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Featured articles related to Intellectual Property, written by Expert Witnesses and Business Consultants on the subject.. Contact Us if you are interested in having your work published on our website and linked to your Profile(s).

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10/18/2012· Intellectual Property

Statutory Damages in Trademark Cases - Trends and Improvement

By: Antonio R. Sarabia II

Eight years ago Congress decided that the existing measures of damages for trademark infringement were not deterring trademark infringement. It decided to supplement these measures with statutory damages - a specific range of damages which a court could award even in the absence of proof about plaintiff's losses or defendant's profits.

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11/1/2012· Intellectual Property

Naked Licensing: Not as Rare as One May Think

By: Antonio R. Sarabia II

In the last 10 years, the 9th U.S. Circuit Court of Appeals has decided two cases involving naked licensing: Barcamerica International v. Tyfield Importers (9th Cir. 2002) 289 F.3d 589, and Freecyclesunnyvale v. The Freecycle Network (9th Cir. 2010) 626 F.3d 509.

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1/9/2013· Intellectual Property

Marked Recovery

By: Antonio R. Sarabia II

EIGHT YEARS AGO Congress decided that the existing means for awarding damages for trademark infringement were not deterring this illegal practice and decided to supplement these measures with statutory damages-a specific range that a court could award even in the absence of proof of a plaintiff's losses or the defendant's profits.

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12/9/2015· Intellectual Property

Apportioning Copyright Damages: The Case of 'Blurred Lines'

By: Doug Bania

Most of the existing literature on copyright infringement is concerned with the valuation of intellectual property rather than the apportionment of the value that is directly attributable to the intellectual property asset at issue. Further, few of the currently proposed IP valuation methods and little of the literature addressing the determination of damages appears directly applicable to the case of copyright in the context of artistic productions. Within the creative arts, recorded music offers a particularly complex and interesting case within which to explore this issue, as different portions of the relevant copyright to the recorded song may be held by different persons.

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8/7/2009· Market Research

Survey Research to Support Litigation

By: Dr. Larry Chiagouris

Survey research is used to provide greater levels of understanding in a wide variety of disputes. Issues such as consumer confusion, misleading advertising claims, disparagement, copyright infringement and trademark disputes can be better assessed as a result of developing and executing survey research. The purpose of this monograph is to aid attorneys in understanding what research standards and guidelines might be relied upon in their use of survey research.

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2/25/2019· Intellectual Property

Adjusting the Balance in SEP Evaluations and Licensing

By: Keith Mallinson

A European Commission DG Growth initiative described in its Roadmap on Standard Essential Patents for a European digitalised economy aims to increase information on SEPs so implementers can get a better idea about which of these they might be infringing. Additional disclosures on how patent claims might read on the standards could be beneficial. Requirements should reflect the dynamics and uncertainties in standards development and patent prosecution and must not be onerous to patent owners. These are issues for standards development organisations to consider.

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11/17/2020· Intellectual Property

Valuing SEP portfolios And Determining FRAND rates: How, And Who Should "get it done"?

By: Keith Mallinson

While there is much uncertainty about the outlook for standard-essential patent royalty rates in court determinations, there are plenty of solid benchmarks in well-established comparable licenses (“comps”). The former rates are thin on the ground and have been made up based on some dubious and fiercely...

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5/3/2021· Intellectual Property

One-Stop-Shopping With Segmented Offerings Is Most Appealing For SEP Licensing In IoT Including 5G

By: Keith Mallinson

Patent pooling is increasingly attractive for licensing cellular technologies with emerging IoT including 5G because it can provide greater transparency, predictability, and various efficiencies such as lower transaction costs at scale in standard-essential patent (SEP) licensing with multiple dimensions and complexities including

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12/27/2017· Intellectual Property

Tide turns in US and EU agencies' policies on SEP licensing

By: Keith Mallinson

The new US Department of Justice antitrust leader says antitrust enforcers are too accommodating to IP implementers when in dispute with standard-essential patent owners. Instead, patent owners should be allowed to decide how they want to exercise their property rights: "under the antitrust laws, a unilateral refusal to license a valid patent should be per se legal" – he also reminds us "the right to exclude is one of the most fundamental bargaining rights the patent owner possesses."

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7/30/2018· Intellectual Property

Independent Judiciary Requires Reliability and Factual Credibility in Economic Analysis

By: Keith Mallinson

In a major ruling that underscores judicial independence, federal judge Richard J. Leon has just unconditionally approved the merger between AT&T and Time Warner, rebuffing the US government's effort to stop the $85.4 billion deal.

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