Patent Right Enforcement In China
Ella Cheong As the number of patent applications being filed is on the increase and more patent rights are being granted in China, foreign companies are starting to feel concerned as to whether their patents can be enforced in China. Until recently, the Chinese legal system has been a mystery to Western-trained lawyers. Chinese intellectual […]
A Cost Conscious Approach To Patent Application Filings
Oren Livne Timing and cost are two key factors involved in patent filing decisions. This paper will explore mechanisms for delaying the high costs of filing a patent application as long as possible, so that additional information on an invention and its worthiness can be gathered. The efforts to minimize upfront costs are balanced against […]
Intellectual Asset Strategy At NEC
Botaro Hirosaki In fiscal 2001, NEC experienced management crisis due to the double hit of a burst global communications bubble and a depressed semiconductor sector, which includes DRAM. Spurred on by this difficult situation, however, the company has gone ahead with the concentration and selection of business domains to focus on IT/NW integrated solutions and […]
Financial Considerations In International Intellectual Property Licensing Transactions
Emile LozaKimberly S. ChotkowskiScott J. StevensGregory J. Urbanchuk Tax consequences, payment, currency, and other financial challenges are important issues to consider when structuring international licensing agreements. Many intellectual property and other transactional attorneys, however, do not have sufficient understanding of these issues or give them appropriate consideration. This article aims to identify these issues and […]
The “Longer Walk” After eBay v. MercExchange
David OrozcoJames G. Conley The “Long Walk” is the title of a 1950’s book that recounts the remarkable story of Slavomir Rawicz, a Polish cavalry officer who surrendered to the Russians in 1939 and was harshly imprisoned. After being transported and marched to Siberia (2,000 miles) by his hosts, he escapes into the surrounding wilderness. […]
The Generic Drug Industry In China—An Overview
Steve C.F. Au-YeungAlice Ngan Of the 20,000+ drugs that are sold on markets around the world, the 2004 WHO list of drugs that are important in the management of disease that impacts public health amounts to 316. This suggests that there is a great deal of similarity in the drugs that are sold on the […]
Recent Decisions In The United States – June 2007
Brian BrunsvoldJohn C. Paul Accused infringers no longer need to show a reasonable apprehension of being sued before filing A lawsuit to challenge the validity of a patent. Until recently, patent owners generally could identify products they believed were infringing their patents during negotiations with an accused infringer without fear of being sued by the […]
Practical License Revenue Forecasting
Tim GossettDon LadwigGreg Speno Like many managers with profit and loss responsibilities, licensing professionals are often responsible for making forecasts concerning the financial performance of active license agreements within their portfolio. However, unlike managers of existing products or services that enjoy historic sales and marketing data, the licensing professional typically has no such data, especially […]
A Guide To Co-Promotion And Co-Marketing Partnerships In The Pharmaceutical Industry: What’s All The Fuss About
Dr. Adrian J. Carter The pharmaceutical industry is responding to the challenges of decreasing productivity and increasing costs by concentrating its promotional activities on top-selling drugs and licensing more products. In fact, all of the world’s top selling drugs in 2005 involved some form of commercial collaboration (Table 1). There are two major forms of […]
The Fallacy Of The “Best Efforts” Standard
Shawn C. Helms Contract negotiators and lawyers around the country spend hours negotiating seemingly slight changes in contract language. Often these slight changes have significant legal consequences. Other times, they do not. For example, most negotiators and lawyers, in an effort to protect a client, will fight hard to remove a ‘best efforts’ standard from […]
