Application Of Enterprise Risk Management (ERM) Principles To Patent Freedom-To-Operate (FTO) Analysis: A Novel “IP-RM” System
By Gillian M. Fenton Intellectual property (IP) is an integral component of business strategy in many industries, and for many types of enterprises ranging from startups, to emerging companies in growth phase, to mature companies that may be considered an attractive target for IP litigation. Certainly this is true in life science fields, particularly for […]
The Practicalities And Pitfalls Of The Smallest Saleable Patent Practicing Unit Doctrine: A Review Of Teece And Sherry
By Anne Layne-Farrar In early 2016, David Teece and Edward Sherry released a new paper assessing the economics of the “Smallest Saleable Patent Practicing Unit” (SSPPU) doctrine.1 The doctrine was first espoused in 2009 by Judge Randall Rader in Cornell v. Hewlett Packard.2 In the simplest terms, the SSPPU doctrine calls for setting the revenue […]
An Experience-Based Look At The Licensing Practices That Drive The Cellular Communications Industry: Whole Portfolio/Whole Device Licensing
By Marvin Blecker, Tom Sanchez and Eric Stasik Cellular communications technologies have undergone dramatic changes during the last 25 years, as major technological improvements revolutionized the way the world communicates, and both consumes and creates digital content. Significant investments in research and development (“R&D”), combined with efficient standardization and patent licensing practices, brought about these […]
Message from Patricia A.O. Bunye, LESI President
Read Patricia A.O. Bunye’s December 2016 message. Reaching Out To The National Societies By Patricia A.O. Bunye, President, LES International As an umbrella organization, LESI interacts with its individual members through our 33 national and regional societies. It is therefore imperative to make available all the necessary tools and best practices to enable them to […]
Recent U.S. Court Decisions And Developments Affecting Licensing
By John Paul and D. Brian Kacedon Subsidiary Has Standing to Join Lawsuit as Implied Exclusive Licensee, But Parent Cannot Recover Lost Profits of Subsidiary from Patent InfringerIn Mars, Inc. et al. v. TruRX LLC et al., even in the absence of a written patent license agreement, a parent company successfully showed that its subsidiary had […]
Exploring The New Dimension Of China’s Invention Economy
By Qinghong Xu and Patrick Terroir While acknowledgement of intellectual property rights in China can be traced back as far as the Tang Dynasty (618-907 AD), the first patent-specific law in China was enacted in 1889, towards the end of the Qing Dynasty. Modern Chinese patent law, however, began with the issuance of the Provisional […]
To What Extent Are University IP Policies Legally Binding? Part 1: Staff
By Philip Mendes All universities and other research organisations (for brevity, the term “university” is employed, and refers not just to a university, but to all forms of a non-for-profit research organisation) have intellectual property (IP) policies. Like other policies, they serve an important function, stating the university’s position upon diverse matters ranging from conflicts […]
A New Look At Intellectual Property And Innovation In Africa
By Patrick Terroir Africa: dawn of a new eraAfrica is a large continent with 54 countries. A solid average growth rate of more than five per cent over the past 15 years, bears witness to the region’s impressive economic potential. A growing labour force and a large and emerging consumer market hold the promise of […]
Strategies For Developing University Innovation Ecosystems: An Analysis, Segmentation And Frame-work Based On Somewhat Non-Intuitive And Slightly Controversial Findings
By Mike Alvarez Cohen Abstract Universities have been increasingly viewed as catalysts for regional economic vitality—especially related to innovation, entrepreneurship and startups. Accordingly, many universities have been increasingly trying to establish robust innovation ecosystems that drive local economic development (which in turn, bolster university research and education programs). This paper describes an analysis, framework and […]
Exhaustion v. Non-Exhaustion— Deciphering The Federal Circuit’s Lexmark Decision And Its Implication On Technology Transactions
By Jiang Bian On February 12, 2016, the United States Court of Appeals for the Federal Circuit issued its en banc (where a case is heard before all the judges of a court) decision Lexmark International, Inc. v. Impression Products, Inc., which confirmed that, despite recent decisions of the United States Supreme Court supporting exhaustion of […]
