down my choice between the R15 and the Fujitsu t4000.  In the end, the Toshiba’s larger screen caught my fancy and after playing with a display unit at CompUSA, I ordered the R15 directly from ToshibaDirect. 

So, I have a new tool (or toy as my wife would say) to experiment with for a couple of weeks before having to decide whether it will be a useful addition to my practice.  You’ll have to forgive me if I wax philosophical about Tablet PCs the next couple of weeks.

What does this have to do with Rethink(ip)?  Everything. 

One of the goals of Rethink(ip) is to discuss new and innovative ways of serving client needs in the intellectual property realm.  IP lawyers spend most of their time in the trenches with technology and science innovators (well, at least they should be) – any tool that improves  interaction and communication is well worth incorporating into the mix. 

In the short time I have been using the device, I have already seen some tremendous inking possibilities for client work:

• using mindmaps to sketch out patent application components,
• collaboratively drafting documents and disclosure documents and
• using other tools such as Go-To-Meeting and Camtasia Studio to promote collaborative learning and technology development.

The first piece of software to find its way onto my new R15 is MindManager – the integration with the inking capabilities is amazing.  The second piece of software I put on the machine is ActiveWords.  If you haven’t yet tried out ActiveWords, in a nutshell, it will change your practice – just ask Steve, he is doing some amazing patent related things with ActiveWords.

So — I see some patent-centric demos coming down the pike — anyone have any items/projects (non-confidential, of course) they would like to offer up for the cause? Drop us a comment and let us know how you have or would like to integrate a Tablet into your practice.

Rethink(THIS!): Patent prosecution a loss leader?

Posted by J Matthew Buchanan at May 6, 2005 09:45 AM

Does your patent counsel view patent prosecution work as a loss leader?  Does that give you a warm-fuzzy, or the heebie-jeebies?

Rethink(THIS!)

We’re talking about adding a feature for quick-take rethink items, sort of like fortune cookies from your favorite rethinkers.  These little gems are designed to stimulate the rethinking juices.  They’ll be short and sweet (we reserve the right to expand on them in future posts, though…).  As always, we welcome and encourage comments on all posts on the blog, including these.

We’ll be adding a design feature to the blog that sets these Rethink(THIS!) posts apart from others.  Yesterday, a long flight home from Boise (visiting fellow rethinker Steve and giving a presentation on patent reform) gave me plenty of time to brainstorm several of these little gems.  I can’t wait for the next round of blog improvements, so I’ll offer one up in my next post today.

Psycho's Yukon...the podcast

Posted by Stephen M. Nipper at May 4, 2005 11:19 PM

I couldn't resist. Engadget recently had a post on "How-to: One-click audio news, synced with your iPod in Tiger." Essentially, the instructions teach you how to use a new feature in Mac OS-X "Tiger" called Automator to automatically script extracting the text of a website, converting it to audio (read by your computer) and importing it into your iPod. I hadn't yet had a chance to tinker with Automator so I tried it out on my previous "Psycho" post. Here's the resulting .mp3 file. It is about 1.9 MB in size.

Consider it an example of "podcasting gone bad....very bad."

Psycho's Yukon

On my way to pick my daughter up from school I followed a beautiful, clean, white GMC Yukon with a "For Sale" sign in the rear window. What caught my eye was the license plate: PSYCHO.

Thoughts flashed through my head. Psycho...psycho...psycho. I imagined what it would be like buying the Yukon. How often would I wonder "what did Psycho do in HERE?," "where did he take this car?," "what is THAT stain in the back???" Just seeing that license plate has forever tainted my mental impression of that vehicle, and perhaps white Yukons in general. It's a mental image I cannot remove.

How often do IP attorneys do the same thing?

Think about it. What is the mental image your clients get when then think of you and your firm? Do they see you as: cutting edge or old fashioned? A talker or a listener? An expert or a trusted advisor? Worried about billables or worried about helping your client succeed?

You have an image, I have an image, Psycho has an image.

I've got good news. An image doesn't reflect who you are, it reflects what other people think you are...and that is something you can change. It takes work...but you can change it. It's time to change your plates.