* Software Patents on Truck Day

LawLawLaw #44: Technology, Law, Baseball, Rock ‘n’ Roll.

Penguins on ice: Yeah, but it's a wet cold.

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Since 2001, LawLawLaw(TM) has documented trends in technology, law (mostly patents and trademarks), baseball (mostly Red Sox), and music (mostly rock). Today’s disclaimer du jour of the day: Do not taunt happy fun ball. Thanks for reading!

Client Trends

Our clients (current and former) are pretty cool. They do amazing work and deserve all the success they have had over the years. Here’s what some of them have been up to.

* PMC announces record-breaking $51 million gift to Dana-Farber (2017-11-13)

* AppNexus: How One White Male CEO Uses His Privilege To Make The Workplace More Inclusive (2017-11-14)

* Layer3 TV acquired by T-Mobile (2017-12-13)

* DisruptorBeam: One of The Best Entrepreneurial Companies in America (2017-12-20)

* Schneider Associates: Top 5 PR Disasters for 2017 (2017-12-22)

* AppNexus: The State of Ad Fraud (2018-01-11)

* Tamr Releases New Product Demonstration Video (2018-01-15)
“The video focuses on how Tamr’s machine learning-based technology organizes all company data, whether internal or external, based on logical relationships to empower users with trusted, complete datasets to fuel their analytics.”

* AppNexus: Announcement: We’re Partnering with Adobe Advertising Cloud to Provide Full Supply-Chain Transparency (2018-01-19)

* FirstFuel is Named in the 2018 Global Cleantech 100 (2018-01-29)

* Tamr Selected By Tokyo Metropolitan Government Selects For Inaugural Business Accelerator Program (2018-02-01)

Technology Trends

I’ve noticed that many of the blogs I subscribe to stopped updating their feeds. Is there a digital media crash?

* There’s A Digital Media Crash. But No One Will Say It (2017-11-17)
“There are too many publications. Advertisers keep lowering rates. And a huge, huge, huge amount of digital media is funded by venture capital.”

* The Seven Qualities of a Great Founding Team (2017-01-10)

* The Magnetic Field Is Shifting. The Poles May Flip. This Could Get Bad. (2018-01-26)

* 12 Happy Fun Steps To Sync Google Calendar With Desktop Computers, Laptop Computers, And iPhones! (2018-01-27)

* How the MacBook Air Changed Laptops Forever (2018-01-29)

* Workout-Tracking App Strava Accidentally Revealed The Location Of A Bunch Of Secret Military Bases (2018-01-30)

Law Trends

The USPTO and the courts are currently very confused (and mostly wrong) about software patents, focusing on the red herring of section 101 (so-called “subject matter eligibility”) instead of section 103 (the “nonobviousness” requirement). As a result, patent applicants and practitioners are left guessing which claims the USPTO will allow and which it will not.

But I could not imagine resorting to using this tool, which can possibly give away your secret sauce, and could also be a violation of the attorney-client privilege:

* Automated Analysis of 101 Eligibility (2017-10-20)

* Carl Oppedahl Asks: Is someone tampering with your US trademark registrations? (2017-12-16)
This article focuses on flaws in the Amazon Brand Registry system. But an even bigger problem? The US Trademark Office itself. The US Patent Office uses two-step authentication (digital certificate) for patent filings, but there is no equivalent for trademark filings. What this means is that ANYONE can – with a few clicks of the mouse – cancel a pending trademark application or surrender a registered trademark. It’s just a matter of time before these glaring loopholes are closed.

Patent law is supposed to protect products that are better/faster/stronger than the competition. Sometimes the USPTO gets it right:

* GUI Menu Structure Found Patent Eligible (2018-01-25)

And sometimes courts get it right:

* Grumpy Cat Wins $710,000 Verdict for Copyright, Trademark Infringement Against Beverage Maker (2018-01-27)

Baseball Trends

Now that Truck Day is here (and the Super Bowl is over – no comment), it’s time to reflect on the 2017 MLB season while we look forward to the 2018 one. The highlight of the 2017 season was the play of the kids. The highlight of the offseason? The hiring of Alex Cora as manager. Maybe that alone will be the difference between going home and going the distance!

* Ramirez homers in 15th after 1 am, Red Sox outlast Jays 5-4 (2017-07-19)

* Rafael Devers is the youngest Red Sox player to hit a home run since Tony Conigliaro (2017-07-26)

* Dever’s 4 hits back Fister as Red Sox beat Indians, 6-2 (2017-08-01)

* Christian Vazquez Goes Beast Mode, Red Sox Win Wildest Game of the Season (2017-08-02)
Vazquez’s walk-off HR caps wild win vs. Tribe.

