I’ve Got Friends With Low Expectations

I set a very low expectation of myself for blogging this holiday season and I’m happy to report that, in true overachieving form,  I exceeded it.  I have not written thing one , save for names on tags for Christmas gifts and a few short sentiments on the backs of the Christmas cards I only just sent out yesterday.  My theory was that as long as the cards were postmarked before January 1st, I could call them Christmas Cards.  After that date, they’re New Year’s wishes.

This Christmas stands in stark contrast to last when Patrick and I arrived home from a four day hospital stay on Christmas Eve.  It was his second knee replacement in three months, and proved to be far worse to recover from (though we couldn’t have known that at the time) than first one back the prior September.  This year, we were home the whole time!  I got a chance to decorate and, working from home, enjoy the decorations and really take my time this year.  Oh, there were some stress points (eBay?  I AM TALKiNG TO YOU AND YOUR IDIOT POLICiES) but we made it to the Big Day in good form.

The only one who was disappointed on Christmas morning was Michael, and I’m still not quite sure why.  I think probably it had to do with the fact that his list consisted of every known electronic gadget on the market, and all the poor lad got from the list was a Nook Color.  Try as I might to explain to him that, contrary to the Pinterest quip, Mom does not, in fact, stand for “Made Of Money”, he was still disappointed.  And because he has these enormous green-ish eyes that fill completely to the brim with tears that drop in HUGE gushers down his roly-poly cheeks when he is upset, he gets to ride in the front seat whenever we go someplace with just me and the other two kids.  It’s my way of balancing his universe so that he doesn’t end up on Jerry Springer.  For not getting an iPad, iTouch, laptop, Nintendo 3DS, iPhone 4S, and video camera all for Christmas one year.

In other news, I completed my second December Daily and am very happy with it.  I love the format and know that once the kids are grown and out of the house, I will really cherish these books and will know that the time spent on them was totally worth it.  =)

Tomorrow is the start of the New Year, of course, and I know I can’t be the only one ready for 2011 to end.  My plan for the rest of today was to write down a list of all of the horrible things that have happened this year, all of the sad things and frustrating things and things I wish I could do over, and then burn the list.  The burn ban has been lifted so that won’t even be illegal!  SCORE.  But then I realized that that would mean spending time reliving many of those moments as I wrote them down, and I decided to just leave well enough alone.  No, there’s no need to go back over all the awful stuff…I’d rather spend my last hours of this year looking forward to the next one.  So the plan has now changed to dinner and a movie and watching the ball drop in NYC and then more than likely, falling asleep on the couch at 11:02 pm, local time.

HAPPY NEW YEAR!!!

Cheers,

Steph

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DelaWHERE? Revisited.

Once upon a summer, I posted the following blog entry regarding patent troll lawsuits and the great state of Delaware.  Side note:  one of my father’s sisters lived in Delaware and when we were little and would go to visit her, she would always poke fun of her state.  Her favorite phrase to repeat was what someone said to her one time when she gave her address: “Dela-where?”  Always did think that was hilarious!  Love wordplay.

Anyway, here’s what I wrote:

{start

Delawhere?  Delaware, that’s where
<pubDate>Thu, 14 Jul 2011 11:33:21 +0000</pubDate>

Asked to sum up venue/jurisdiction in the Patent Troll wars, many could do it in four letters:  EDTX.  The Eastern District of Texas has long been a hotbed of activity for patent troll suits because it’s easy for Southerners to be bought off the judges are favorable to plaintiffs in these suits.  The latests statistics that I’ve seen show almost a third of all suits brought in that venue.  Quite the winning percentage!

However, tracking the lawsuits, as we are wont to do here, a small but noticeable trend is emerging.  Delaware has less than 15% of the venue market right now, but the East Coast is picking up steam and I think that will continue.  

Firstly, for the obvious reason: lots of companies incorporate there.  

Secondly, the targets of lawsuits are starting to argue more strenuously that “Hey!  Why are you suing me in Texas??” and asking the courts to move cases where they belong, which one would assume would be in the state of incorporation of either the plaintiff or the majority of the defendants.  This is intellectual property we’re talking about here…it’s not as if you can bring suit in every single venue where infringement occurred.  You’ve got to pick one; the state of incorporation of the patent-holder or alleged infringer is a logical choice.  

Third, check out the Delaware IP blog if it’s not already on your morning reading list as it is, of course, on mine.  Without even a deep dive, there are several article on the front page with the words “Motion Denied“…looks like The Law doesn’t want these cases moving.  Fourth, T. John Ward is retiring.  Chief Justice Scalia called him a “renegade jurisdiction” because of his unwillingness to grant transfer of venue.  Not unreasonable to assume there will be some changes to how things are run down south of the Mason-Dixon line.

