Questions Raised by the Lexmark Decision
Licensing a product instead of selling it may also be a tool for avoiding international patent exhaustion. It is common to distribute software via license, and this might avoid international...
View ArticlePatent-Based Financings: Unlocking Licensing Revenues While Mitigating IP...
Patent monetization has become nearly impossible for middle-market technology companies without engaging in some level of legal action. Management teams have consequently shied away from pursuing...
View ArticleIs the patent licensing market dead?
The clear consensus seems to be that the patent licensing market is not dead, but that the U.S. market is in decline and due to a weakening of patent rights capital will go elsewhere.
View ArticleBullish or Bearish on the 2018 Patent Market?
Are you bullish or bearish on the 2018 patent market? That is the question I asked a panel of experts recently. For the most part, those industry insiders who responded are bullish, although some are...
View ArticleThe New Era of Antitrust Law and Policy in Standards: Embracing Evidence...
On November 10, 2017, the Department of Justice’s (DOJ’s) new top antitrust enforcer, Assistant Attorney General (AAG) Makan Delrahim, delivered a powerful speech on antitrust law and policy...
View ArticleMitigating Patent Assertion Risk: Alternative Licensing Programs
Whether you are concerned with open source licensing, non-practicing entities, or general risk mitigation relating to patent assertion, this webinar will provide an overview on the innovative,...
View ArticleThe Good, Bad and Ugly of Cross-Licensing Your Technology Patents
A cross-licensing patent agreement is a contract between at least two parties that grants mutual rights to both parties’ intellectual property. The agreement may be a private one between two specific...
View ArticleAn Interesting Year on the Horizon: What to Watch in 2018
The issues I will be watching in 2018 other than Oil States are as follows: (1) What does the new Director of the USPTO do with respect to reforming the PTAB? (2) Will the USPTO adopt a code of...
View ArticleAUTM Licensing Survey: Ominous trend likely attributable to eroding patent...
Concerns about the ability of academic institutions to keep contributing to the U.S. innovation economy go well beyond federal funding stagnation according to the recent AUTM survey. In an executive...
View ArticleBillions of Dollars at Risk: How to Manage Patent Licensing Across Entire...
When managing many of cross-licensing negotiations it can be hard to prioritize your activities. In a recent case, the client experienced this very thing and felt they would benefit from a clear...
View ArticleTiVo Files Patent Lawsuits against Comcast, Only Major U.S. Pay-TV Provider...
TiVo files patent lawsuits, the latest steps TiVo has taken in the hopes of resolving the renewal of a long-term licensing agreement that TiVo has already has already finalized with other major...
View ArticleiPEL Responds to Skeptics by Expanding Free Licensing Program
What if those who own large patent portfolios decided to actually help start-ups by opening up their patent portfolios to those start-ups rather than have those companies operate without a net and...
View ArticleContracts 101: Covenants, Representations and Warranties in IP License...
It continually amazes me that many business folks who negotiate tons of IP license agreements, fail to understand the difference between covenants, representations, and warranties that are “standard”...
View ArticleProceed with Caution When Acquiring a Licensor’s Patents
All too often, the prospective licensee/purported infringer usually doesn’t begin its efforts to acquire the patent(s) until after making disparaging statements about them during negotiations. As an...
View ArticleStandard Essential Patents: The Myths and Realities of Standard Implementation
Standard Essential Patents (SEPs) are patents that are unavoidable for the implementation of a standardized technology. They represent core, pioneering innovation that entire industries will build...
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