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BVR's IP Management & Valuation Wire

News and best practices on valuing intellectual property

Two Apple patent filings give glimpse into company’s corporate strategy

Written by Rebecca on January 26, 2012 - 0 Comments
Categories: IP strategy, Patents

Filing patents is critical for protecting inventions, but truth be told, it also gives competitors an inkling into other companies’ corporate strategies. Take two recent Apple patent filings. In the first, the innovative computer company indicates that it will use Siri, the voice-activated technology in its iPhone 4S, into a wide spectrum of Apple products. “The company filed a patent application for Siri, which includes a diagram showing that the voice-activated assistant could be included in many products and services, including computers, tablets, connected televisions, cameras, Web, and e-mail platforms,” reports mobilemedia.com. The second patent application reveals an innovative way of designing batteries that could mean both thinner devices and higher battery capacities for Apple products. Clearly tradeoffs exist in the patent filing business and part of IP management is developing criteria to clearly evaluate this tradeoff.

 

 

 

 

 

 

 

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Will patent reform serve to attract the capital required to improve IP values and stimulate innovation?

Written by Randy on January 25, 2012 - 0 Comments
Categories: investing in IP, ip monetization, IP strategy, IP valuation research, legislation, Patent Litigation, Patents, United States Patent and Trademark Office, USPTO

Glenn D. Sacks, CPA, of Marks Paneth & Shron LLP, writes the changes in patent law being ushered in by America Invents Act will work to increase the value of patent portfolios and create a system which spawns and nourishes innovation. Here’s how he sees it working: Read more »

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IBM still #1 in patent recipient ranking, but Asian firms gaining strength

Written by Rebecca on January 24, 2012 - 0 Comments
Categories: Patents

IBM received the most U.S. patents in 2011, with 6180 granted, up about 5 percent from 2010. This marks IBM’s 19th year in first place. Yet, Asian companies are rapidly making gains in U.S. patent coverage. According to tomshardware.com, Asian firms now account for 25 or half of the top 50 U.S. patent-grant recipients. U.S. firms captured only 17 slots. “Global companies, and especially Asian ones, are collecting U.S. patents at a dizzying pace, and now Asian firms hold eight of the top 10 slots in the 2011 ranking,” said Mike Baycroft, CEO at IFI Claims Patent Services.  “This isn’t to say that U.S. companies have lost their verve for patent production, as their patent portfolios are also growing. It seems that Asian companies have apparently made it a higher priority.” Read more »

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What happens to Kodak IP licensees now that bankruptcy has been sought?

Written by Randy on January 23, 2012 - 0 Comments
Categories: case law analysis, commercial litigation, ip monetization, IP valuation research, licensing, royalty

The Intellectual Property and Transactional Law Clinic at Richmond covered this in a brief paper, at least as it pertains to federal law.

  1. Section 101(35)(A) of the Bankruptcy Code limits intellectual property in bankruptcy to trade secrets, patents, (and patent applications) and copyrights.
  2. The Code gives Kodak three options with respect to contractual obligations: assume, reject or assign.
    1. This assumes ownership issues are clear. Apple is asserting it owns some of the IP Kodak is claiming, and is asking the court to disallow its use as collateral for a loan.
    2. As rejection of a license (in order to end costly upgrades, for example) would be unduly harsh on the licensee, the Code allows for options, including the licensee’s continuation of the “rejected” license, though without any upgrades from the debtor-licensor.
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Patent reform will put a budget strain on university technology transfer offices

Written by Randy on January 23, 2012 - 0 Comments
Categories: best practices, legislation, licensing, Patents, royalty, technology transfer, United States Patent and Trademark Office, USPTO

In an interview in Newlogic, Inc, Melba Kurman, president of Triple Helix Innovation, stated America Invents Act’s world-conforming “first-to-file” change will significantly impact the technology transfer processes and budgets in most universities. Read more »

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Oracle calls an intellectual property audible in lawsuit against Google

Written by Rebecca on January 23, 2012 - 0 Comments
Categories: copyright values, IP strategy, Patent Litigation

Pleasse forgive the football analogy, but in its lawsuit against Google, Oracle has offered to drop its patent charges against Google and rely only on copyright infringement, if the court will hear the copyright complaints quickly.

In a filing made January 17, Oracle lays out three proposals to move the case forward: Read more »

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Kodak files for bankruptcy

Written by Rebecca on January 20, 2012 - 0 Comments
Categories: IP ownership, IP strategy, licensing, Patent Litigation, Patents

Yesterday, Eastman Kodak filed for bankruptcy after having failed to raise enough cash to turn the company around. Last Friday, Eastman Kodak Co. filed a lawsuit against Fujifilm Corp. claiming that some of the Japanese company’s cameras infringe on the digital imaging technology created by Kodak. Kodak has been trying to collect money through lawsuits and patent licensing fees, reports localizedusa.com. Read more »

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Sixty-two percent of European Patent Office filings came from outside Europe in 2011

Written by Rebecca on January 19, 2012 - 0 Comments
Categories: best practices, investing in IP, IP strategy, Patents

The Europeans Patent Office says its patent filings increased in 2011 to 243,000, up 3 percent from 2010. In turn, the office granted more than 62,000 patents last year. Of those, 62 percent of all filings came from outside Europe, with U.S. applications totaling 24 percent; Japanese applications,19 percent; and Chinese applications, 7 percent.  Read more »

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Financial analyst uses scenario planning to predict rosy future for Apple investors

Written by Randy on January 18, 2012 - 0 Comments
Categories: commercial litigation, IP strategy, IP value comparables & research, Patents

An article in CNNMoney suggests results of the smartphone patent wars will boost Apple’s share price from $35 to $260. Financial analyst Philip Elmer-DeWitt used scenario planning techniques, plugging in multiple outcomes, to derive his conclusions. Read more »

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Legos’ effort to use trademark law to extend their patent challenged in the U.S.

Written by Randy on January 18, 2012 - 0 Comments
Categories: commercial litigation, IP strategy, IP valuation research, trademark

Legos’ aggressive attempt to use a 1999 trademark of a 3D photographic representation of the “studs and tubes” interlocking system on their toy building blocks as a long-expired patent extender looks to be in its last stages. Read more »

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