banner ad
Experts Logo
Articles Pen

INTELLECTUAL PROPERTY ARTICLES MAIN PAGE

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).

Featured Articles

Search articles by title, description, author etc.
Sort Non-Featured Profiles
Keith-Mallinson-Telecommunications-Expert-Photo.jpg

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.

Doug-Bania-IP-Expert-Photo.jpg

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.

Peter-Crosby-Medical-Device-Expert-Photo.jpg

12/28/2018· Intellectual Property

Commercially Reasonable Efforts - How an Expert Can Help

By: Peter Crosby

Imagine this scenario: Early stage company Smallco develops an exciting new technology, which it uses to create the prototype of its first product - Brakethroo! A large company in the same field, Bigco, becomes aware of Brakethroo, and realizes that if the product works as hoped, it could be a valuable addition to Bigco's product range. Bigco offers to buy the technology and product from the shareholders of Smallco. The merger and acquisition (M&A) agreement specifies an up-front payment, and one or more payments dependent on achievement of milestones. Bigco agrees to use "commercially reasonable efforts" to achieve the milestones. Smallco and Bigco sign the agreement, the shareholders of Smallco get an immediate payout and look forward to further milestone payments.

Keith-Mallinson-Telecommunications-Expert-Photo.jpg

9/12/2018· Intellectual Property

Development of Innovative New Standards Jeopardised by IEEE Patent Policy

By: Keith Mallinson

In March 2015, IEEE significantly amended its patent policy in what was couched as an "update" but that seeks to significantly revise commitments from parties holding patent claims essential to IEEE standards to license those rights on reasonable and non-discriminatory (RAND) terms. Changes disallow patent holders from receiving any value attributable to the standards, require licensing at the smallest saleable patent practicing unit level, and deny these rights holders entitlement to seek an injunction against an unlicensed implementer until appellate review is exhausted. IEEE’s stated objective was to protect implementers from patent holdup, which was alleged without any substantiation.[1] IEEE is promoting, by reducing technology licensing costs, the short-term interests of certain implementers while undermining standard-essential patent values and the ability of SEP owners to receive adequate compensation, they are entitled to, from licensing their SEPs.

Fulcrum-Inquiry-Logo.jpg

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.

Keith-Mallinson-Telecommunications-Expert-Photo.jpg

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.

Fulcrum-Inquiry-Logo.jpg

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.

Anthony-Sarabia-Expert-Photo.jpg

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.

Anthony-Sarabia-Expert-Photo.jpg

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.

alan-perlman-photo.jpg

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.

Featured resources

Chromium(VI)
Chromium(VI) Handbook

by James A. Jacobs, et. al (eds.)

Practicing
Practicing Forensic Criminology, 1st...

by Daniel Kennedy, Kevin Fox Gotham

International
International Trade in Computer Software

by Stephen E. Siwek, et al

Experts.com-No broker Movie Ad
Unicourt Logo Button

Follow us

linkedin logo youtube logo rss feed logo