Richard Frenkel
Encyclopedia
Richard "Rick" G. Frenkel (born 1966 or 1967 ) was an in-house intellectual property
counsel and director of intellectual property at Cisco Systems
.Michelle Massey, Patent troll tracker sued for defamation, The Southeast Texas Record, March 13, 2008. Retrieved on March 15, 2008. He was once the anonymous author of the Patent Troll Tracker blog
, focusing on the subject of "patent troll
s" and "a must-read blog among top intellectual property litigators".
In October 2007, Richard Frenkel made anonymous blog comments on a patent infringement
case in which Cisco was the defendant. 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), and that subsequently ESN's local counsel convinced a federal courthouse clerk to switch the date on the docket to the next day. At that time, a $15,000 bounty
for his identity had also been offered by Chicago attorney Raymond Niro Sr.
After Rick Frenkel revealed his identity on February 23, 2008, in entry titled "Live by anonymity, die by anonymity", attorneys T. John Ward, Jr., the son of East Texas
federal Judge T. John Ward
, and Eric Albritton filed defamation actions against Cisco and Frenkel. "The attorneys are seeking damages
for shame
, embarrassment
, humiliation
, mental pain, and anguish
. Further, the attorneys state injuries to their "business reputation, good name, and standing in the community, and will be exposed to the hatred
, contempt
, and ridicule
of the public in general as well as of his business associates, clients, friends, and relatives.""
The case raised questions about the risks of blogging anonymously, and received wide publicity in the blogosphere
as it was thought that the lawsuits could result in precedents to be applied to future blog
gers. Subsequently, Cisco updated its policy on employee blogging.
The Albritton case went to trial in Tyler, Texas
on September 14, 2009. After Judge Richard A. Schell
ruled that Albritton had to prove actual malice
to be eligible for punitive damages, the litigation settled. The Ward case—which was filed against Cisco and not Frenkel—settled in January 2010.
Frenkel left Cisco in August 2008 to join the Palo Alto office of Wilson Sonsini Goodrich & Rosati
as a patent litigator. He is a partner
with the firm. At the time he joined the firm, he said he was done with blogging.
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
counsel and director of intellectual property at Cisco Systems
Cisco Systems
Cisco Systems, Inc. is an American multinational corporation headquartered in San Jose, California, United States, that designs and sells consumer electronics, networking, voice, and communications technology and services. Cisco has more than 70,000 employees and annual revenue of US$...
.Michelle Massey, Patent troll tracker sued for defamation, The Southeast Texas Record, March 13, 2008. Retrieved on March 15, 2008. He was once the anonymous author of the Patent Troll Tracker blog
Blog
A blog is a type of website or part of a website supposed to be updated with new content from time to time. Blogs are usually maintained by an individual with regular entries of commentary, descriptions of events, or other material such as graphics or video. Entries are commonly displayed in...
, focusing on the subject of "patent troll
Patent troll
Patent troll is a pejorative but questioned term used for a person or company who is a non-practicing inventor, and buys and enforces patents against one or more alleged infringers in a manner considered by the target or observers as unduly aggressive or opportunistic, often with no intention to...
s" and "a must-read blog among top intellectual property litigators".
In October 2007, Richard Frenkel made anonymous blog comments on a patent infringement
Patent infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or...
case in which Cisco was the defendant. On the blog, he claimed that the plaintiff, a company named ESN, filed a law suit a day before the patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
was issued (which if true meant the case had no legal standing), and that subsequently ESN's local counsel convinced a federal courthouse clerk to switch the date on the docket to the next day. At that time, a $15,000 bounty
Bounty (reward)
A bounty is a payment or reward often offered by a group as an incentive for the accomplishment of a task by someone usually not associated with the group. Bounties are most commonly issued for the capture or retrieval of a person or object. They are typically in the form of money...
for his identity had also been offered by Chicago attorney Raymond Niro Sr.
After Rick Frenkel revealed his identity on February 23, 2008, in entry titled "Live by anonymity, die by anonymity", attorneys T. John Ward, Jr., the son of East Texas
East Texas
East Texas is a distinct geographic and ecological area in the U.S. state of Texas.According to the Handbook of Texas, the East Texas area "may be separated from the rest of Texas roughly by a line extending from the Red River in north central Lamar County southwestward to east central Limestone...
federal Judge T. John Ward
T. John Ward
T. John Ward is a retired United States federal judge for the Eastern District of Texas.He is best known for the large number of patent infringement cases previously brought beforehis court in Marshall, Texas.-Biography:T...
