Da Vinci (circa 2014)

There is nothing like attending the MAX Conference in Los Angeles to cause my feelings of artistic inadequacy to bolt to the surface. You see, I’m one of those people who lacks any artistic talent. In fact, I’m quite certain that I failed paint-by-numbers in the first grade. So, being immersed in the excitement of the conference left me feeling in awe – and very much out of my element.

If you are one of the world’s millions of creative professionals then you are likely familiar with MAX. It’s an annual event sponsored by Adobe that brings together illustrators, web designers, production professionals, photographers, movie makers and other “Creatives” to learn about new releases from Adobe and, more importantly, to share and celebrate all forms of creative expression.

Much of the excitement this year was generated by Adobe’s announcement of a feature of the Creative Cloud called the “Creative Profile”. This allows anyone, but especially creative professionals, to store their illustrations, videos, photographs, fonts and other artistic assets in a virtual repository that can be accessed from any platform. To comprehend what this means, consider if Da Vinci was alive today.

As a painter, sculptor, architect, engineer, cartographer and writer, Da Vinci would doubtlessly have used his Creative Profile to increase his already prolific output and enhance his impressive creative abilities. One can imagine him walking through Rome creating a color palette on his mobile device with Adobe Color  to be used in one of his paintings, or taking a photograph of the checkerboard pattern of il Duomo di Firenze and using it as “ink” for an illustration using Adobe Brush. It’s not a stretch to see him using Adobe Shape to capture the shapes and vectors surrounding him in Florence and incorporating them in his architectural renderings. Or, perhaps, he would use Photoshop Mix  to take and edit photographs of the Tuscan hillside on his mobile phone to serve as a model for the background of the Mona Lisa.

All of these creative outputs and any others he produced whether through digital illustrations, videos or photographs, would be part of his Creative Profile. Best of all, they could be accessed from any device, whether desktop computer, tablet or mobile phone, allowing Da Vinci to focus on what he did best – creating.

One of the biggest challenges for Da Vinci and other Renaissance artists was finding patrons. For Da Vinci this meant a dependency on just a few wealthy families, namely the Borgias and Medicis. As a result, for much of his life, he toiled in poverty. Today, Leonardo would use the Behance platform to showcase his portfolio and receive feedback about it from the global creative community. More importantly, his Behance portfolio would allow him to be discovered by agencies seeking artistic talent leading to greater employment opportunities. A marketing department, for example, seeking to create a new corporate logo with the feel of Da Vinci’s Vitruvian Man, would be able to quickly identify that work on Behance and contact Da Vinci to commission a project.


On the second day of MAX, we listened to a number of artistic professionals discuss how they use their art to inspire, like the moving photographs of Ami Vitale; push boundaries in conventional thinking, as with the provocative illustrations from Jason Seiler; or launch a global movement, as what documentary film maker, Lee Hirsch, has done in the fight against bullying. There wasn’t a dry eye in the convention center during that presentation.

And, all I can draw are stick figures.

The day was capped off by what we at Adobe like to call “Sneaks.” You can think of these sessions as innovation speed dating. Select members of the Adobe engineering community are given five minutes in front of a live audience to showcase a feature or product they are working on. The crowd gets a preview of possible things to come and the innovator gets immediate feedback in the form of live audience reactions. It’s always my favorite event of the conference and, judging by the crowd reaction, others felt the same. Have you ever taken a photograph on a hazy day and wished you could click a button and make it clear? Look for the “defog” capability coming to Photoshop CC. Or, check out Shape Shade to see the mind-boggling ways that shapes can be manipulated on a table with just your fingers. How about taking a photograph of a skyline during the day and wanting to see how it would look if it was taken at sunset? Or editing seamless transitions in videos of people who speak with lengthy “uhms”, “ahs” and other pauses. These are just a few of the previews we saw at this year’s Sneaks.

In the end, no one knows what Da Vinci would do if he were alive today. But, I’m quite certain he would be a member of the Creative Cloud.

And, also, an employee of Adobe.

1 Comment

Filed under Uncategorized

A Polysynthetic Land

Greenland is a place of many dialects. Kalaallisu is spoken in the west; Tunumiisut in the East; and Inukun in the north. All three are very different – so different that a Greenlander from Nuuk, the country’s capital, would find it difficult to understand someone from Thule, in the north.

Regardless of dialect, as a recent visitor, I found the language impenetrable. The Greenlandic language is polysynthetic, meaning that words are created by adding multiple affixes. This results in long words that overflow with syllables – for example, “Paasisinnaannginnakkummi” (“I don’t understand”).

