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Featured Intellectual Property articles by expert witnesses and consultants. 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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10/15/2013· Intellectual Property

Expert Thrown Out After Claiming Major Report "Typos" on Cross

By: David Nolte

A recently affirmed decision to grant judgment for the defendant as a matter of law highlights the importance of expert testimony that is consistent with previously-disclosed opinions presented in a Rule 26 report. In Rembrandt Vision Technologies, Inc. v. Johnson & Johnson Vision Care, Inc., the expert's testimony was struck because of critical discrepancies, leaving the plaintiff with no basis for claimed patent infringement.

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4/11/2012· Intellectual Property

Intellectual Property: Getting More Money From Licenses

By: David Nolte

Intellectual Property licensing is big business, and is getting bigger. But most licensors do not earn as much as they should because they fail to perform royalty audits allowed under their license agreements.

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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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11/19/2013· Intellectual Property

On the Quasi-plagiarism of Sen. Rand Paul

By: Dr. Alan Perlman

All of a sudden, it seems, the search term Plagiarism Rand Paul gets over 40 MILLION Google hits. But the charge is somewhat bogus.

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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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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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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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