Recent Articles

September Changes to Estates Practice: Enduring Powers of Attorney and Representation Agreements

September 01, 2011 07:32

The revised structure of the law is this: To grant full health care authority, but only health care authority, a s.9 representation agreement will be the appropriate document, and it will be much simpler than the previous version. To grant full financial affairs authority that will continue...

Patent Assignment: Distinguishing Trolls from Legitimate Assignees, Part 2

August 24, 2011 21:22

My colleague, Ben Gornall, Patent and Trademark Consultant, has continued our earlier discussion.  My initial post was “IP Litigation as a(n Illegal) Business Model“, to which Ben commented here.  I replied with “Patent Assignment: Trolling the Gap between Potential and …...

Patent Assignment: Distinguishing Trolls from Legitimate Assignees, Part 1

August 24, 2011 21:15

My colleague, Ben Gornall, Patent and Trademark Consultant, has continued our earlier discussion.  My initial post was “IP Litigation as a(n Illegal) Business Model“, to which Ben commented here.  I replied with “Patent Assignment: Trolling the Gap between Potential and …...

Patent Assignment: Trolling the Gap between Potential and Actual Usefulness

May 02, 2011 23:40

How many of the would-be defendants simply negotiate the licence - not a one-time settlement but an ongoing licence (perhaps under duress?) - to avoid the more costly lawsuit, even though they have no intention of using the patented matter any further? Here we come to the difference between...

Privacy between Private Parties and the Disclosure of Information

March 16, 2011 20:54

Privacy law in Canada between private parties is biased toward the protection of privacy rather than the protection of free enterprise. ... In Canada, and specifically in British Columbia, an individual’s personal information may be considered forever to be bonded to that individual. Continue...

IP Litigation as a(n Illegal) Business Model

December 17, 2010 07:01

The difference between a law firm that makes its money by suing on behalf of it clients and a patent trolling business is this: A law firm is an association of professionals who represent injured parties; a patent troll acquires the right to injury and injury damages without having been injured....

Music for a Pound, or a Pound of Flesh?

October 25, 2010 05:29

Music not shared is music not heard, and a band not shared basks only in obscurity. Gene Simmons regrets not having been more vigilant in his marshaling of the RIAA cavalry back in 2007. A fundamental question is how to monetize an industrialized art form without creating an artificial scarcity...

Lawyers and iPhones (and iPads) Shouldn’t Mix

September 20, 2010 05:56

“A lawyer shall not disclose … having been consulted or retained by a person…” ... The question that remains for me is whether, in light of the iOS4 privacy policy, lawyers should avoid even carrying unsecured electronic devices that allow questionable access to information by undisclosed...

RoB Magazine declares victory on the Smartphone Plains of Abraham

September 09, 2010 22:22

RoB Magazine has declared Apple the victor over Research in Motion in a presumed battle between Cupertino and Waterloo for the smartphone Plains of Abraham. ... I understand that for an investor, the likely more profitable performer in the short term is an important determination; but to pronounce...

Research in Motion’s Opportunity to Promulgate Freedom

August 05, 2010 00:18

Several countries, none of which is a finalist in the Freedom to the People sweepstakes, are considering blackballing the BlackBerry for being too secure... The better route for BlackBerry is to work with these governments to reshape their privacy policies in favour of citizen rights. Continue...