Someone needs to start publishing statistics on venues and put up charts and graphs showing how those venues are starting to change.   Mostly so that when I’m right, everyone will be able to see it in living color.

Just sayin’,

IPTT

end}

But today, thanks to Twitter and the fact that I follow the guy who semi-Dooced me (and because he did that I’m not going to link to him, which can be directly translated to “Steph Has A Good Memory”), I read this article where OH! NOES!, a judge has argued exactly the opposite point:

State of Incorporation: Second, the appellate court held that heavy reliance on state of incorporation is inappropriate.

Neither § 1404 nor Jumara [the leading 3rd Circuit 1404 case] list a party’s state of incorporation as a factor for a venue inquiry. It is certainly not a dispositive fact in the venue transfer analysis, as the district court in this case seemed to believe.

Color me embarrassed.

The title of quoted article is, in fact, “Federal Circuit Holds Defendant’s State of Incorporation (Delaware) Improper Venue”.  So not only does the ruling say “Dude, who cares where you’re incorporated?  It has got nothing to do with venue.”, they added insult to injury by putting Delaware in parenthesis.  Just to drive home the point that I WAS WRONG, SO WRONG.  I love the last line of my entry, which I will repeat here because boy, does it make me look stupid:

Mostly so that when I’m right, everyone will be able to see it in living color.

Niiiice.

Look, you can’t win them all, right?  Right.

Cheers,

Steph


Welcome, December (Daily)!

And just like that, it’s the last month of the year.  Got back on the saddle, or the treadmill, as it were, again today after completing the Turkey Dash a week ago…made it in record time (for me)!  But alas, my idiot shin splint is still rearing it’s ugly head so I am once again forced to run the Beginner Treadmill Workout.

Oh, the humanity.

But run it I did, and went three miles.  Nike has this thing where people can set up challenges and Cathy Zielske set one up to run 50 miles in December.  So I’m going to run 50 47 miles by New Year’s Eve, if it kills me.  I love a challenge!  Like not being a hoarder and not having to learn how to drive a new car (done and done).

Also going on this month, because it’s not busy enough in its own right, is December Daily.  Note the banner off to the right.  It’s a daily scrapbooking…thing?  Project?  Not sure what to call it but it’s awesome.  I did it last year for the first time, and boy did I pick a doozy of a year.

Patrick had the second of his two knee replacements, and I’m sure if he had a third knee it would have needed replacing too, that’s just how he rolls, done on Dec 21st.  He’d had the other knee done on Sept 21 so we are pretty much besties with the 18th floor orthopedic nurses at St. Luke’s in the Medical Center at this point.  The whole season was a blur of getting him to post-op appointments for the first surgery and pre-op appointments for the second surgery and then the school Christmas performances and the annual Kids Crazy Christmas Show at church and it was just nuts.  But doing the daily layouts and keeping up with at least one story a day throughout the season proved to be just the thing we all needed to keep ourselves together.  The kids still pull that album out probably more than any other I’ve done.

So naturally, I’m doing it again this year and today’s December 1st so it all starts RIGHT NOW!  I’ve got a few stories to tell already, and it’s only 1:00 CST.  What the rest of the day will bring is anyone’s guess.  LOL!

The banner links to my project so far, and I’m going to add in the pages as I get around to photographing and uploading them.  Sometimes it’s all I can do to actually live the moment and scrapbook it so I have little hope that the link will be updated before, say, January.  LOL

Patent Blurb

As I warned in the Meet and Greet, at times I will be wont to comment on Things In The Patent Troll space.  Today’s your lucky day!  So in this article on Techdirt, Masnick asserts that patent trolls are going to shift from Tech companies to media companies.  Maybe so, but I still would argue that the pharmaceutical industry is going to be their next first target.  And while Masnick didn’t come to that specific conclusion, I think he’s right that the trolls will find the backlash unsettling in the (social) media industry.  The pharma companies are too busy sending their sales reps to lavish parties and charging outrageous amounts for their drugs to see this coming.  Full thoughts on that coming up…not sure when.  I hate when bloggers say “I’ll post an update on Friday!” and then Friday is here and Friday is gone and oopsie, no post.  Here at Candid Canon, I’m going to shoot straight with you:  I HAVE NO CLUE WHEN I’LL GET TO IT.  <– Authenticity.  I haz it.

So anyway, Happy December!  Time to go make some memories, if not for your scrapbook, then for yourself!

Cheers,

Steph