, and Eric Albritton filed defamation actions against Cisco and Frenkel. "The attorneys are seeking damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
for shame
Shame
Shame is, variously, an affect, emotion, cognition, state, or condition. The roots of the word shame are thought to derive from an older word meaning to cover; as such, covering oneself, literally or figuratively, is a natural expression of shame....
, embarrassment
Embarrassment
Embarrassment is an emotional state of intense discomfort with oneself, experienced upon having a socially unacceptable act or condition witnessed by or revealed to others. Usually some amount of loss of honour or dignity is involved, but how much and the type depends on the embarrassing situation...
, humiliation
Humiliation
Humiliation is the abasement of pride, which creates mortification or leads to a state of being humbled or reduced to lowliness or submission. It can be brought about through bullying, intimidation, physical or mental mistreatment or trickery, or by embarrassment if a person is revealed to have...
, mental pain, and anguish
Anguish
Anguish is a term used in philosophy, often as a translation from the German Angst. It is a paramount feature of existentialist philosophy, in which anguish is often understood as the experience of an utterly free being in a world with zero absolutes...
. Further, the attorneys state injuries to their "business reputation, good name, and standing in the community, and will be exposed to the hatred
Hatred
Hatred is a deep and emotional extreme dislike, directed against a certain object or class of objects. The objects of such hatred can vary widely, from inanimate objects to animals, oneself or other people, entire groups of people, people in general, existence, or the whole world...
, contempt
Contempt
Contempt is an intensely negative emotion regarding a person or group of people as inferior, base, or worthless—it is similar to scorn. It is also used when people are being sarcastic. Contempt is also defined as the state of being despised or dishonored; disgrace, and an open disrespect or willful...
, and ridicule
Ridicule
Ridicule is a 1996 French film set in the 18th century at the decadent court of Versailles, where social status can rise and fall based on one's ability to mete out witty insults and avoid ridicule oneself...
of the public in general as well as of his business associates, clients, friends, and relatives.""
The case raised questions about the risks of blogging anonymously, and received wide publicity in the blogosphere
Blogosphere
The blogosphere is made up of all blogs and their interconnections. The term implies that blogs exist together as a connected community or as a social network in which everyday authors can publish their opinions...
as it was thought that the lawsuits could result in precedents to be applied to future blog
Blog
A blog is a type of website or part of a website supposed to be updated with new content from time to time. Blogs are usually maintained by an individual with regular entries of commentary, descriptions of events, or other material such as graphics or video. Entries are commonly displayed in...
gers. Subsequently, Cisco updated its policy on employee blogging.
The Albritton case went to trial in Tyler, Texas
Tyler, Texas
Tyler is a city in and the county seat of Smith County, Texas, in the United States. It takes its name from President John Tyler . The city had a population of 109,000 in 2010, according to the United States Census Bureau...
on September 14, 2009. After Judge Richard A. Schell
Richard A. Schell
Richard A. Schell is a United States federal judge.Born in Dallas, Texas, Schell received a B.A. from Southern Methodist University in 1972 and a J.D. from Southern Methodist University in 1975. He was an Instructor, Southern Methodist University Law School from 1975 to 1976. He was an Assistant...
ruled that Albritton had to prove actual malice
Actual malice
Actual malice in United States law is a condition required to establish libel against public officials or public figures and is defined as "knowledge that the information was false" or that it was published "with reckless disregard of whether it was false or not." Reckless disregard does not...
to be eligible for punitive damages, the litigation settled. The Ward case—which was filed against Cisco and not Frenkel—settled in January 2010.
Frenkel left Cisco in August 2008 to join the Palo Alto office of Wilson Sonsini Goodrich & Rosati
Wilson Sonsini Goodrich & Rosati
Wilson Sonsini Goodrich & Rosati is a law firm in the United States that specializes in business, securities, and intellectual property law. The firm's Chairman, Larry Sonsini, is well known as an attorney and advisor to technology companies....
as a patent litigator. He is a partner
Partnership
A partnership is an arrangement where parties agree to cooperate to advance their mutual interests.Since humans are social beings, partnerships between individuals, businesses, interest-based organizations, schools, governments, and varied combinations thereof, have always been and remain commonplace...
with the firm. At the time he joined the firm, he said he was done with blogging.
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 CrouchDennis CrouchDennis David Crouch is an American patent attorney who worked for McDonnell Boehnen Hulbert & Berghoff LLP in Chicago, Illinois, until 2007. In 2007, he accepted a post of associate professor at the University of Missouri School of Law in Columbia, Missouri.In 1997, he received his B.S.E...
, Troll Tracker, Defamation, and Splitting the Bar, PatentlyO blog, March 12, 2008