If you have ever wondered if you can sprain your tongue, try speaking Greenlandic.

Despite the danger of injury for foreigners attempting even basic phrases, the polysynthetic nature of the language allows for nuance and subtlety absent in other languages. In this respect it is a reflection of the country itself, a place where nothing is quite what you anticipate. This thought initially occurred to me when I was looking out the window of the hostel where we were staying on our first evening in the small community of Tasiilaq. At almost midnight, the sky was still bright, presenting a lustrous panorama from the hillside above the bay. Reverberating from the water below was the sound of a child’s joyous yelling as she was pulled behind a boat waterskiing – on thirty-degree water.

Nothing is as you expect in Greenland.


Along with two of my children, a friend, and a group of others adventurers, we kayaked and camped for two weeks exploring the seemingly pristine fjords and small colorful communities of the world’s largest island. Approaching from the water we discovered picturesque towns with buildings painted red, green, blue, and grey reflecting the country’s history of Danish influence. In most, drying fish hung from the rafters of porches like Chinese lanterns; occasionally, a polar bear skin would be stretched over a clothesline curing in the sun. But cultural influences of the west abounded as candy wrappers, plastic bags, and omnipresent empty Tuborg beer cans littered the landscape around these towns. (But what do you do with trash when you don’t have refuse pickup or even a dump?)

Again, I found that nothing is what you think in Greenland.

The evidence of climate change was striking. We would paddle for miles down fjords framed by towering ridges filled with countless glaciers. But most had receded 40 – 50% of the distance from their terminal moraines. Looking at the glaciers on our ten-year old topographical map, it was apparent that much of this decline has occurred very recently. For us, it was disheartening to see the rapid degradation of this spectacular wilderness. Yet, when I shared this sentiment with Axelie, an English speaking local, he had a different reaction. “The melting ice cap is good for us. I’m going to strike it rich in gold mining. As the ice recedes, I’ve found some good places to stake my claims.”

Yet another example of how Greenland defies expectations.


Over the course of our visit, we saw only a handful of ringed seals. Where were all the sea mammals? On previous kayaking trips in Alaska and the Canadian Arctic, seals, walruses and whales were a daily sight. In Greenland, the waters were silent. Axelie provided an answer: “The animals and people used to live in balance, but now we have speedboats, snowmobiles and long range rifles.” We witnessed this first-hand when two large boats retrieved us and our gear at the end of the trip. As our Greenlandic drivers drove through the fjords threading between ice floes, one of them spotted a whale spout and we came to a stop to watch. As we did, I noticed both drivers locking in the GPS coordinates and sending frantic messages. It wasn’t a leap to imagine a stream of hunters descending on the area after we were gone.

Nothing was as I expected in Greenland.

From escarpments above the fjords, the water provided an impression of quiet and solitude. Perfect stillness except endless miles of icebergs sailing slowly past pushed by the mild ocean breeze. Rarely have I experienced such silence. Viewed from a kayak, however, everything was different. For days we wove through icebergs of every shape and size imaginable – castellated points reaching hundreds of feet in the air; giant arches; an ice blue Pantheon; an aircraft carrier; an enormous toadstool. But the view was far from silent. Instead, we were bombarded with a cacophony of sounds: icebergs splintering and shattering with a booming sound like a firing cannon; water cupping under ice shelves; the sound of ice melts dripping into the water. All of this against the constant backdrop of small floating bits of glacial ice cracking and fizzing as it released air that had been trapped from a time when dinosaurs roamed the earth.


If’ you’re interested in reading more about Greenland, here are a few books I highly recommend:
– Arctic Adventures/The Arctic Year by Peter Freuchen;
– This Cold Heaven by Gretel Ehrlich
– An African in Greenland by Te’te’-Michel Kpomassie.

Here are some more photographs of Greenland  that you may enjoy. (And, if you do, help my son to get off the “Daddy Dole” and earn money for college by going to the products page and purchasing something.)

Qujanarsuaq (Thank you)


Filed under Uncategorized

Reinventing Law School

(I’m posting an op-ed that appeared in the Huffington Post on September 18, 2014. I  promise that I will get off my butt and start blogging again in the near future.)

Law school was once considered a ticket to prestige, job security, and career satisfaction. Not anymore. According to a new analysis by the National Law Journal, applications to U.S. law schools have declined by more than 37 percent since 2010.

It’s easy to see why. Today’s law students face a contracting job market, massive student debt, stiff competition from abroad, and low job-satisfaction rates.

Law schools must rethink their approach. Like medical schools, they should offer specialized, practical training that ensures students are career-ready the day they graduate.

