By Bruce Berman New IP licensing model is generating opportunity for content providers and investors; obstacles for file-sharers. Rightscorp is an IP licensing business model of a different stripe. It monetizes copyrights through widespread enforcement of consumers who download music and movies without paying. While some may consider Rightscorp the first public “copyright troll,” others see […]
PwC Patent Litigation Study: More Suits and NPEs; Fewer Big Awards
October 6, 2014 by Leave a Comment
By Bruce Berman What’s to be learned from PwC’s 2014 Patent Litigation Survey that we don’t already know? Patent suits are at an all-time high, with almost 6,500 in 2013 keeping pace with the number of utility patents granted, about 300,000. Most of the new cases (67%), have been brought by NPEs or those without […]
In Defense of Patent Trolls
May 29, 2013 by Leave a Comment
By Ian Maxwell In this essay I will avoid using the term ‘Non-Practicing Entity’ because I am sick of hearing the ubiquitous ‘pejorative’ associated with the explanation of relationship between the terms ‘Non-Practicing Entities’ and ‘patent trolls’. Let’s just call a spade a spade – they are patent trolls. This is not to say that […]
Intellectual Property Strategy: Challenges and Opportunities in the Cloud
February 4, 2013 by 1 Comment
By Efrat Kasznik at foresightvaluation.com Please click on the slide above to view Efrat Kasznik’s presentation at Foresight Valuation’s Slideshare account. This presentation was delivered at the UP 2012 Cloud Computing Conference.
When Should a Start-Up Seek Patent Protection?
January 9, 2013 by Leave a Comment
By Neil Wilkof In carrying out due diligence, how many times have I heard this refrain from a start-up: “Oh yes, we have a couple of a patents or patent applications, but they don’t really address our current activities.” And so I ask–“so what about seeking patent protection for the current activities?” The answer tends […]
Re-Fighting the Last IP War: Dot-Com Ideas in the 21st Century
December 10, 2012 by Leave a Comment
By Joseph E. Root Generals are often accused of re-fighting the last war, and sometimes they are. During the 1930s, André Maginot and the French general staff were horrified at the specter of a return to the trench warfare of World War I, so they build a series of impregnable fortifications, designed to safeguard the […]
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 […]
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 […]
Eight Species of Patent Strategy – Part 3 how intellectual property management develops from level 3 to level 4
September 25, 2012 by Leave a Comment
By Bill Meade Intellectual Property Management in a Growing Soon-To-Be-Company: Once a growing company signs its first cross license with a balancing payment going out, or has a “near death experience” with IP litigation, and/or loses a patent litigation, IP management gains its first proposition with senior management. The value of IP becomes intuitively obvious […]
The Apple vs. Samsung Verdict Actually Demonstrates that Patents Do Promote Product Innovation
September 24, 2012 by 1 Comment
By Jackie Hutter In the time that the Apple vs. Samsung patent fight has been underway, we have been inundated with an untold number of articles on how Apple is stifling innovation in the SmartPhone world. (Haven’t seen these: just do a Google search for “Apple stif . . .” you don’t have to type […]
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