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 […]
Ten Common Mistakes In IP Valuation/ Damages Reports
David DrewsIPmetrics LLC As regularly occurs in business, Company A is considering acquiring Company B. The strategic perspective is very compelling: the target’s patent portfolio fills numerous holes and propels the R&D program in certain key areas several years ahead of Company A’s current position. A manager in Company A has been tasked with deciding […]
Trade Mark Filing Strategies In Europe
Dr. Frank RemmertzREMMERTZ SON Selected Aspects Of The EC Trade Mark ReformTrademarks are of substantial importance in an industrial and commercial sense and are closely associated with business image, goodwill and reputation. It is therefore very important to protect trade marks in those countries where they are to be used. The purpose of this article […]
Recent U.S. Court Decisions And Developments Affecting Licensing
John PaulFinnegan, Henderson, Farabow, Garrett & Dunner, LLP D. Brian KacedonFinnegan, Henderson, Farabow, Garrett & Dunner, LLP Warsaw Orthopedic, Inc. v. NuVasive, Inc.Patent Owner Cannot Recover Lost Profits Based on Lost Sales of Products Not Func-tionally Related to Patented Product, Lost Royalty Payments, or Lost Payments from Inter-Company Transfer-Pricing Agreements By statute, damages in a […]
The Scoop From Europe: The CJEU Offers Guidance In The Huawei/ZTE Judgment On The Proper Way To Conduct FRAND Negotiations
Patricia CappuynsCappuyns Intellectual Property Law On 16 July 2015 the European Court of Justice (“CJEU”), Europe’s highest court, rendered its much anticipated judgment in the widely publicized Huawei/ZTE saga regarding standards-essential patents.1 In this judgment, the CJEU confirms the ap-proach of the European Commission in the Samsung and Motorola decisions and the opinion of Advocate-General […]
Valuing Trade Secrets
David WanetickIncreMental Advantage How can you value your firm’s trade secrets?The first step is to define what trade secrets are so that you can isolate the right assets for review. So what are trade secrets? Trade secrets are proprietary information, knowledge, formulas, methods, designs or processes that confer commercial advantage to those who possess them. […]
Seven Somewhat Non-Standard Suggestions For Negotiating University IP Rights Agreements
Michael Alvarez CohenUniversity of California This year (2015), I completed my 100th intel-lectual property (IP) rights agreement for UC Berkeley (UCB). My most recent agreement is an exclusive license to a UCB spinout for three sensor-related technologies. That agreement was completed in about 30 days. About half of my UCB agreements were with startups; and […]
Use Of Cluster Searching To Find Patents With Licensing Potential
Mike LloydGriffith Hack In an earlier LES paper (“Advanced Citation Analysis Can Help Identify Licensing Candidates,” published in September 2014) we had discussed how citation analysis can help licensing managers and others find commercialisation opportunities for their patents. As part of this, we demonstrated the use of two tools, one a graphic tool used for […]
What’s Trending In IP Deals?
David R. JarczykktMINE John WioraktMINE Danielle LambertktMINE On October 6, 2014, David R. Jarczyk, David Drews, and Dwight Olson presented a study of trends in the pharmaceutical, semiconductor, chemical, telecommunication and consumer product industries at the LES USA & Canada Annual Meeting entitled, LESI IP Valuation Committee Study on Royalty Rates & Deal Structures. This […]
