Nixon & Vanderhye Transforms IP Data Workflow with First To File

The issues relating to electronic files interested me, and therefore I was selected by my partners to chair the firm's electronic file room (EFR) committee.

Exploring Traditional Storage Options

Prior to exploring technology options, we had considered various traditional file storage and file management options, including off-site storage, compression file cabinets and file bar-coding technology.

Leasing offsite storage space was not a viable option, since our files had to be immediately accessible. The costs of offsite storage, compared to the carrying costs for existing file room space, were also prohibitively expensive.

Installing moving compression-style cabinets to maximize the number of files that could be accommodated in our fixed file room space was another option we considered. These compression cabinets included entire shelf units on tracks that could be rolled and positioned immediately adjacent to one another. Again, it was determined that the expense for this option was cost-prohibitive and did not represent a long-term solution to the file room space issues we were confronting.

One short-term issue, pertaining to paper files that also concerned us, included the time spent by attorneys and staff to locate and physically move the files throughout the firm. We initially considered bar-coding each file to improve file tracking within the firm and minimize time spent searching for files. However, bar-coding was too expensive for a short-term solution.

Document Management Systems Explored

Since the storage alternatives we explored were unattractive, we started searching for electronic options. Initially, what we found were generic document management systems selling themselves as IP management systems. In essence, these systems allowed any user to virtually and immediately possess files in electronic format by simply scanning all existing documents as PDFs and storing the scanned documents on-site, on a network server.

However, a simple storage mechanism wasn't really what the committee believed was a workable long-term solution to the issues we faced regarding file-interaction functionality. The generic document management systems simply store documents on a server-based document management system, but do not actually assist with the critical workflow element of our firm's practice ' moving information between the responsible parties in the office.

We believed workflow management would be critical to a real solution and enable us to:

• Associate a particular workflow with a specific case;
• Move documents from one point to another without relying on e-mail;
• Improve upon the typical approach of organizing documents by number and in sub-folders, as most document management systems do; and
• Avoid the complexities, confusion and administrative nightmare of docketing multiple “soft” due dates.

An overriding goal of the EFR committee was to preserve the way we do business. Therefore, we wanted a user interface that mimicked the paper file “interface” that our lawyers were already familiar with, and allowed tasks to be circulated through the firm between responsible parties.

Additionally, we needed a system to be flexible enough to facilitate the way we operate, as opposed to conforming to a system's limitations. In this regard we could accomplish what we already do, but do so in a more efficient and organized manner.

Finding First To File

Our committee ultimately found information online about First To File and its capabilities. First To File offered the business benefits we sought, including support for Nixon & Vanderhye's workflows and lower document storage costs. Web-based storage also has the capacity to facilitate remote work, and therefore Nixon & Vanderhye lawyers could manage their portfolios independently of their physical location by offering secure access to their pending patent prosecution files.

Several concerns arose among the partnership relating to the consideration of the First To File system. For one thing, First To File is a Web-based system. Thus reliability is critical when all of the firm's files are placed in the custody of a third party. In addition, ensuring the firm's Internet connection became an utmost priority. The reliability issues were real problems to consider. We addressed this concern by establishing redundant Internet connections and a file backup and disaster recovery protocol.

Even though our firm's internal systems and the First To File system are highly reliable, there is always the possibility that one of the systems could experience down time. Any downtime of significant duration would of course be catastrophic. Therefore we developed, in conjunction with First To File, a backup and disaster recovery protocol from which we could get our files in case of emergency. First To File wrote scripts, with help from our IT department, to automatically back everything up each night. At any time, if we were to lose Internet access, we could go to our backup and find documents for each patent case in their own folders.

The Backup Plan

First To File keeps files on a WebDav-driven file server in a Windows-based directory format. This well-known directory setup means little-to-no learning curve for people already familiar with Nixon & Vanderhye's existing file naming system, should they ever need to access files from directories.

The WebDav system resides on First To File's net appliances. Original files are uploaded to First To File servers, which then publish them to Nixon & Vanderhye servers (on-site at the firm) for backup purposes.

Kathy Smith, our firm's system administrator, worked with First To File to implement backups. She put storage hardware in place to accommodate automatic downloads of documents from the First To File servers to our office. First To File worked with Smith to verify the specifications for the hardware we needed (as it turned out, all that was needed was a Windows 2008 server with 3TB of storage to accommodate growth). First To File created a script that was set up to run in the Task Scheduler based on the time we wanted the script to run. The documents are downloaded and saved to the Windows filing system at that time. Access can be granted by mapping a network drive to the server.

Implementation

Expanding from six First To File beta users at Nixon & Vanderhye, we took the rollout slowly, using our old systems concurrently with First To File, so as to avoid introducing abrupt changes to attorneys and staff.

We also did not want to upset our existing docketing system until there were a sufficiently large number of First To File users, which would justify the docketing personnel migration to the system. We therefore decided to migrate the beta group's documents first. Since then, our entire docketing system has been integrated and we have begun distributing documents electronically to virtually everyone in the firm.

