By David Hricik
I’ve long written about ethics and technology (my old paper about email security, I am proud to say, pushed back on the idea that (at least in the 1990s) email was insecure). For an AIPLA speech I’m giving next month, I wrote a paper on various ethical issues that arise with the use of social media. It is available here.
The issue that I’ve run into a few times now in IP cases is judicial research into facts. I represented people in one of those matters, which was before the OED, and can’t reveal anything much about it, and the other was a case where judicial research led to a show cause order that was based upon…. poor judicial research. The paper points out those and similar problems.
This blog will focus on disciplinary, ethical, and liability issues relating to patent practice, including patent litigation, patent prosecution, opinion work, and transactions. Occasionally it will delve into other areas of intellectual property, ethics generally (since it's not as if ethics in patent practice is completely unconnected from ethics generally), and patent law to the extent it implicates the core concern of the blog.
But I believe less is better, when it comes to scope.
If you have topic suggestions, recently published articles, or cases of note, please email me (david @ hricik . com).
Who I am: Professor of Law at Mercer University School of Law. I have authored and co-authored the two leading treatises in this area (both published by Oxford University Press and available at bookstores everywhere!), written dozens of articles in the field, and given a hundred or so presentations. I've taught ethics and patent law. I've served as an expert in matters before the Office of Enrollment and Discipline, represented practitioners there, and litigated legal ethics and patent matters and served as an expert in all sorts of patent-related ethical disputes. I'll be clerking for Chief Judge Randall R. Rader starting in October (I assume I'll be able to blog during the following eleven months, but don't know.)
So, with that, substantive posts should appear daily during the week.
Glad to be hear and thanks, Dennis, for the opportunity.
For the fourth year in a row, the ABA Journal has selected Patently-O as one of the top 100 legal blogs (Blawgs). The list offers a nice way to find out about other high quality blogs you may have missed. For the first time, the list includes a sub-category of IP-focused legal blogs. Others in the category include the TTABlog (John Welch), TechDirt (Mike Masnick), IPWatchdog (Gene Quinn), IPKat (Jeremy Phillips and team), and Copyrights & Campaigns (Ben Sheffner). Of course, there is a quite long list of very good IP-focused legal blogs that should have made the list.
The annual listing includes a popularity contest and I would appreciate your vote. (A quick registration is required to vote.)