Federal courts signaling stricter standard for expert IP evidence
Patent plaintiffs once considered the U.S. District court in the Eastern District of Texas one of the more favorable forums for winning damages—see, e.g., the recent $200 million jury award in i4i Ltd. Partnership v. Microsoft Corp, 2009 WL 2449024 (2009)(as reported in BVWire #85-1). But perhaps no longer: A new case may signal a [...]
Intellectual property constitutes its own “market,” says the Supreme Court
In NFL v. American Needle the Supreme Court just ruled against the National Football League and their exclusive apparel licensing deal with Reebok/Adidas—an antitrust decision that allows the 32 separate teams to create more of their own apparel licenses. This antitrust decision might not be of interest to business appraisers and IP owners except that [...]
IP expert commits ‘stunning oversight’ in Entire Market Value reasonable royalty analysis
Case law analysis: IP Innovation LLC v. Red Hat, Inc., 2010 WL 986620 (E.D. Tex.)(March 2, 2010) The plaintiffs patented a workspace switching feature and then accused the defendants of using it in their operating systems. The plaintiffs retained an expert to calculate damages based on a reasonable royalty rate. (Because the plaintiff does not [...]
USPTO sets record for last two weeks; is this a good thing?
The Patently-O blog notified BVR’s Intellectual Property Blog that “the USPTO’s high patent grant numbers continue. The past two weeks respectively rank Nos. 1 and 2 in terms of the most patents granted in a single week in US history.” What does this mean for IP value? It still depends on the status of the [...]
More IP on your balance sheet than anything else? You’re not alone! It’s the largest portion of disputed private company value
Weston Anson (CONSOR), the author of IP Valuation and Management, told YourABA (published by the American Bar Association): “I was just at a conference that brought together 200 leading experts in the field of intellectual property. One of my compatriots pointed out that consistently over the last two decades, the value of IP and intangible [...]
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