As part of the implementation process, we also took the opportunity to refine certain long-standing business procedures. To accomplish this, we created detailed flowcharts, with First To File's help, to map workflows that suited the way our firm operated.

Integration between Open Text DMS and First To File

Our firm uses a document management system called OpenText eDocs that features an app called DM Interceptor. Once set up, Interceptor launches the document management library instead of the Windows directory, or pops up when you click Browse in another application to attach, open or save a file.

We use DM Interceptor often, so it had to be integrated with First To File. Since the integration occurred within Internet Explorer and Firefox, Interceptor wouldn't work with a Java background, so First To File developed a Microsoft Silverlight alternative for us to make the interception when our users were in the First To File Web-based system.

Integration Between IPMaster Docketing and First To File

First To File created a script to automatically pull the exact cases and corresponding data that Nixon & Vanderhye needs, importing it from its IPMaster docketing system into First To File's system hourly. We determined what fields from our docketing database needed to be mapped into First To File.

The firm has a policy of not entering docketing data directly into the First To File system. Maintaining a single and automated point of entry prevents errors. With one point of entry, you also have more control. If something has changed, it is changed in both places.

Conclusion

The practice of IP and patent law demands a sophisticated system to simplify the relatively complex tasks associated with an IP law practice. I can categorically say my own personal practice efficiencies and organization have improved significantly since I started using the First To File system.

By way of example, when a U.S. Patent Office Examiner telephones to discuss a case, I can now have immediate electronic recall of any file document in question without having to first locate the file and then return the Examiner's call. My files are completely organized and prioritized so I start each day knowing exactly what tasks need to be accomplished. Rather than searching an estimated three to four hours a week for misplaced files and/or files in transit, I now have instant access to all my files at all times.

Using paper files, our firm had limited visibility into what workload was on each individual's desk and what the status of each matter. Now with First To File's dashboard, attorneys and management can see precisely the work stages of each matter assigned to any individual. We also can now determine precisely at a glance how much workload each individual is carrying so as to more efficiently distribute matters as they become due.

For the first time, I truly have a high-altitude view of my entire practice from my desk because of First To File. The technology completely streamlines our workflows, and yet we are still able to maintain the proven business processes that made us successful. It is very reassuring to be in control of information pertaining to my practice to this extent, and to know that our firm as a whole is markedly more efficient and effective as a result of this technology implementation.

Nixon & Vanderhye, P.C., is a uniquely structured law firm comprised of 37 shareholders, providing representation in all aspects of intellectual property law, including patent and trademark litigation and prosecution.

Several years ago, we took an interest in electronic file systems. Why? Simply put, our paper files were taking up too much space. In fact, our files occupied so much space that managing the file room necessitated reallocating staff to periodically sort and reorganize the files, resulting in a productivity drain.

As our practice and the number of files we handled both grew, we continually needed to manage and expand our file room space. However, since the file room space could not be used productively to accommodate fee billers, maintaining a large file room amounted to a negative ongoing overhead cost for the firm.

The issues relating to electronic files interested me, and therefore I was selected by my partners to chair the firm's electronic file room (EFR) committee.

Exploring Traditional Storage Options

Prior to exploring technology options, we had considered various traditional file storage and file management options, including off-site storage, compression file cabinets and file bar-coding technology.

Leasing offsite storage space was not a viable option, since our files had to be immediately accessible. The costs of offsite storage, compared to the carrying costs for existing file room space, were also prohibitively expensive.

Installing moving compression-style cabinets to maximize the number of files that could be accommodated in our fixed file room space was another option we considered. These compression cabinets included entire shelf units on tracks that could be rolled and positioned immediately adjacent to one another. Again, it was determined that the expense for this option was cost-prohibitive and did not represent a long-term solution to the file room space issues we were confronting.

One short-term issue, pertaining to paper files that also concerned us, included the time spent by attorneys and staff to locate and physically move the files throughout the firm. We initially considered bar-coding each file to improve file tracking within the firm and minimize time spent searching for files. However, bar-coding was too expensive for a short-term solution.

Document Management Systems Explored

Since the storage alternatives we explored were unattractive, we started searching for electronic options. Initially, what we found were generic document management systems selling themselves as IP management systems. In essence, these systems allowed any user to virtually and immediately possess files in electronic format by simply scanning all existing documents as PDFs and storing the scanned documents on-site, on a network server.

However, a simple storage mechanism wasn't really what the committee believed was a workable long-term solution to the issues we faced regarding file-interaction functionality. The generic document management systems simply store documents on a server-based document management system, but do not actually assist with the critical workflow element of our firm's practice ' moving information between the responsible parties in the office.

We believed workflow management would be critical to a real solution and enable us to:

• Associate a particular workflow with a specific case;
• Move documents from one point to another without relying on e-mail;
• Improve upon the typical approach of organizing documents by number and in sub-folders, as most document management systems do; and
• Avoid the complexities, confusion and administrative nightmare of docketing multiple “soft” due dates.

An overriding goal of the EFR committee was to preserve the way we do business. Therefore, we wanted a user interface that mimicked the paper file “interface” that our lawyers were already familiar with, and allowed tasks to be circulated through the firm between responsible parties.

