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IP and Patent Law Guide – WIki

As some of you may know, I have for some time maintained a web page with Intellectual Property, Patent, and Law Resources.

I have moved the content of these resources to a wiki so that other members of the patent community can help collaborate to improve this list of resources. Members may join and participate in editing the wiki, add links, fix links, upload files, and join our discussions.

Instructions are provided below (also available here).

If you forget the link, I have registered www.PatentLawPractice.info and www.PatentLawPractice.us which both point to the page above.


The Intellectual Property, Patent, and Law Resources previously shown below has been moved to a PatentLawPractice wiki at Wikispaces.

Members of the patent and IP law community are encouraged to help improve it. To do this, first, join Wikispaces then join the PatentLawPractice Wiki.

The wiki is designed for the patent bar and IP law community–practicing IP attorneys or patent agents, and, on a limited basis, others with special familiarity with IP law practice.

(IP practitioners who have not yet members are also encouraged to join the PatentLawPractice Yahoo Group listserv.)

Contact me with any questions.

N. Stephan Kinsella
General Counsel
Applied Optoelectronics, Inc.

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“Go Left, he said”: How Jeff Tucker Saved My Life

Or at least, my arm. I’ve noted before his nuggets of wisdom–his Rules of Thumb for Living. The lates

t concerns mouse usage.

I’ve always had a bit of skepticism about people who whined about “carpal tunnel” syndrome. But over the last year my right arm has gotten worse and

worse, from typing and mouse manipulation. Jeff told me to switch to my left arm for mouse usage. I briefly tried it, about 6 months ago, and gave up. But the problem got worse; Jeff told me again recently to switch to the left hand, and that his switch was one of the best things he’s ever done. So the last few days I’ve tried it, and have largely switched. At first I would give up and switch to the “good” hand when I got frustrated. But now I’m almost exclusively left-hand mouse. Still slower, and it’s frustrating, but already I’m feeling better. And one advantage: your right hand can do the arrow keys while left can do mouse at same time. Jeff: I love you, man!!!

Update: Jeff also highly recommends this task chair.

Followup: some replies:

If you ever get tired of using the mouse with your left hand, I would suggest a different solution that worked for me. Try a wireless optical or laser mouse, and use it on a book or other surface that you can put on your lap. This way you can keep your arm at your side and your hand resting comfortably on your lap. I used to get pain in my right arm, and this solution made it go away in about a week. Just a suggestion.


Use two mice, and make your right-hand one a rollerball.


Happ Review of Rubins-Kinsella International Law Book

Re my book International Investment, Political Risk, and Dispute Resolution: A Practitioner’s Guide published last year–I just received the first book review, which was done by Dr. Richard Happ (other reviews). Excerpt:

a classical treatise. … It is noteworthy and commendable that–unlike so many other contemporary writers–the authors try to give a neutral and unbiased overview over diverging awards and disputed issues. … It is a timely book. In their introduction, the authors state: ‘we hope to provide the non-specialist lawyer, business person, or government official with the tools necessary to understand the international law of investment and its relationship to political risk’. They have managed to do so, and done even more. First, they successfully combined what would be three separate books (on structuring of investment, international law on investment protection and dispute settlement) in their own right. Second, they provide a coherent and–despite the necessary brevity–in-depth discussion of all relevant issues. Even minor points such as pre-dispute settlement negotiations, or the problem of pre-investment expenditures as investments, are dealt with comprehensively…. In doing so, the authors never become lost in academic debate, but always keep the perspective of the practitioner. These features make the book not only an excellent introduction and comprehensive overview about the state of the law of investment protection, but also a valuable reference tool for anyone experienced in the field. It is to be recommended to anyone who wishes to gain an insight into the topics under discussion or only needs a reference guide to current law and practice. The quality of the analysis ensures that the book will not lose its value even if the law continues to develop. For both academics and practitioners active in investment arbitration, it must be considered indispensable. …. These books [IIPR plus a casebook on foreign investment disputes] are like sea chart maps which allow the reader to navigate on the vast sea of information constituted by papers, awards and court cases during the last 100 years. Even the experienced sailor will and should not leave harbour without such sea charts.


The 46 Best-ever Freeware Utilities

The 46 Best-ever Freeware Utilities


Patent Rights Web Poll

On an email list I posted the following:

It seems to me that many small/medium companies live in fear of a big patent lawsuit. Even if they had their own IP, I suspect many companies would gladly give up forever their right to sue for patent infringement, in exchange for some kind of immunity from patent liability–at least, if they could eliminate the threat of an injunction, so that the worst penalty they might face is some kind of mandatory royalty. Surely IBM et al. would not take this deal, but I bet a lot of other companies would. What do you think?