The nation’s current crop of aspiring attorneys has plenty to worry about. The average student at a private law school will graduate with about $125,000 of debt. The job market for new lawyers is worse than it’s been in two decades, according to a new report from the National Association for Law Placement. In fact, the employment rate for recent graduates has fallen for six straight years.

Making matters worse, most law students leave school ill-prepared for real-world work. For instance, a second-year law student I mentor loved interning at a technology company this summer. Yet she doesn’t think she’ll be able to get a job there, as her school doesn’t offer the specialized education she needs to even apply.

Her problem is hardly new. When I graduated from Santa Clara Law in 1984, I had no training in areas like intellectual property law, contract negotiation, or SEC filings. And I received no training that would help in the business world, like how to deal with HR disputes or handle basic accounting. I was, however, required to spend countless hours studying the intricacies of community property law, civil procedure, and countless other subjects that had little relevance to my chosen career.

Fortunately, I was able to learn on the job. But in today’s environment, most companies are reluctant to invest in the extensive training that even the most brilliant new lawyers require. Instead, many recent grads end up at established law firms, with the hopes of receiving more specialized training and pursuing their real interests once they’ve paid off their loans. Such transitions, however, are hard to pull off, because attorneys trained at large law firms often require retraining once they come in-house.

Compared to attorneys at big firms, in-house lawyers need to understand business basics, be comfortable with risk, and have strong communication skills. Elaborately-worded, five-page emails might be fine at a big law firm trying to cover its bases. But when you’re answering a legal question for a time-crunched CEO, brevity and clarity are far more important. The Digital Age has also hurt job prospects for recent U.S. law school graduates, as legal work has become increasingly portable. Today, companies are able to move work to more cost-effective locations. Some work can even be handled abroad.

Fortunately, law schools can address these challenges by adopting a more practical, career-specific approach to training. Consider the “ReInvent Law Laboratory” at Michigan State. The program was created, in part, to mix technology into the law school’s curriculum. Today, the Law Lab hosts conferences across the world that have been called “TED for lawyers.” The creators hope that by combining tech and law, lawyers will eventually revolutionize their services to better serve the public. At the University of Colorado, the law school offers a four-week Tech Lawyer Accelerator program. After the program ends, students spend a semester working for a startup. As with Northwestern University, the school is working to integrate law with business and technology.

A revamped American system might take its cue from medical schools. Under this model, second and third-year law students would choose a specialty track focused on classes relevant to working in-house, at a law firm, in the public sector, or at a nonprofit. Students would also spend time with a range of practicing lawyers, learning on-the-job in several subspecialties of their chosen field — similar to the rotations of a surgical resident. At the same time, law schools could offer classes in practical business skills like public speaking, corporate management, or even spreadsheet basics.

None of these proposals will be possible, of course, without dramatic reforms by the nation’s bar associations. Indeed, the bar examination’s emphasis on theoretical issues is a chief reason law schools fail to prepare students for the actual practice of law.

A legal-education overhaul of this sort would leave law students better equipped to realize their professional goals, while also making them far more attractive to potential employers. Until law schools and bar associations recognize the need for reform, legal education will remain a risky investment.

1 Comment

Filed under Uncategorized

Waiting for the Anger to Subside.

I’ve been waiting for the anger to subside.

For much of my career, I’ve witnessed the waste and distraction to American business caused by patent trolls and the burden they place on our judiciary. Despite my sometimes cynical attorney exterior, this year I had genuine hope that the U.S. Senate would finally make the legislative changes necessary to remedy this situation. After all, in an era when U.S. politicians can agree on very little, both the House and President came out strongly in favor of patent litigation reform. All that was left was Senate approval. Evidently the patent trolls were anticipating legislative reform as well. This graph (courtesy of Lex Machina)  shows the number of patent cases filed in Federal Court this calendar year. See that spike? Those are patent lawsuits filed immediately before the cutoff date for retroactive application of the fee shifting provision contained in the proposed Senate legislation.

2nd graph

But, in the end, the Senate, after extensive hearings and fact finding, chose not to take action. By doing nothing, the Senate decided that it values jobs for trial attorneys over jobs in STEAM (science, technology, engineering, arts and mathematics) and other areas of innovation.

Senate lobbying by trial attorneys against any type of legislative patent reform was expected.  But, I think many underestimated their influence, especially given the large number of American retail and tech companies that supported the legislation – the signatories to this letter, for example. Also of surprise was the opposition from colleges and universities, many of them public institutions who presumably want to see patent trolls continue to grow as a source for universities to monetize their patentable innovations.

