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Wikipedia

Richard Frenkel

January 02, 2023

Richard "Rick" G. Frenkel [1] (born 1966 or 1967 [2]) was an in-house intellectual property counsel and director of intellectual property at Cisco Systems.[3][4] He was once the anonymous author of the Patent Troll Tracker blog, focusing on the subject of "patent trolls" [2] and "a must-read blog among top intellectual property litigators".[3]

Dispute

In October 2007, Richard Frenkel made anonymous blog comments on a patent infringement case in which Cisco was the defendant.[3] On the blog, he claimed that the plaintiff, a company named ESN, filed a law suit a day before the patent was issued (which if true meant the case had no legal standing[4]), and that subsequently ESN's local counsel convinced a federal courthouse clerk to switch the date on the docket to the next day.[3] At that time, a $15,000 bounty for his identity had also been offered [4][5] by Chicago attorney Raymond Niro Sr.[2]

Litigation claims

After Rick Frenkel revealed his identity on February 23, 2008,[5][6] in the entry titled "Live by anonymity, die by anonymity",[2] attorneys T. John Ward, Jr., the son of East Texas federal Judge T. John Ward,[4] and Eric Albritton filed defamation actions against Cisco and Frenkel.[3] "The attorneys [were] seeking damages for shame, embarrassment, humiliation, mental pain, and anguish. Further, the attorneys state[d] injuries to their "business reputation, good name, and standing in the community, and [would] be exposed to the hatred, contempt, and ridicule of the public in general as well as of his business associates, clients, friends, and relatives.""[4]

Issues

The case raised questions about the risks of blogging anonymously,[2] and received wide publicity in the blogosphere as it was thought that the lawsuits could result in precedents to be applied to future bloggers.[4] Subsequently, Cisco updated its policy on employee blogging.[7]

Trial

The Albritton case went to trial in Tyler, Texas on September 14, 2009.[8] After Judge Richard A. Schell ruled that Albritton had to prove actual malice to be eligible for punitive damages, the litigation settled.[9] The Ward case—which was filed against Cisco and not Frenkel—settled in January 2010.[10]

Career change

Frenkel left Cisco in August 2008 to join the Palo Alto office of Wilson Sonsini Goodrich & Rosati as a patent litigator.[11] He was a partner with the firm.[12] At the time he joined the firm, he said he was done with blogging.[11]

References

  1. ^ United States Patent and Trademark Office (USPTO), Patent Attorney/Agent database entry for Richard G. Frenkel. Retrieved on March 15, 2008.
  2. ^ a b c d e Michael Orey, Busting a Rogue Blogger, BusinessWeek, March 27, 2008. Consulted on April 4, 2008.
  3. ^ a b c d e Asher Hawkins, , Forbes.com, March 11, 2008. Retrieved on March 15, 2008.
  4. ^ a b c d e f Michelle Massey, Patent troll tracker sued for defamation, The Southeast Texas Record, March 13, 2008. Retrieved on March 15, 2008.
  5. ^ a b Niraj Chokshi, Mystery patent blogger is Cisco in-houser, Legal Week, February 26, 2008. Retrieved on March 15, 2008.
  6. ^ Stuart Weinberg, Controversial Blog on Patent Suits Is Authored by Cisco Executive, Wall Street Journal, February 25, 2008.
  7. ^ Lessons Learned….Cisco Updates Policy on Employee Blogging, The Platform, The Official Cisco Blog, March 24, 2008. Consulted on April 5, 2008.
  8. ^ Trial Kicks Off in Suit Over Blog Post By Cisco In-House Lawyer, Brenda Jeffries, Texas Lawyer, September 16, 2009. Consulted on July 24, 2010.
  9. ^ Troll Tracker Defamation Case Settles Before Going To Jury, Joe Mullin, The Prior Art Blog, September 22, 2009. Consulted on July 24, 2010.
  10. ^ Cisco Systems Settles Defamation Suit Over Blog Posting, Brenda Jeffries, Texas Lawyer, January 19, 2010. Consulted on July 24, 2010.
  11. ^ a b Cisco Blogger Decamps To Wilson Sonsini, Zusha Ellison, The Recorder, August 6, 2008. Consulted on July 24, 2010.
  12. ^ . Wilson Sonsini Goodrich & Rosati. Archived from the original on November 25, 2009. Retrieved May 4, 2013.