Second, in view of this, does this mean there is some kind of market for a service that would let a bunch of companies get together and “pool” their IP and have some kind of agreement (a) never to sue each other; (b) to have access to this pool of patents to countersue any company that sues any of the members.

This post drew some interest so I am doing a simple webpoll. I think the results might be interesting.

Patent Rights

Would you give up your right to sue others for patent infringement in exchange for immunity from all patent lawsuits?



Patent and IP Law Blogs and Email Discussion Lists

The following is a collection of sources of updates on patent law/patent cases. Please email me any suggestions; will be later added to my IP Links Page. (Stephen Nipper provided me with many of these links.)

Email distribution lists and Blogs (blogs can be subscribed to via aggregators such as Sharpreader; most also offer email subscription)

Email discussion/news lists/discussion fora


IP Podcasts

  • There are/were some, but I have not been able to find any I like yet or that are regularly updated.

Kudos on Kinsella International Investment Book

Recent endorsements of my latest book, International Investment, Political Risk, and Dispute Resolution: A Practitioner’s Guide (Oxford/Oceana 2005), co-authored with Noah Rubins (available at http://www.oceanalaw.com/main_product_details.asp?ID=391):

“The book is a tour de force. Rubins & Kinsella have written a first-rate study of one of the most vital areas of international law today. Notwithstanding its subtitle (“A Practitioner’s Guide”), scholars as well as practicing attorneys will find this an invaluable guide to understanding the multifaceted adjudicatory regime for cross-border investment disputes.”

William W. Park, R. Gordon Butler Scholar in International Law and Professor of Law, Boston University School of Law; General Editor, Arbitration International; Counsel to Ropes & Gray; former Vice-President, London Court of International Arbitration; publications include the casebook International Commercial Arbitration; International Chamber of Commerce Arbitration (3rd ed.); International Forum Selection; Income Tax Treaty Arbitration; and Arbitration of International Business Disputes: Studies in Law and Practice.

“This book is comprehensive, well-written, and balanced. An admirable mixture of learned commentary and primary documents, it is portable, authoritative, and up-to-date. It is a distinctive and well-organized addition to exisiting reference works and will be of great value to practioners and academics who seek a dependable, balanced treatment of a range of legal and practical questions affecting foreign direct investment and dispute resolution.”

Jack J. Coe, Jr., Professor of Law, Pepperdine University School of Law; author, Protecting Against the Expropriation Risk in Investing Aboard (Matthew Bender 1993); International Commercial Arbitration–American Principles and Practice (1997); NAFTA Chapter 11 Reports (with Brower and Dodge); vice-chairman, International Commercial Arbitration Committee, ABA International Law Section.

“This book provides an excellent account of how legal techniques can be used to provide significant protections to foreign investment. Its comprehensive coverage, clarity of expression, and useful appendices will prove invaluable to the busy lawyer. It is one of those rare books that is valuable not only for practice but also for the law classroom.”

Dan Sarooshi, Herbert Smith Associate Professor of International Law, University of Oxford; Barrister, London; author of International Organizations And Their Exercise Of Sovereign Powers and The United Nations and the Development of Collective Security: The Delegation by the UN Security Council of Its Chapter VII Powers.


Great PodCast

TWiT: This Week in Technology.


Email Reminders

Neat free website that emails you reminders for birthdays and other events: ShootMeAnEmail.com. Anyone know of any others, send ’em on.


On Lawyers as Commodities

In the September 2005 issue of Corporate Legal Times, a piece called “Bidding Wars” profiles GE’s recent move to reduce the number of outside law firms it uses from 500 down to 94. The first cut was based on quality; this reduced the number of law firms to 200. Then they cut based on RFPs and references from other clients, leaving them with 142 firms. Then they cut down to 94 firms based on cost–they made the law firms place bids in an auction type process. The reaction from the law firms was a bit amusing:

“An auction is a great way to buy pencils,” says John Marzulli, a partner at Shearman & Sterling, one of GE’s preferred M&A; counsel. “It doesn’t seem to me to be the best way to select your counsel for a complex multibillion-dollar acquisition. We like being part of their network, but we didn’t enjoy the selection process.”

I bet not.