Recent Rulings On The Entire Market Value Rule And Impacts On Patent Litigation And Valuation
Eric PhillipsVLF Consulting, Inc. David BoagAmster Rothstein &, Ebenstein LLP The Federal Circuit’s 2009 decision in Cornell University v. Hewlett-Packard Co., 609 F. Supp. 2d 279 (N.D.N.Y. 2009) ushered in substantial changes to the computation of reasonable royalty damages in intellectual property litigation. Following Cornell and several other cases, the courts increasingly focus on whether […]
The Exhaustion Theory Is Not Yet Exhausted Part 2
Erik VerbraekenJohnson Controls Three years ago, I wrote in this magazine an article « Recent Developments in the U.S. and the EU : The Exhaustion Theory Is Not Yet Exhausted” (LES Nouvelles September 2009). A recent decision of the European Court of Justice in the Oracle vs. UsedSoft case has brought new food for thought to the […]
Patent Licensing And Assignment With An Eye Toward Enforcement: Tips For University Patent Owners
Christopher LarusRobins, Kaplan, Miller& Ciresi L.L.P. John K. HartingRobins, Kaplan, Miller& Ciresi L.L.P. Sharon Roberg-PerezRobins, Kaplan, Miller& Ciresi L.L.P. As is well-known to any university licensing professional, the value of an institution’s intellectual property is directly tied to successful out-licensing campaigns. But even the most harmonious licensing relationships may go south, leaving litigation as the […]
Cystic Fibrosis Patents: A Case Study Of Successful Licensing
Mollie A. MinearDuke University Cristina KapustijTwo Pore Guys, Inc. Kaeleen BodenCase Western Univ. and Duke Univ. Inst. for Genome Sciences & Policy Subhashini ChandrasekharanDuke University Robert Cook-DeeganDuke University From 2006-2010, Duke University’s Center for Public Genomics prepared eight case studies examining the effects of gene patent licensing practices on clinical access to genetic testing for […]
The Clear Decision In Uniloc Needs Clarification
Drew E. VothAlvarez & Marsal Valuation Services, LLC Kathleen PetrichGraham & Dunn PC Much has been written about the Federal Circuit Court of Appeal’s (“CAFC”) decision in the Uniloc case eviscerating the 25% Rule, but relatively little about the equally eyebrow-raising decision relating to the Entire Market Value Rule.
Achieving Breakthrough Innovation And Adjacent Space Growth Through Collaborative Innovation
Gene SlowinskiRutgers University Business School and Alliance Management Group Matthew W. SagalAlliance Management Group Collaborative Innovation (CI) enables firms to access resources needed for growth in all three of its forms: incremental growth, breakthrough innovation growth, and adjacent space growth. Collaborative Innovation for incremental growth employs familiar technology in existing market spaces, often using established […]
Technology Transfer’s Twenty-Five Percent Rule
Ashley J. StevensBoston University Kosuke KatoOsaka University Mindful that nature abhors a vacuum, we wish to fill this gap by proposing a new 25% rule, technology transfer’s 25% rule. Technology Transfer’s 25% Rule states that:Technology transfer programs only succeed in commercializing twenty five percent of the invention disclosures they receive.
Boom Or Bust—How To Structure Technology Transfer For Success
Brian CummingsThe Ohio State University Rosemarie TrumanRHT Consulting LLC The nation’s investment in innovation and knowledge transfer has long been a critical factor in maintaining the nation’s global economic competitiveness. The knowledge gained through University and government research has helped develop industries and companies that are world leaders in nearly every area and is a […]
Innovation For Growth: The Challenge Of Sustained Growth And The Increasingly Important Role Of Innovation Enablers
Nitin ChaudharyEvalueserve Pvt, Ltd. Neeraj KathuriaEvalueserve Pvt, Ltd. BM was a hardware behemoth in the early nineties. Today, only 20 percent of IBM’s business comes from its famed hardware unit. In the last two decades, it has made a conscious attempt to transform itself into a “solutions consulting company.” The transformation came at a time […]
If The Sky Were The Limit, What Would You Do In Technology Transfer?
Gary KellerXomix Ltd. Fizie HaleemMontgomery County, Maryland Department of Economic Development (DED) Steven FergusonNational Institutes of Health Al JordanNasa Marshall Space Flight Center Cheryl CejkaPacific Northwest National Laboratory Today we operate in a competitive global knowledge economy in which intangible assets are becoming an increasing determination of value. The federal laboratories are the research and […]