Think about that last nugget for a moment.  Whether through tuition or taxes, we are all funding colleges and universities to educate our citizenry and create employment opportunities. Yet at the same time, many  of these same institutions are selling patents to patent trolls and actively opposing patent reform, and, as a consequence, supporting a system that diverts company resources from funding job creation to litigation defense.  Anyone see a conflict here?

But all is not gloom – far from it. In April, the Supreme Court, unlike Congress, chose to take action. In its decision in Octane Fitness v. Icon Health, the court expanded the circumstances under which a winning litigant can recover attorneys’ fees, helping to end the asymmetry on which patent trolls thrive. Since then a number of courts have taken this decision to heart and begun awarding fees. For my fellow in-house practitioners, make sure to read Judge Cote’s Opinion and Order in Lumen v. Findthebest.com. I’ve never met Judge Cote, but she has become my new judicial superhero.

And, at Adobe, we continue to channel our inner-Churchill (“…we shall fight in the fields and in the streets, we shall fight in the hills; we shall never surrender…”) with great success. This year we have had four cases in which patent trolls requested a dismissal before trial – and Adobe paid nothing. In one case, we were successful in disqualifying a law firm representing a patent troll because the firm had previously represented Adobe. Then we took it a step further and sued the firm for recovery of our attorneys’ fees – and prevailed. In this battle, law firms need to decide whether they are going support patent trolls or companies. (For similar reasons, we have a policy at Adobe of not employing law firms who also represent patent trolls.)

Last week, I sat through extensive reviews in preparation for two patent troll cases that are scheduled for trial in late summer. In one case, Adobe is alleged as the patent infringer;  in the other, we are indemnifying one of our customers. In both, we are well represented, prepared and looking for our day in court.  If Congress won’t act, it is up to all of us to defend ourselves against these abuses. Patent litigation defense is expensive, time-consuming, and wasteful of resources. It can be tempting to just shell out a few dollars to make the current case go away.  But, for those that can afford it, standing up to the trolls is the right thing to do, and the only path forward.



Filed under Uncategorized

Letter to Jens


It’s almost too much to ask. At 42 years old, you are twice the age of some of your opponents in one of the most grueling of sports – professional cycling. Yet, each year you astonish us. In 2013, it was your surprise Stage 5 Amgen victory against some of the greatest sprinters in the world. Before that it was your stage wins in the Tour de France. Too frequently, it is your almost inhuman ability to recover from crashes.

You’re living proof of what Mark Twain said: “Age is a matter of mind. If you don’t mind, it doesn’t matter.”

You never seem to mind.

photo 3But, as with many of your other fans, I find myself wondering if you can do it again this year. After riding up Mt. Hamilton over this last weekend, I’ve decided that tomorrow’s Amgen Stage 3 is your best chance. Leaving San Jose, the route winds over Mt. “Ham” and ends atop Mt. Diablo, 108 miles later.

You are renowned for being one of the more loquacious riders in professional cycling. It’s not just that you’re talkative, but it’s also your German accent and, above all, your infectious energy that fans and fellow riders find so entertaining. Use this to your advantage!  Mt. Ham is putting on its springtime spectacle. Wildflowers are exploding across the hills. Take some time this evening to learn about a few of them. Then, as the peleton is making the climb tomorrow morning, begin giving everyone a lesson about the flora of Santa Clara Cophoto 6unty.

Wiggo, that purple flower is a penstemon. Did you know that Native Americans used it for the treatment of sexually transmitted diseases?  Ja, it’s true. Maybe you want to stop to pick some?”

Phinney, that plant with the red flowers is called ‘Castilleja’, but many refer to it by its common name – ‘Wooly Indian Paintbrush’.  Those flowers are edible. Some people dry them and use them as a condiment. You should stop and try some! You can catch up with me later.”

photo 4Carter, those are Golden Poppies, they match your Optum team colors  very nicely, don’t you think? You should  pick a few for your team masseuse – she will love them.” (Don’t tell Carter that this is the California state flower and picking them is illegal – with luck he will be arrested before the climb up Mt. Diablo.)

Can you imagine how the younger riders will respond when you begin providing this tutorial as you climb toward the summit?! They will think not only does the old guy have the lungs and energy to keep up with them, but he proves to be an expert in native wildflowers as well!photo

If by any chance the other riders aren’t sufficiently distracted and are still with you, take their line and force them to brush against the leaves of this plant. It won’t have any immediate effect, but by Stage 6 the itching should make for a long and challenging day in the saddle.

When you see this sign – make your move! Five quick miles and then a smooth descent toward Mt. Diablo. All you need to do is channel your mantra of “Schließen Sie Beine.”