Additionally, we needed a system to be flexible enough to facilitate the way we operate, as opposed to conforming to a system's limitations. In this regard we could accomplish what we already do, but do so in a more efficient and organized manner.

Finding First To File

Our committee ultimately found information online about First To File and its capabilities. First To File offered the business benefits we sought, including support for Nixon & Vanderhye's workflows and lower document storage costs. Web-based storage also has the capacity to facilitate remote work, and therefore Nixon & Vanderhye lawyers could manage their portfolios independently of their physical location by offering secure access to their pending patent prosecution files.

Several concerns arose among the partnership relating to the consideration of the First To File system. For one thing, First To File is a Web-based system. Thus reliability is critical when all of the firm's files are placed in the custody of a third party. In addition, ensuring the firm's Internet connection became an utmost priority. The reliability issues were real problems to consider. We addressed this concern by establishing redundant Internet connections and a file backup and disaster recovery protocol.

Even though our firm's internal systems and the First To File system are highly reliable, there is always the possibility that one of the systems could experience down time. Any downtime of significant duration would of course be catastrophic. Therefore we developed, in conjunction with First To File, a backup and disaster recovery protocol from which we could get our files in case of emergency. First To File wrote scripts, with help from our IT department, to automatically back everything up each night. At any time, if we were to lose Internet access, we could go to our backup and find documents for each patent case in their own folders.

The Backup Plan

First To File keeps files on a WebDav-driven file server in a Windows-based directory format. This well-known directory setup means little-to-no learning curve for people already familiar with Nixon & Vanderhye's existing file naming system, should they ever need to access files from directories.

The WebDav system resides on First To File's net appliances. Original files are uploaded to First To File servers, which then publish them to Nixon & Vanderhye servers (on-site at the firm) for backup purposes.

Kathy Smith, our firm's system administrator, worked with First To File to implement backups. She put storage hardware in place to accommodate automatic downloads of documents from the First To File servers to our office. First To File worked with Smith to verify the specifications for the hardware we needed (as it turned out, all that was needed was a Windows 2008 server with 3TB of storage to accommodate growth). First To File created a script that was set up to run in the Task Scheduler based on the time we wanted the script to run. The documents are downloaded and saved to the Windows filing system at that time. Access can be granted by mapping a network drive to the server.

Implementation

Expanding from six First To File beta users at Nixon & Vanderhye, we took the rollout slowly, using our old systems concurrently with First To File, so as to avoid introducing abrupt changes to attorneys and staff.

We also did not want to upset our existing docketing system until there were a sufficiently large number of First To File users, which would justify the docketing personnel migration to the system. We therefore decided to migrate the beta group's documents first. Since then, our entire docketing system has been integrated and we have begun distributing documents electronically to virtually everyone in the firm.

As part of the implementation process, we also took the opportunity to refine certain long-standing business procedures. To accomplish this, we created detailed flowcharts, with First To File's help, to map workflows that suited the way our firm operated.

Integration between Open Text DMS and First To File

Our firm uses a document management system called OpenText eDocs that features an app called DM Interceptor. Once set up, Interceptor launches the document management library instead of the Windows directory, or pops up when you click Browse in another application to attach, open or save a file.

We use DM Interceptor often, so it had to be integrated with First To File. Since the integration occurred within Internet Explorer and Firefox, Interceptor wouldn't work with a Java background, so First To File developed a Microsoft Silverlight alternative for us to make the interception when our users were in the First To File Web-based system.

Integration Between IPMaster Docketing and First To File

First To File created a script to automatically pull the exact cases and corresponding data that Nixon & Vanderhye needs, importing it from its IPMaster docketing system into First To File's system hourly. We determined what fields from our docketing database needed to be mapped into First To File.

The firm has a policy of not entering docketing data directly into the First To File system. Maintaining a single and automated point of entry prevents errors. With one point of entry, you also have more control. If something has changed, it is changed in both places.

Conclusion

The practice of IP and patent law demands a sophisticated system to simplify the relatively complex tasks associated with an IP law practice. I can categorically say my own personal practice efficiencies and organization have improved significantly since I started using the First To File system.

By way of example, when a U.S. Patent Office Examiner telephones to discuss a case, I can now have immediate electronic recall of any file document in question without having to first locate the file and then return the Examiner's call. My files are completely organized and prioritized so I start each day knowing exactly what tasks need to be accomplished. Rather than searching an estimated three to four hours a week for misplaced files and/or files in transit, I now have instant access to all my files at all times.

Using paper files, our firm had limited visibility into what workload was on each individual's desk and what the status of each matter. Now with First To File's dashboard, attorneys and management can see precisely the work stages of each matter assigned to any individual. We also can now determine precisely at a glance how much workload each individual is carrying so as to more efficiently distribute matters as they become due.

For the first time, I truly have a high-altitude view of my entire practice from my desk because of First To File. The technology completely streamlines our workflows, and yet we are still able to maintain the proven business processes that made us successful. It is very reassuring to be in control of information pertaining to my practice to this extent, and to know that our firm as a whole is markedly more efficient and effective as a result of this technology implementation.