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A Question Of Evolution

By William Bird At the LES conference “Commercial side of IP,” in Warsaw Poland on 18 November, 2015, a participant and speaker (see acknowledgements) raised a question as to the future evolution of global IP and the role of licensing and cross-licensing in it. The opinion was expressed that IP should be free to evolve […]

Is It All In Our Nature?

By E. Kate Berezutskaya When reviewing or negotiating a patent license to a nature-based product, it may be important to consider whether a claim directed to the nature-based product is patent-eligible. Both licensors and licensees may benefit from considering recent developments in U.S. patent law prior to renewing their license agreements or prior to entering […]

3D Printing And Public Policy

By John F. Hornick Although legal principles apply to 3D printing the same as they apply to any other technology, 3D printing has the unique potential to upset the legal status quo. It is the potential scale of 3D printing that may have profound effects on the law. 3D printing cuts across many areas of […]

Licencing Of Patent Applications— Pre-Grant Royalty Earning

By Madelein Kleyn Research and development is costly. International patent portfolios even more so. The business strategy of most corporations, when filing a patent application, is to seek some return on R&D investment, mostly through self-exploitation of the products of R&D, or through royalty earnings from intellectual Property (IP).

Splitting The Atom: Economic Methodologies For Profit Sharing In Reasonable Royalty Analysis

By DeForest McDuff In recent years, courts have excluded economic experts for improperly using “rules of thumb” for profit sharing in reasonable royalty analyses. Common examples are the 25% Rule and improper application of the Nash Bargaining Solution (sometimes cynically, yet inappropriately, referred to as the “50% rule of thumb”). Such rules have, in the […]

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