les Nouvelles - June 2013

  • les Nouvelles - June 2013 - Full Issue
  • PDF, 2.30 MB
  • The New IP Strategy Agenda
  • Arvin Patel and Paul Germeraad
    How important is intellectual property to a company’s balance sheet? Just ask Samsung. The company’s shares plummeted nearly 7.5 percent after it lost a patent infringement case to Apple in late August 2012. The ruling erased more than $12 billion dollars from Samsung’s market value overnight.
    PDF, 330.22 KB
  • NPEs And Patent Aggregators-New, Complementary Business Models For Modern IP Markets
  • Daniel Papst
    The ever-growing importance of innovation for economic growth has changed the role of Intellectual Property (IP) rights, especially patents, in business. They are no longer seen as merely a means of protecting an innovation, but also as marketable assets that can be acquired, held, licensed and sold strategically—either to attack competing businesses within a market, or to defend one’s own business from such attacks.
    PDF, 75.93 KB
  • Certification Marks—Are They Really Worth The Hassle? An Australian Perspective
  • Peter Hallett
    At first sight, the distinction between trademarks and certification marks seems clear enough. Trade marks are a badge of origin, whereas certification marks indicate that products or services have been certified as having a particular characteristic.
    PDF, 79.05 KB
  • Closing Trap Doors Over The Valley Of Death: University Leadership Alignment And Entrepreneurial Commitment
  • Julie Goonewardene
    It is widely accepted that innovation is a critical part of the national economic recovery strategy and Democrats and Republicans alike are relying on the nation’s research universities to drive the strategy home.
    PDF, 64.43 KB
  • Structuring The Intellectual Property Analysis Assignment
  • Robert F. Reilly
    Valuation analysts are often called on to analyze intellectual property for such purposes as: sale or license structuring, transaction fairness opinions, financial reporting and fair value accounting, federal income tax, ad valorem property tax, financing collateral, bankruptcy and reorganization, and litigation support and dispute resolution (including breach of contract, infringement, and other tort claims). For purposes of this discussion, intellectual property includes patents, copyrights, trademarks, and trade secrets.
    PDF, 72.04 KB
  • Australian Patent Enforcement-A Proposal For An Expert Panel Opinion-Part 1
  • Dimitrios Eliades
    This paper considers some of the problems associated with patent enforcement in Australia and proposes an approach to patent litigation which is directed at alleviating some of the difficulties which have been identified. Specifically, it proposes a strategy designed to identify the parties’ risks at an early stage of patent litigation proceeding and facilitate an early resolution of the dispute.
    PDF, 102.09 KB
  • Business Models In Collaborative Research
  • Gene Slowinski, Edward Hummel, Matthew W. Sagal, Scott Mathews and Ernest R. Gilmont
    Collaborative research has taken its place as a mainstream innovation process. Its purpose is to access external sources of technology (or other assets) and integrate them into the firm’s products and services.
    PDF, 85.91 KB
  • Patent Valuation Standards In The United States Applying Existing Standards And Terminology To A Developing Field Of Practice
  • Glenn Perdue
    When it becomes necessary to estimate and account for the value of a certain type of asset on a recurring basis, standard approaches, terminology, and conceptual models tend to emerge. The use of such standards enables greater consistency of approach, comparability of results, and efficiency in practice.
    PDF, 87.10 KB
  • Costs Of Capital-You Can Love More Than Just One
  • David Wanetick
    In the world of licensing, the cost of capital is supposed to reflect the risk—as well as opportunity cost and erosion of value due to inflation—of receiving anticipated royalty revenues over time. If a licensing agreement encapsulates the collection of revenue from multiple sources—each of which represents a varying degree of risk—why should our models only include one number for the cost of capital?
    PDF, 59.85 KB
  • Plain Packaging: A Growing Threat To Trademark Rights
  • Carmela Rotundo Zocco
    Plain packaging refers to laws or regulations requiring that cigarettes be sold in standardized packs (also referred to as “generic packaging”) without any stylized trademarks, logos, colors. In lieu of branding information, the packs would be dominated by large health warnings and other legally mandatory information and tax-paid stamps with only a small space reserved for the brand name in a plain uniform typeface. As a result, each cigarette pack would appear exactly the same as every other pack that is legally sold in the market.
    PDF, 106.17 KB
  • Recent U.S. Court Decisions And Developments Affecting Licensing
  • John Paul and Brian Kacedon
    Article III of the U.S. Constitution requires an actual “case” or “controversy” before the judicial branch has authority to adjudicate a legal dispute. This requirement applies at all stages of litigation, and an ongoing dispute can become moot when there is no longer a live case or controversy. It is well settled, however, that a defendant cannot moot a case simply by ceasing its unlawful conduct once sued, leaving open the possibility that the defendant will resume its wrongful conduct after the case has been declared moot.
    PDF, 248.61 KB
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