By Robert Cantrell One of the hallmarks of longevity for enterprises is adaptability. Every enterprise is undergoing a race, whether its leadership understands that or not. That race involves changing to meet changing conditions. If an enterprise cannot or will not adapt fast enough to changing conditions, it will eventually fail. For example, the success […]
Use Patent Due Diligence to Lower Your Patent Litigation Risks
November 21, 2012 by 1 Comment
By Lily Li Due diligence is a key concept in the business world. Before buying a new company or investing in a new product, companies spend millions of dollars reviewing financial statements, accounting methods, and market reports to ensure that their investments have no hidden risks. In contrast, many companies turn a blind eye to […]
IP Strategy and Productivity
November 19, 2012 by Leave a Comment
By Fred Logue What is an IP Strategist and what is their value? These are questions that give rise to debate often in the context of whether or not an IP Strategist should be a lawyer or have a professional qualification. This misses the point. I think the important thing in the whole strategist versus […]
Of medieval marauders, tulips and the sale of patent portfolios
November 16, 2012 by Leave a Comment
By Neil Wilkof This Kat has been away from the blogosphere for ten days or so, having been privileged to participate in IP Week held in Singapore, here, under the primary auspices of the Intellectual Property Office of Singapore (IPOS), here. The vigor and commitment to strengthening IP and making Singapore an IP hub is […]
PwC to Wall Street: Largest Patent Damages Awards are Seldom Paid
November 15, 2012 by Leave a Comment
By Bruce Berman Consulting Firm’s 2012 Study Shows the Most Active Venue for Patent Plaintiffs is Now Delaware, not Texas While it may appear in the media that anyone with a two-sentence patent claim and contingency agreement is racking up huge infringement awards without trying, the facts show that NPEs and operating companies alike are […]
Stay Ahead of the Competition
November 14, 2012 by Leave a Comment
By Lily Li Every diligent MBA student learns about Porter’s 5-forces analysis (pictured above) in one form or another. In effect, the competitiveness and ultimate value of any company or product depends on its relative market position to competitors, new entrants, substitute products, consumers, and suppliers. An effective patent strategy can improve your market position […]
Replacing the 25 Percent Rule with Fact-based Evidence
November 13, 2012 by Leave a Comment
A Guide to Finding and Analyzing Royalty Rates By David R. Jarczyk Until recently, common practice and legal precedent had established the 25 percent rule of thumb (the “25 Percent Rule”) as an acceptable approach to approximating reasonable royalty rates that licensees would be willing to pay to licensors, based on profit, as part of […]
Licensing — Developments In The Law You Need To Know
November 12, 2012 by Leave a Comment
By David Healey Patent licensing is governed largely by contract law. Like any contract, you can do a lot by agreement: Stipulate to “ADR”, shorten statutes of limitations, cap damages, eliminate consequential damages. Now you have some new twists to work into your contracts as well as some developments that could impact patent value. On […]
Non-Practicing Entities in Cleantech
November 9, 2012 by 1 Comment
By Kathryn Paisner Last October, Popular Mechanics reported that non-practicing entities (NPEs) may have “bled companies for half a trillion dollars” between 1990 and 2010. Sometimes called “patent trolls” by their detractors, NPEs are generally defined as companies that obtain most of their revenue from the licensing and/or enforcement of their intellectual property. Not all […]
Does Apple need Creative Commons to survive?
November 8, 2012 by Leave a Comment
By Joren De Wachter The launch of the mini iPad seems to make Apple a follower, instead of a leader. Apple’s use of Intellectual Property is probably a prime cause of the Apple slowdown. But a novel approach to IP – access to the Creative Commons – could help Apple to turn around and be innovative […]
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