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 […]
Of medieval marauders, tulips and the sale of patent portfolios
November 16, 2012 by Leave a Comment
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 […]
Do Accounting Systems and Language Hamper Creative Business Strategies Involving Intangible Assets and IP?
November 7, 2012 by Leave a Comment
By Michael D. Moberly For management teams, boards, entreprenuers, and others operating in knowledge intensive (IP, intangible asset, intellectual capital) sectors, it’s not particularly noteworthy to point out there are significant differences between the accounting and intellectual property – intangible asset communities. Those differences are largely conceptual. They evolve around accounting language and systems that […]
Rembrandts in the Rear View Mirror: The Demise of Intellectual Capital
November 6, 2012 by Leave a Comment
By Joseph E. Root For all our otherwise stellar attributes, we patent lawyers are not a very charismatic lot. The author speaks from within the fraternity, so that statement is a rueful admission, not an accusation. The fact is, while our college classmates were doing pharmaceuticals, close interpersonal contact and loud, rhythmic music, we spent […]
Patents: Should We Change Our Intellectual Property Model/Strategies?
November 5, 2012 by Leave a Comment
By Girish Malhotra In the last thirty-five years about 351,000 US patents (1) were classified in 424 and 514 class category i.e. they are drugs related. This translates to about 10,000 patents per year. I am told that an average US patent (2) (up to 20 pages. Costs go up as the number of pages […]
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