Recent U.S. Court Decisions And Developments Affecting Licensing
By John Paul and D. Brian Kacedon 1. Taxation of Patent Transfer Obtaining favorable capital gains taxation treatment on payments for transferring patent rights. 2. Reasonable Royalty Using patent litigation settlement agreements to support reasonable royalty damages in later litigation. 3. Infringement by Offers for Sale Avoiding liability for patent infringement when listing infringing products […]
Software IPR Valuation Model
By Dr. Santosh Mohanty and Kaushik Gala The hyper-connected world we live in is fundamentally altering our lives. Digital technologies are challenging long-held norms. Inventions and their related intellectual property rights (IPR) are crucial for enterprises to differentiate themselves in a highly competitive global market. Software enterprises, in particular, are at risk of rapid obsolescence […]
Intangible Asset Market Value Study?
By Cate M. Elsten and Nick Hill The “Intangible Asset Market Value” (IAMV) study conducted by the authors examines the components of market value, and specifically the role intangible assets play in corporate market capitalizations across a range of indexes around the world. We believe IAMV is a strong reflection of innovation in the greater […]
Disruption In The IP Services Industry?
By John Walker The theme of the LES (Australia/New Zealand) Annual Conference in May 2016 was “Creation to Commercial—Disruption and Opportunities.” In keeping with that theme, a presentation was made “Disruption in the IP Services Industry?” The “?” in this title essentially asks the question “Is There Disruption in the IP Services Industry?” This paper, […]
A Guide To Commercial Innovation In Artificial Intelligence
By Deepa Ravindranath The artificial intelligence (AI) landscape is growing quickly. Artificial intelligence startups raised $5B in 2016, a 10-fold increase since 2012. Tech giants (Google, Microsoft, IBM) are contributing heavily to this acceleration, both in academic and practical pursuits. Google published 218 papers on machine learning in 2016, nearly double the number of publications […]
Magic Bullet Or Rule Of Thumb: Determining Reasonable Royalties With Corporate Discount Rates Using The Muthoo Model
By Brian Dies and Joel Wacek Damages experts in patent litigation have been applying an economic model based on the work of Dr. Abhinay Muthoo1 to determine reasonable royalty rates through a profit sharing formula based on relative corporate discount rates.2 The work of Dr. Muthoo has been oversimplified and misapplied in this context. Attempts […]
Licensing Standards Essential Patents
By Joseph A. Alfred Steve Jobs and Apple introduced the iPhone, the first smartphone, in January 2007, and a waiting world was introduced to incredible volume both in standards and in patents. Global data usage now exceeds one billion gigabytes a month and half of all mobile devices are smartphones. The growth in mobile standards […]
The Exhaustion Theory Is Not Yet Exhausted: Part 4
By Erik Verbraeken It has been quite some time that I have not updated the “Exhaustion Theory Is Not Yet Exhausted” series. In the latest edition stemming from March 2014, the focus was laid on several U.S. decisions where the IP right holder contested that he had consented to a “first sale” of the product […]
Conclusion—A Different Perspective: Do Not Focus Only On SMEs, Make The Knowledge Economy Work
By Patrick Terroir All policies in favor of SMEs have actually limited effectiveness and have hardly produced any significant change in the behavior of this category of enterprises. So, while it may be necessary to strengthen and improve them, we may consider whether it is not necessary to transform the “patent economy” itself.
SMEs — A South African Perspective
By Madelein Kleyn South Africa does not invest in procuring accurate statistics on small businesses in South Africa, making it difficult to find the exact number of companies that operate in the country. SEDA issued a broad statistical overview of the SMEs of South Africa in January 2016 and presented the following indicators. According to […]
