Recent U.S. Court Decisions And Developments Affecting Licensing
John Paul Finnegan, Henderson, Farabow, Garrett & Dunner, LLP D. Brian KacedonFinnegan, Henderson, Farabow, Garrett & Dunner, LLP
Valuation Of Intangibles And Trademarks— A Rehabilitation Of The Profit-Split Method After Uniloc
Christof BinderTrademark Comparables AG/ Markables Anke NestlerValnes Corporate Finance, GMBH A profit-split analysis for a trademark or other intangible asset attempts to quantify what share of the profit of the business is attributable to the subject asset. Based on this asset-specific profit, its value can be calculated. Despite the adverse Uniloc decision of the U.S. […]
Valuation Along The Technology Pipeline: A Purposive Approach To The Valuation And Reporting Of Internally Generated Intangible Assets
David LambourneCommonwealth Scientific and Industrial Research Organisation (CSIRO) The valuation of technologies along the technology pipeline is a critical input into transactional negotiations, strategic decision making and resource allocations within innovative companies, and research organisations alike. Despite this, internally generated intangible assets are not consistently integrated into an organisation’s financial statements. As a result, there […]
IP Australia’s Value-Adding Services
Patricia KellyIP Australia IP Australia is the government agency responsible for administering intellectual property (IP) rights and legislation relating to patents, trade marks, designs and plant breeder’s rights for Australia. IP Australia is sometimes characterised as a regulator and indeed our role has some regulatory aspects, however we see ourselves primarily as a service provider. […]
Valuation Of Intangibles In The World Of BEPS
Markus GreinertFlick Gocke Schaumburg Susann MetznerFlick Gocke Schaumburg Intangibles play a significant and dual role in the determination of arm’s length transfer prices for cross-border transactions between related parties. On the one hand, the ownership of intangibles is one of the key determinants for the distribution of the total profit of the multinational group. If […]
Terminating Patent Licences In Australia— Traps And Opportunities For Licensees And Licensors
By Peter HallettWatermark IP Lawyers One of the challenges for practitioners involved in multi-jurisdiction licensing arrangements is ascertaining when a licence agreement might require modification in light of local laws. An example of such a law is section 145 of Australia’s Patents Act 1990, which confers on both the licensee and licensor a right to […]
The Spike And The Long Tail: Impact, Income, And Collaboration In University IP License Negotiations
Christopher NobleMassachusetts Institute of Technology (MIT) Yes, universities do care about making money on their IP licenses. But, making money is not a substitute for advancing the mission of the university. IP licensing should support the university’s mission, and the “how” has been frequently articulated.1 If you are an industrial research sponsor, startup entrepreneur, or […]
Lump Sums, Running Royalties And Real Options
Douglas KidderOSKR, LLC. Vincent O’BrienOSKR, LLC. John HolzwarthOSKR, LLC. Johnny ChauOSKR, LLC. Lump sums or running royalties; at first glance, it seems like a simple and relatively insignificant choice about the method of payment, but the structure of the royalty matters profoundly to both the licensor and the licensee. A running royalty is a form […]
Quo Vadis—A Unique History Of The Evolution Of The Japanese Patent Invalidation Proceedings
Yuzuki NagakoshiMax Plank Institute for Innovation and Competition and the University of Tokyo For the past 20 years Japan has been continuously revising the patent revocation system, the last revision being enacted in April 2015. This whole process has been a huge endeavor aiming at obtaining the advantages of bifurcated and non-bifurcated systems while minimizing […]
Message from James Sobieraj, LESI President
Read James Sobieraj’s December 2015 message. Dec 2015 More Progress On The LESI Value Proposition By James Sobieraj, President, LES International The LESI Board continues to focus its efforts on the most important LESI deliverables that provide the LESI value proposition. Publications are one of LESI’s most important deliverables because it includes les Nouvelles and […]