* Benintendi 2 HRs, 6 RBIs, Red Sox rout Severino, Yanks 10-5 (2017-08-13)

* Betts’ 2-run double caps Red Sox 5-4 comeback win (2017-08-17)

* Vazquez (4-for-4), Sox rally, pad East lead (2017-08-29)

* Moreland’s pinch-hit heroics spark Sox sweep (2017-08-31)

* Red Sox Get Their Most Important Win of the Season (2017-09-06)
Red Sox beat the Blue Jays in 19 innings.

* Betts has 2 HRs, 6 RBIs as Red Sox roll past Athletics 11-1 (2017-09-13)

* Jay Bruce hits walk-off single as Indians top Royals, win 22nd consecutive game (2017-09-15)
See, not all Red Sox stories!

* Sox rally in 9th, remain 3 up with 7-run 15th (2017-09-16)

* Benintendi’s single in 11th sends Red Sox over Orioles 10-8 (2017-09-19)

* Wild times: Sox again edge O’s in 11 innings (2017-09-20)

* Chris Sale becomes first AL pitcher to record 300 strikeouts since 1999 (2017-09-21)

* Sox clinch East, will face Astros in ALDS (2017-09-30)

* Rafael Devers is youngest Red Sox player to hit a postseason home run in franchise history (2017-10-09)

* David Ortiz Imitates John Sterling After Yankees Lose ALCS (2017-10-22)

* Red Sox make a seismic shift with Manager Alex Cora (2017-10-23)
Alex Cora has it all: bilingual, former player, smart, young.

* World Series 2017: Houston Astros beat Los Angeles Dodgers for 4-3 series win (2017-11-02)

* Betts wins 2nd straight Gold Glove Award (2017-11-08)

* R.I.P. – Hall of Famer Doerr passes away at 99 (2017-11-14)

* Red Sox notes: Yawkey Way cannot be named for living person (2018-01-20)
Unless the law is changed. I say change the law! For Yaz!

* Red Sox to extend protective netting at Fenway Park (2018-01-21)
I’m all for fan safety, but can we please sick some smart startups on this one so that we can have both safety and good visibility?

* NESN: Hire This Man. Now. (2018-01-21)
OK, I’m not a soccer fan, but if all color commentators did this, I might be! This is a video of Ray Hudson calling no ordinary Lionel Messi goal.

* Betts beats Boston in 1st arbitration case, gets $10.5M (2018-02-01)
Team offered $7.5 million, maybe Mookie should have asked for even more? See headlines above.

* Truck Day 2018 is here and brings with it the unofficial start of the baseball season (2018-02-05)

Music Trends

* Stars Pay Tribute to Tom Petty: the Classic American Rock n’ Roller (1950-2017) (2017-10-04)

* This Unplugged Version Of ‘Take On Me’ By a-ha Will Bring A Tear To Your Eye (2017-10-11)

* How ‘Africa’ by Toto Became the Internet’s Favorite Song (2017-11-21)

* Amateur Musicians Pay Tribute To Tom Petty (2017-12-05)
“Over the past 64 days, I posted a song/day by Tom Petty, starting with his solo work and his work with The Heartbeakers, then Mudcrutch, then the Traveling Wilburys, ending with one of my favorites. The complete list is below, including one more video from his final performance (of ‘American Girl,’ number 6 below). Some of these links will die of linkrot, but Tom Petty’s music will never die.”

Random Stuff

* Norm MacDonald Is A Comic Genius (2017-09-15)
I knew it!

* Simple, Brilliant Visualizations Of How Sorting Algorithms Work (2017-10-25)

* A Super Interesting Demonstration Of How Well Different Ocean Barriers Handle Storm Surges (2018-01-14)

* Time lapse video of a man building a log cabin from scratch (2018-01-16)
Rumor has it that there is a video (cough – Sonja – cough) of me narrating this video in the style of Dr. Seuss.

* Watch Formerly Homeless Boy Sob For Joy at Getting His Own Bed (2018-01-21)
Be thankful for what you have. And pay it forward.

* The Traits That Make You Weird Are the Gifts That Make You Special (2018-02-02)

LawLawLaw is a publication written by Clocktower Law founder Erik Heels and published by GiantPeople. The opinions in LawLawLaw do not necessarily reflect the opinions of Clocktower Law, GiantPeople, their employees, or the author. If you don’t share this with friends and family, then who will? Thanks!