Articles From Daniel Kegan | Illinois State Bar Association

Gary A. Rosen, Unfair to Genius: The Strange and Litigious Career of Ira B. Arnstein, Oxford University Press, 2012, 307+xv pages By Daniel Kegan Intellectual Property, September 2014 Gary Rosen’s biography of copyright and perennial plaintiff Ira B Arnstein presents the perspectives of panel judges Leonard Hand, Jerome Frank, and Charles Clark as they wrestled with the right to summary judgment for a poor plaintiff’s case.

Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, June 2014 Eclectic selective summaries of IP agency changes, IP cases, noteworthy events, and curiosities.

Creatives, entrepreneurs, and startups By Daniel Kegan Intellectual Property, May 2014 While Creatives, Entrepreneurs, and Startups follow unique paths, there typically are a few major pitfalls to minimize. Here are 19 brief guidelines; some are helpful reminders for established endeavors.

Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, May 2014 Eclectic selective summaries of IP agency changes, IP cases, noteworthy events, and curiosities.

Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, February 2014 Eclectic selective summaries of IP agency changes, IP cases, noteworthy events, and curiosities.

Surveys, science & skepticism By Daniel Kegan Intellectual Property, February 2014 Expert witnesses are used in diverse areas of the law, including intellectual property, and are typically paid for their work, as attorneys commonly are. A skilled expert may find consistent employment helping fact finders understand the evidence and implied facts.

Breaches of privacy and data—New risks, new insurance By Daniel Kegan Intellectual Property, October 2013 The Internet makes everything much easier, including breaches of privacy and data. Federal and state laws now create employer and data-custodian liability for such breaches. An information audit is suggested. Insurance targeted for these liabilities is now available.

Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, October 2013 Brief summaries or comments on interesting or important IP developments.

Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, March 2013 Eclectic snippets from recent events.

IP USA Federal Date Answers By Daniel Kegan Intellectual Property, March 2013 The answers to the questions posed in the second article of this issue.

IP USA federal date quiz By Daniel Kegan Intellectual Property, March 2013 Can you name the intellectual property events associated with these events?

Cloze & Flesch vs. Jarndyce: In re comprehension & readability vs. legalese By Daniel Kegan Intellectual Property, December 2012 How readable is your brief, how comprehensible? Cloze and Flesch tests give objective measures.

Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, December 2012 Eclectic snippets from recent events. PTO warns of insolicitous solicitations; INTA launches teen ed UnrealCampaign.com; ND CA issues ESI Guidelines; FTC recommends truth telling; Academia IP; Ars Gratia Artis; EU; etc.

Intellectual improbabilities™ By Daniel Kegan Intellectual Property, September 2012 Short summaries and comments on recent IP cases, Government requests for comment, and other notices.

Intellectual improbabilities™ By Daniel Kegan Intellectual Property, June 2012 An eclectic gathering of recent intellectual property news and cases.

PTO notes By Daniel Kegan Intellectual Property, March 2012 News updates regarding the U.S. Patent & Trademark Office.

Trademark scam warning By Daniel Kegan Intellectual Property, March 2012 Be aware that private companies not associated with the United States Patent and Trademark Office often use trademark application and registration information from the USPTO’s databases to mail or e-mail trademark-related solicitations.

PTO focuses on feedback By Daniel Kegan Intellectual Property, December 2011 While the dedicated attention and oft’ times quick responses of Craig Morris and his team at the PTO are making communicating with the Trademark Office much more efficient, it still requires an experienced trademark professional to know the meaning of the diverse electronic choices and to efficiently evaluate how to respond to the non-automated examiners’ office actions.

Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, June 2011 News updates affecting intellectual property attorneys.

Winning chances? Client relations, math, and ethics By Daniel Kegan Intellectual Property, June 2011 Clients and others often ask attorneys for the chances of winning a dispute. Attorneys often answer, but they should not. Mathematically the wrong question is asked; numerical answers likely violate legal ethics by incompetently providing incorrect and often deceptive information. A better response provides both valid case evaluation and client emotional support without fabricating false certainty.

Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, April 2011 News updates affecting intellectual property attorneys.

Discovering Electronically Stored Information (ESI): Self-Reliance and FRCivP 26* By Daniel Kegan Intellectual Property, December 2010 Federal Rule of Civil Procedure 26 (b)(2)(B) now requires an early conference among attorneys to discuss and plan discovery, including Electronically Stored Information (ESI). Attorneys cannot simply delegate to clients or commercial services the responsibility of understanding ESI and ESI discovery planning. The attorney has a non- delegable responsibility to know, not only traditional discovery relevance but also enough about email, computers, file archiving, the client’s business, and human nature to competently supervise others. This article presents an efficient procedure for self-reliant attorneys and firms to successfully manage the ESI discovery process. Guidelines are presented for both Macintosh and Windows computers.

Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, December 2010 Sad Sap $1.65b verdict favoring Oracle for admitted copyright liability. Judge should refer even clearly meritless mandamus writ when his spouse is on defendant's board (In re Specht, trademark suit). Baha'i organizational divorce 40 years later, where's the contempt. Judge Posner clarifies "exceptional Lanham Act cases."

Pennywise and pound foolish: Compilation copyrights and the limits of administrative deference By Daniel Kegan Intellectual Property, October 2010 Copyright claimants should consider registering their commercially important works individually, rather than relying on derivative copyrights, such as compilations, collective works.

Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, June 2010 Recent developments in intellectual property law.

The grammar of intellectual property: Copyright is a noun, trademark is an adjective By Daniel Kegan Intellectual Property, March 2010 Clarifying the definitions of patent, trademark, and copyright, and how to use each term properly.

Dangerous delusions: Do it yourself, or don’t By Daniel Kegan Intellectual Property, November 2009 Many once-arcane intellectual property (IP) procedures are now accessible to lay businesspersons and citizens.

Intellectual improbabilities By Daniel Kegan Intellectual Property, September 2009 Recent updates in Intellectual Property law.

Intellectual Improbabilities By Daniel Kegan Intellectual Property, May 2009 Updates in Intellectual Property law.

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