Leveraging Software Via The Capital Markets
Dwight C. OlsonPrincipal, V3Data, San Diego, CA, USA David C. DrewsPresident, IP Metrics, San Diego, CA, USA In Gordon Smith’s book “Valuation of Intellectual Property and Intangible Assets,” third edition, he discusses that proprietary technology or trade secrets and know-how is often more valuable to an enterprise than its patents. He references Karl Jorda, David […]
“FRAND” Undertakings In Standardization — A Business Perspective
Timo RuikkaStrategy Advisor, IPR Intellectual Property, Nokia Corp., Espoo, Finland This paper discusses the business reasoning for the practice whereby standard development organizations (SDOs) require undertakings to license Essential patents on fair reasonable and nondiscriminatory terms (FRAND undertakings) as a condition of approving standard specifications. The central business reason for this practice is for the […]
Patent Litigation Trends In Damages Awards, Success Rates And Time-To-Trial
Aron LevkoPrincipal, PricewaterhouseCoopers, LLP, Chicago, Il, USA Vincent TorresDirector, PricewaterhouseCoopers, LLP, Chicago, Il, USA With the current threat of an economic recession, commercial litigation and, in particular, patent litigation is picking up. This comes at a moment of heightened action in the patent arena: a recent damages award of $1.5 billion, eight other damages awards […]
Attacks On U.S. Patent System Threaten Growth Of Green Economy In The United States
Matthew SiegalPartner, Intellectual Property Group, Stroock & Stroock & Lavan LLP, New York, NY, USA Climate change unquestionably is a global problem. Nonetheless, that problem raises different issues in different countries. This article examines, from the perspective of the domestic situation in the United States, one specific issue: how attacks on the U.S. patent system […]
The U.S. Supreme Court Clarifies Patent Exhaustion
John C. PaulPartner, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, D.C., USA Kia L. FreemanAttorney, Henderson, Farabow, Garrett & Dunner, LLP, Washington, D.C., USA Bart A. GerstenblishAttorney, Henderson, Farabow, Garrett & Dunner, LLP, Washington, D.C., USA Jessica R. UnderwoodAttorney, Henderson, Farabow, Garrett & Dunner, LLP, Washington, D.C., USA In the United States, the doctrine […]
Review: Modern Licensing Law 2008-2009 Edition
John T. RamsayQ.C., Partner, Gowling, LaFleur, Henderson, LLP Barristers & Solicitors, Calgary, Alberta, Canada The stated objects of this comprehensive book (with 1,051 pages of text plus appendices and an index) are to offer an “integrated analysis” of the licensing not only of patents, copyright, trademarks and trade secrets, but also of information not covered […]
Revenue Interest Financing: A Strategic Alternative To Accessing Capital Through Licensing In The Life Sciences
John R. LeonePaul Capital Partners, Partner, New York, NY Louis P. BernemanCLP, Texelerate, President, Philadelphia, PA Introduction Out-licensing is a mainstay of life science business development and financing strategies because it can be deployed to achieve a variety of goals. Companies frequently use licensing in order to access resources (financial and non-financial) that are unavailable […]
Overview Of Intellectual Property Damages In The United States
Brent BersinNavigant Consulting, Inc., Director, Houston, TX, USA Lance MormonNavigant Consulting, Inc., Managing Consultant, Houston, TX, USA The enforcement of intellectual property (“IP”) rights through litigation has continued to rise along with jury awards for economic damages, particularly in patent infringement matters. Indeed, a cottage industry of patent litigation has developed in the Easter District […]
Industry Norms And Reasonable Royalty Rate Determination
Michelle PorterConsultant, Micronomics, Inc., Los Angeles, CA., U.S.A. Robert MillsVice-President, Micronomics, Inc., Los Angeles, CA., U.S.A. Roy WeinsteinPresident, Micronomics, Inc., Los Angeles, CA., U.S.A. Georgia-Pacific contemplates that parties to infringement litigation engage in a hypothetical negotiation assumed to occur just prior to the date of alleged infringement. The hypothetical negotiation is intended to produce a […]
The Role Of Intellectual Property In Broadband Mobile Telecommunications At The Example Of 4G WiMAX
Tobias KaufmannETH Zürich, IP Manager, Rhode & Schwarz, Munich, Germany The conflict between intellectual property rights and standardization has become clearly visible with the examples of the second generation (2G) wireless GSM system and the third generation’s (3G) WCDMA and CDMA-2000 systems. Now, on the verge of standardizing fourth generation (4G) systems, the mobile telecommunications […]