Lastly, if you feel your energy flagging before the summit, I left a small bottle of Berentzen for you at the observatory.


Your pal,






Filed under Uncategorized

If it Quacks like a Duck…

As I discussed recently, the modus operandi for patent trolls is to blanket an industry or market with threats of litigation (or actual lawsuits), while doing little research to determine if the cases have merit. Patent trolls know that some portion of companies will pay quickly to get rid of a case rather than go through the distraction and expense of fighting a lawsuit.  A couple of recent successful cases where Adobe did not settle, are illustrative of how patent trolls operate.

The first case involved a patent troll known as TQP.  TQP is headquartered in Texas and appears to have two employees. One is the inventor of U.S. Patent 5,412,730 (granted in 1995), which TQP claims to apply to certain encryption algorithms used by most current internet browsers. The other employee is an attorney.

Quick question – does anyone else think that something’s amiss when 50% of a company’s employees are attorneys?

Since 2008, TQP has filed patent lawsuits against more than 200 hundred companies ranging from financial institutions to airlines, mobile phone companies, insurance companies, drug stores, grocery stores, energy companies and tech companies asserting that these companies infringe Patent No. 5,412,730.

Given the number of companies that TQP has sued, it wasn’t a surprise to Adobe when we were also named as a defendant. What was surprising, however, was that the law firm representing TQP was Russ, August & Kabat.

Let me see, where have I heard that name before? Oh, yeah, now I remember. This is the same firm that has represented Adobe in a variety of patent related work since 2006. This work included  reviewing Adobe’s technology and providing opinions that Adobe did not infringe various patents in cases brought by patent trolls.

In the legal world that’s what we refer to as a “conflict of interest”. A big one.

As a result, we asked the court to disqualify Russ, August & Kabat from representing TQP in the case against Adobe.  The court agreed and given that, among other factors, TQP did not want to bear the cost or complexity of hiring another firm to represent them, especially against someone willing to fight, they dismissed Adobe from the case.  The right outcome for Adobe, but not without cost. We spent $300,000 in legal fees to defend the case. We have since instituted a state court action against the law firm asking for the return of some of those fees.

It’s worth noting that the first time we learned that they weren’t our counsel anymore was when the law firm sued us on behalf of TQP. That’s not how law firms are supposed to behave. But as Glenn Frey would say, “the lure of easy money, it’s got a very strong appeal.”

In another case, a different strategy achieved a similar result for Adobe.

Ingeniador is a company with its principal place of business in San Juan, Puerto Rico. I can find nothing that indicates that Ingeniador actually makes any products.  Instead on its website it claims to be “a worldwide team of scientists, engineers and entrepreneurs pioneering leading-edge research in mobile, e-commerce and healthcare technologies.  Ingeniador is proof positive of the globalization of innovation.”


Perhaps some of that is true, but if it walks like a duck, and quacks like a duck…

In 2011, Ingeniador filed lawsuits in Puerto Rico against 16 companies  including Oracle, Microsoft and HP alleging that they infringed on U.S. Patent No. 6,990,629 through use of LDAP, a widely used industry standard protocol for maintaining and accessing directory information over the internet. These cases were all settled or dismissed.

In December, 2012, Ingeniador filed another round of lawsuits against nine companies, including GE Healthcare, Nuance Communications, McKesson Corp. and Adobe based on the same patent. These lawsuits were filed in Texas.  Within 6 months of filing all the defendants, except Adobe, had either settled or been dismissed from the lawsuit.

Adobe chose to keep fighting the case (rejecting several offers to settle) and filed a request to change venue so that a trial would take place in Northern California. We thought this made more sense. After all, if Ingeniador is headquartered in Puerto Rico and Adobe is headquartered in California, doesn’t it make more sense to have a trial in one of those two locations rather than Texas?

The Texas trial judge agreed with us and granted our request.  And, no surprise, within 2 months of the judge’s ruling, Ingeniador decided it had lost interest in pursuing Adobe and agreed to dismiss the case against us.

Again, a good result for Adobe, but this time one which cost the company $700,000 in legal fees.

Two Supreme Court decisions last week may help to reduce the asymmetry that creates an incentive for patent trolls to threaten or sue whomever they wish wherever they wish, regardless of the merit of the case. But, in the end Congressional action is what is needed.



Filed under Uncategorized

Five Things from: April

1. “Joy (joi) n. 1. a. Intense and especially ecstatic or exultant happiness.” Visually it looks like this.

2.  I thought Amelie  was fiction?

3. For all my golfing friends who are ready to make the change.

4. For all my cycling friends.

5. Your Meme o’ the Month.


Filed under Uncategorized