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 […]
Think It’s Safe to Ignore Patents? Think Again.
November 2, 2012 by 1 Comment
By Kathryn Paisner In business, the general consensus on patents is that they are best left to the lawyers. Like urban legends whispered in the schoolyard, this self-defeating myth traverses the business community, creating expensive problems for companies large and small. Lawyers are certainly vital to many aspects of the patenting process, such as patent […]
Inter-Operability Standards and Intellectual Property
November 1, 2012 by Leave a Comment
By Donal O’Connell Interoperability standards Interoperability refers to the ability of diverse systems to work together or inter-operate, without any special effort on the part of the customer or end-user. It is the ability of two or more networks, systems, devices, applications or components to exchange information between them and to use the information so […]
Anatomy of a License Agreement
October 31, 2012 by Leave a Comment
How to Efficiently and Meticulously Analyze Agreements By David R. Jarczyk and Daniel T. Jarczyk In light of the January 4, 2011 ruling on the Uniloc USA V. Microsoft patent infringement case, analysts around the world are certain to see a heightened need for using fact-based evidence as an alternative to the now unsupported 25 […]
The Patent Portfolio Theory: How Aggregation and Synergy Increase Patent Portfolio Valuation
October 30, 2012 by Leave a Comment
By Kalu Kalu The Patent Portfolio Theory, coined by Parchomovsky & Wagner of University of Pennsylvania Law School, attempts to reconcile what is known as the “Patent Paradox”; the recent phenomenon of rising patent applications, even as the expected value of each patent decreases. The patent portfolio theory resolves this paradox by arguing that the […]
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