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Denise Howell Denise Howell
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Dennis M. Kennedy Dennis M. Kennedy
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Tom Mighell Tom Mighell
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Marty Schwimmer Marty Schwimmer
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Denise Howell is a seasoned appellate and intellectual property litigator based in Los Angeles. Denise writes one of the first and most popular law-related blogs, Bag and Baggage, coined the term "blawg" and helped pioneer podcasting for lawyers. Microcontent obsessed since 2001, she is frequently quoted in the media on legal issues involving intellectual property and technology law. "Sound Policy" is Denise's show at IT Conversations, and it's also what she hopes results from the briefs she submits to court. Email Denise at dhowell@gmail.com.

Dennis Kennedy is a computer lawyer and legal technology expert based in St. Louis, Missouri. An award-winning author, a frequent speaker and a widely-read blogger, he has more than 300 publications on legal, technology and Internet topics, many of which are collected in his e-books. Dennis has been described as someone who knows almost every rock song in existence and, more importantly, how they apply to technology and law. Email Dennis at his gmail address.

Tom Mighell is Senior Counsel and Litigation Technology Support Coordinator at Cowles & Thompson in Dallas. He has published the Internet Legal Research Weekly newsletter since 2000 and blogged about the Internet and legal technology at Inter Alia since August of 2002. With Tom's singing, Ernie on guitar and Dennis' encylopedic knowledge of rock music, we may have the beginnings of a good band, if this whole blog thing doesn't work out. Email Tom at tmighell@swbell.net.

Marty Schwimmer left a partnership in the largest trademark practice in the world and founded Schwimmer Mitchell, a full-service IP micro-boutique in Westchester County, New York, where he represents owners of famous and not yet famous trademarks. He founded The Trademark Blog, the first IP law blog and the one with the most pictures. He is the first to come in and the last to leave in his firm. Email Marty at marty@schwimmerlegal.com.

Ernest Svenson practices law with a mid-sized law firm in New Orleans, specializing in business-related lawsuits. Most of his practice takes place in federal court, especially the Eastern District. He is best known for his weblog Ernie the Attorney, which he started as an experiment. Like many experiments it got out of control. Nevertheless, he continues to practice law and, occasionally, to seek enlightenment. Email Ernest at esvenson@gmail.com.
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August 1, 2005

Now Why Didn't I Think of That - Google Patents Ads in RSS Feeds?

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Posted by Dennis M. Kennedy

I noticed via CNet.com and GigaLaw.com that Google has apparently decided to take another step in the ongoing battle among technology comapnies to determine what company can obtain the patent that most infuriates the blogging and Internet community. I believe that Google's patent application for "embedding advertisements in syndicated content" for placing ads in RSS feeds has now put Google comfortably into first place over a host of challengers, capping a recent flurry of efforts that included Microsoft's custom emoticons patent application.

Even though some might complain about the apparent incongruity of Google's aggressive use of intellectual property laws to protect its own intellectual property while developing a business with a market cap in the billions based at least in part on caching copies of other peoples' copyrighted materials on the basis of a "fair use" argument, I choose not to go that route. In fairness to Google, I will assume that the headlines I've seen do not do justice to the nuances in the Google patent application, which I invite you to read for yourself (in part to illustrate why I would not ever want to be a patent lawyer and read patents all day long).

On the other hand, I will also note that I've been talking on my blog and elsewhere about placing ads in RSS feeds for several years and never even once thought that the idea of trying to patent "ads in feeds" (even "automatically") was something I might try to patent. It seemed a little, well, obvious. Probably the hundreds of others discussing ads in feeds over the past few years have reached the same conclusion.

I now wonder if my cautious approach as compared to Google's very aggressive approach to this "invention" and the patent process explains why Google is worth billions of dollars and, sadly, my net worth is far less. The future, at least in the patent world, seems to belong to the filers and not the thinkers and talkers.

Maybe I still have time to try to get that patent for my idea of a combination computer mouse and electric razor to help you freshen up before late afternoon meetings or after-work events.

In fairness, however, let's read the actual text of the patent as well as the articles about it, and then make up our minds. It might be possible to interpret the following paragraph, for example, in many ways:

"47. A system for generating information including targeted ads, the method comprising: a syndicated information and ad mixer including: means for receiving information in a syndicated format; means for receiving a first targeted ad from an automated ad server system; and means for combining the first targeted ad with the received information to generate a set of response information which is also in a syndicated content format."

But, I'm no patent lawyer - just someone trying to make some sense out of all this stuff.

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