Just A Simple CDA?
Jeff NewtonIP Attorney, Avago Technologies, Fort Collins, CO, USA A confidential disclosure agreement (CDA) is arguably the most commonly used contract between companies. However, its commonality and ease of use can overshadow the many serious implications and issues associated with a CDA. Of the many issues surrounding CDAs, this article highlights five aspects of CDAs […]
Price Your Case: Expected Value Calculations In Patent Litigation
Scott BechtelPresident, Amicour International, Lafayette, IN, USA Ray I. ThrockmortonExecutive Vice President, Amicour International, Lafayette, IN, USA When a complaint is served, most defendants ask, “Can I win?” The ability to qualify the risks related to litigation is often challenging. Some may even call it next to impossible to do, but this is exactly what […]
Best Practices For Evaluation And Protection Of IP In DOD Laboratories
Cynthia GonsalvesActing Director, Office of Technology Transition, Office of the Deputy Under Secretary of Defence, USA Michael J. MartinPresident, TechTransfer Associate, Inc., Blacksburg, VA USA Tim WittigFounder and Principal, SAIC Technology Management Advisors, Rockville, MD, USA Sylvia R. JacobsTechnology Assessment and Applications Mgr., L-3 Services, Inc., Marlton, NJ, USA Best practices in evaluating and protecting […]
Leveraging Software Via The Capital Markets
Dwight C. OlsonPrincipal, V3Data, San Diego, CA, USA David C. DrewsPresident, IP Metrics, San Diego, CA, USA In Gordon Smith’s book “Valuation of Intellectual Property and Intangible Assets,” third edition, he discusses that proprietary technology or trade secrets and know-how is often more valuable to an enterprise than its patents. He references Karl Jorda, David […]
“FRAND” Undertakings In Standardization — A Business Perspective
Timo RuikkaStrategy Advisor, IPR Intellectual Property, Nokia Corp., Espoo, Finland This paper discusses the business reasoning for the practice whereby standard development organizations (SDOs) require undertakings to license Essential patents on fair reasonable and nondiscriminatory terms (FRAND undertakings) as a condition of approving standard specifications. The central business reason for this practice is for the […]
Attacks On U.S. Patent System Threaten Growth Of Green Economy In The United States
Matthew SiegalPartner, Intellectual Property Group, Stroock & Stroock & Lavan LLP, New York, NY, USA Climate change unquestionably is a global problem. Nonetheless, that problem raises different issues in different countries. This article examines, from the perspective of the domestic situation in the United States, one specific issue: how attacks on the U.S. patent system […]
Patent Litigation Trends In Damages Awards, Success Rates And Time-To-Trial
Aron LevkoPrincipal, PricewaterhouseCoopers, LLP, Chicago, Il, USA Vincent TorresDirector, PricewaterhouseCoopers, LLP, Chicago, Il, USA With the current threat of an economic recession, commercial litigation and, in particular, patent litigation is picking up. This comes at a moment of heightened action in the patent arena: a recent damages award of $1.5 billion, eight other damages awards […]
The U.S. Supreme Court Clarifies Patent Exhaustion
John C. PaulPartner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, D.C., USA Kia L. FreemanAttorney, Henderson, Farabow, Garrett & Dunner, LLP, Washington, D.C., USA Bart A. GerstenblishAttorney, Henderson, Farabow, Garrett & Dunner, LLP, Washington, D.C., USA Jessica R. UnderwoodAttorney, Henderson, Farabow, Garrett & Dunner, LLP, Washington, D.C., USA In the United States, the doctrine […]
Review: Modern Licensing Law 2008-2009 Edition
John T. RamsayQ.C., Partner, Gowling, LaFleur, Henderson, LLP Barristers & Solicitors, Calgary, Alberta, Canada The stated objects of this comprehensive book (with 1,051 pages of text plus appendices and an index) are to offer an “integrated analysis” of the licensing not only of patents, copyright, trademarks and trade secrets, but also of information not covered […]
Revenue Interest Financing: A Strategic Alternative To Accessing Capital Through Licensing In The Life Sciences
John R. LeonePaul Capital Partners, Partner, New York, NY Louis P. BernemanCLP, Texelerate, President, Philadelphia, PA Introduction Out-licensing is a mainstay of life science business development and financing strategies because it can be deployed to achieve a variety of goals. Companies frequently use licensing in order to access resources (financial and non-financial) that are unavailable […]
