Recent U.S. Court Decisions And Developments Affecting Licensing
John PaulFinnegan, Henderson, Farabow, Garrett & Dunner, LLP Brian KacedonFinnegan, Henderson, Farabow, Garrett & Dunner, LLP The exhaustion doctrine in patent law precludes a patent owner from asserting patent rights to control the use of an apparatus after an authorized sale. In Keurig, Inc. v. Sturm Foods, Inc., the Federal Circuit held that a patent owner’s […]
Biomedical Patent Securitization In Taiwan
Mei-Hsin WangNational Yunlin University of Science and Technology Patent securitization is a form of intellectual property-based assets securitization which started in United States in the 1970s. The earliest cases of intellectual property securitization involved copyrights in the musical and digital-rights fields by entertainers, such as David Bowie, James Brown, Ashford & Simpson, the Isely Brothers, […]
Valuation Discussion Factors In Early Stage Software
Dwight OlsonV3Data This article will review factors that help contribute in early stage software valuation discussions. For example, pre-investment money discussions and pre-money scenarios typically center on investors prior investment deals. For example, what equity did they get for what investment. This, in some way, establishes the value of the early stage software and company, […]
What’s Happening With Semiconductor IP Deals?
David R. JarczykktMINE For the purpose of this study, licensing and patenting information in the semiconductor industry was studied with the goal of identifying key trends within the industry. The study analyzed executed licensing deals as well as published patent information. Specific attention was paid to the types of IP licensed, royalty/payment structures, exclusivity, territory, […]
Maximizing The Value Of License Agreements
Louis P. Berneman, EdD, CLP, RTTPTexelerate, LLC Todd C. DavisHealthCare Royalty Partners D. Patrick O’ReilleyFinnegan Matthew J. Raymond, PhDRush University Medical Center Biopharmaceutical companies and not-for-profit (academic) research institutions have become increasingly adept at structuring license and related collaboration agreements. In recent years, there has been a gradual increase in research collaborations, co-promotion and marketing […]
The Exhaustion Theory Is Not Yet Exhausted Part 3
Erik VerbraekenJohnson Controls 2013 has been rich in the issuance of various court decisions, from the Supreme Court to the District Courts, that provide further guidance on the application of the intellectual property exhaustion doctrine (a.k.a. the “first sale” doctrine) to sales of products made by unauthorized third parties.Without giving an exhaustive overview of all […]
Venture Capital 101: Financing Mentality, Jargon, Term Sheets, And Documents
Louis P. BernemanOsage University Partners Christopher F. Wright, EsquireMcCausland Keen & Buckman With the heightened attention of senior academic administrators to promoting economic development and fostering innovation ecosystems, academic technology transfer organizations are increasingly focusing their commercialization activities on identifying, qualifying, incubating, accelerating, and financing start-up ventures. This top down pressure is aligned with bottom […]
Patent Technology Landscapes For Assessing Intellectual Property In Academic Environments
Joe WyseWyse Innovations Ken ZindaInspherion Inc. Greg GerhardtUniversity of Kentucky Peter HuettlUniversity of Kentucky Medical Center Robert Gregory, PhDUniversity of Kentucky Eric A. GrulkeUniversity of Kentucky The patent technology landscape is an analytical tool widely used in industry to assess the value of and guide the development of intellectual property (IP) into commercial products and […]
Survey Results Confirm Growing Trend In Favor Of ADR
Judith SchallnauWorld Intellectual Property Organization Russell Levine, P.C.Kirkland & Ellis LLP To gain a better understanding of technology-related dispute resolution strategies and practices, the WIPO Arbitration and Mediation Center (WIPO Center) recently conducted the international WIPO International Survey on Dispute Resolution in Technology Transactions (Survey) to obtain statistical information on the current use of alternative […]
The Nash Bargaining Solution
Doug KidderOSKR, LLC Vince O’BrienOSKR, LLC In patent litigation, the ruling against the 25% Rule has led some plaintiff’s experts to search for a methodology to replace it. Some of these experts are putting forward claims based on a 50/50 split of profits by claiming that it is the result of the Nash Bargaining Solution. […]