Bibliography

  • Richard G. Frenkel, Intellectual Property in the Balance: Proposals for Improving Industrial Design Protection in the Post-TRIPS Era, 32 Loy. L.A. L. Rev. 531, 541 (1999) (pdf)

Primary sources

  • Ward v. Cisco and Frenkel Case No. 2007-2502-A (pdf)
  • Albritton v. Cisco and Frenkel Case No. 2008-481-CCL2 (pdf)
  • Dennis Crouch, Troll Tracker, Defamation, and Splitting the Bar, PatentlyO blog, March 12, 2008

January 02, 2023
richard, frenkel, richard, rick, frenkel, born, 1966, 1967, house, intellectual, property, counsel, director, intellectual, property, cisco, systems, once, anonymous, author, patent, troll, tracker, blog, focusing, subject, patent, trolls, must, read, blog, am. Richard Rick G Frenkel 1 born 1966 or 1967 2 was an in house intellectual property counsel and director of intellectual property at Cisco Systems 3 4 He was once the anonymous author of the Patent Troll Tracker blog focusing on the subject of patent trolls 2 and a must read blog among top intellectual property litigators 3 Contents 1 Dispute 2 Litigation claims 2 1 Issues 3 Trial 4 Career change 5 References 6 Bibliography 6 1 Primary sourcesDispute EditIn October 2007 Richard Frenkel made anonymous blog comments on a patent infringement case in which Cisco was the defendant 3 On the blog he claimed that the plaintiff a company named ESN filed a law suit a day before the patent was issued which if true meant the case had no legal standing 4 and that subsequently ESN s local counsel convinced a federal courthouse clerk to switch the date on the docket to the next day 3 At that time a 15 000 bounty for his identity had also been offered 4 5 by Chicago attorney Raymond Niro Sr 2 Litigation claims EditAfter Rick Frenkel revealed his identity on February 23 2008 5 6 in the entry titled Live by anonymity die by anonymity 2 attorneys T John Ward Jr the son of East Texas federal Judge T John Ward 4 and Eric Albritton filed defamation actions against Cisco and Frenkel 3 The attorneys were seeking damages for shame embarrassment humiliation mental pain and anguish Further the attorneys state d injuries to their business reputation good name and standing in the community and would be exposed to the hatred contempt and ridicule of the public in general as well as of his business associates clients friends and relatives 4 Issues Edit The case raised questions about the risks of blogging anonymously 2 and received wide publicity in the blogosphere as it was thought that the lawsuits could result in precedents to be applied to future bloggers 4 Subsequently Cisco updated its policy on employee blogging 7 Trial EditThe Albritton case went to trial in Tyler Texas on September 14 2009 8 After Judge Richard A Schell ruled that Albritton had to prove actual malice to be eligible for punitive damages the litigation settled 9 The Ward case which was filed against Cisco and not Frenkel settled in January 2010 10 Career change EditFrenkel left Cisco in August 2008 to join the Palo Alto office of Wilson Sonsini Goodrich amp Rosati as a patent litigator 11 He was a partner with the firm 12 At the time he joined the firm he said he was done with blogging 11 References Edit United States Patent and Trademark Office USPTO Patent Attorney Agent database entry for Richard G Frenkel Retrieved on March 15 2008 a b c d e Michael Orey Busting a Rogue Blogger BusinessWeek March 27 2008 Consulted on April 4 2008 a b c d e Asher Hawkins Shut Up Already Forbes com March 11 2008 Retrieved on March 15 2008 a b c d e f Michelle Massey Patent troll tracker sued for defamation The Southeast Texas Record March 13 2008 Retrieved on March 15 2008 a b Niraj Chokshi Mystery patent blogger is Cisco in houser Legal Week February 26 2008 Retrieved on March 15 2008 Stuart Weinberg Controversial Blog on Patent Suits Is Authored by Cisco Executive Wall Street Journal February 25 2008 Lessons Learned Cisco Updates Policy on Employee Blogging The Platform The Official Cisco Blog March 24 2008 Consulted on April 5 2008 Trial Kicks Off in Suit Over Blog Post By Cisco In House Lawyer Brenda Jeffries Texas Lawyer September 16 2009 Consulted on July 24 2010 Troll Tracker Defamation Case Settles Before Going To Jury Joe Mullin The Prior Art Blog September 22 2009 Consulted on July 24 2010 Cisco Systems Settles Defamation Suit Over Blog Posting Brenda Jeffries Texas Lawyer January 19 2010 Consulted on July 24 2010 a b Cisco Blogger Decamps To Wilson Sonsini Zusha Ellison The Recorder August 6 2008 Consulted on July 24 2010 Richard G Frenkel Wilson Sonsini Goodrich amp Rosati Archived from the original on November 25 2009 Retrieved May 4 2013 Bibliography EditRichard G Frenkel Intellectual Property in the Balance Proposals for Improving Industrial Design Protection in the Post TRIPS Era 32 Loy L A L Rev 531 541 1999 pdf Primary sources Edit Ward v Cisco and Frenkel Case No 2007 2502 A pdf Albritton v Cisco and Frenkel Case No 2008 481 CCL2 pdf Dennis Crouch Troll Tracker Defamation and Splitting the Bar PatentlyO blog March 12 2008 Retrieved from https en wikipedia org w index php title Richard Frenkel amp oldid 1118743279, wikipedia, wiki, book, books, library,

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