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BVR's IP Management & Valuation Wire

News and best practices on valuing intellectual property

Microsoft to Trademark Owners: You Are on Your Own

Written by Randy on February 18, 2011 - 1 Comment
Categories: best practices, IP valuation research, trademark infringement

That Google has escaped liability for selling trademarked names as AdWords was not enough to entice Microsoft and Yahoo (via the alliance with Microsoft established a year ago) into the fold.  However, as you read about in the case we reported on here, now that the advertiser can be on the hook for infringement damages, the [...]

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Relief from Royalty Valuation Key to IP Asset Financing

Written by Randy on February 17, 2011 - 0 Comments
Categories: best practices, investing in IP, ip monetization, IP valuation research, IP value comparables & research, royalties-reasonable

Martin Brassell is CEO of Inngot, a UK firm deeply involved in IP valuation and management. His pointed article in Intellectual Property Magazine contributes to the mounting literature designed to drag key financial stakeholders along for the IP value awareness ride.  His premise is a simple one:  innovation must be financed, and lenders need to [...]

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Madden NFL Deal Change May Portend Bad News for Pro Football Fans

Written by Randy on February 16, 2011 - 1 Comment
Categories: brand value, copyright values, IP valuation research, IP value comparables & research, licensing

Electronic Arts’ renegotiated deal with the NFL may be the best prognosticator of how the NFL/NFL Players’ negotiations are going. At the end of 2004 Electronic Arts announced to the world its exclusive licensing arrangement with the National Football League and the players, through its Madden NFL franchise.  In 2008 it extended that arrangement, to [...]

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1 Comment

Buying Another’s Trademark in Google’s AdWords Deemed Infringement

Written by Randy on February 15, 2011 - 3 Comments
Categories: best practices, brand value, commercial litigation, damages, damages and lost profits valuations, expert witness, IP valuation research, trademark infringement

One day in a previous business life I did a Google search on the name of our company, and the first listing (albeit paid) pointed to my chief competitor. That competitor purchased our company name as a “keyword” in Google’s AdWords program, so that their ad might be displayed on the search results.  At the [...]

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3 Comments

There is Another Human Side to Gene Patenting

Written by Randy on February 14, 2011 - 0 Comments
Categories: commercial litigation, early stage IP, ip monetization, IP valuation research, licensing, Patent Litigation, Patents, United States Patent and Trademark Office, USPTO

We monitor the many technical blogs which do a fabulous job of covering the Association of Molecular Pathology v. U.S.  Patent and Trademark Office (Myriad) case.  The arguments in that case are well-stated, from both sides.  For those interested, these arguments have been made before, not in legalese, but nonetheless compelling in seminars and meetings, [...]

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A Case Study: Spotlight on WiLAN

Written by Randy on February 11, 2011 - 0 Comments
Categories: best practices, case law analysis, commercial litigation, damages, damages and lost profits valuations, investing in IP, ip monetization, IP valuation research, IP value comparables & research, licensing, Patent Litigation, royalties-reasonable, United States Patent and Trademark Office, USPTO

As we frequently discuss creating, sustaining and growing value through defending and prosecuting intellectual property assets, it’s probably time to put a spotlight on WiLAN. Here’s how WiLAN describes itself: “WiLAN was founded in 1992 to commercialize technology inventions that made low-cost, high-speed wireless networking a reality.  Used in several generations of proprietary products manufactured [...]

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Patent Reform Act: 2001 Edition

Written by Randy on February 11, 2011 - 0 Comments
Categories: IP valuation research, Patents, United States Patent and Trademark Office, USPTO

Dennis Crouch offers an informed summary of the new Patent Reform Bill wending its way through the D.C. catacombs.  Here’s the text of S.23, and here Dennis puts it into context. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post

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Ford Moves to Protect Trademark

Written by Randy on February 10, 2011 - 0 Comments
Categories: brand value, commercial litigation, trademark infringement

The new Formula 1 racing season begins in March, and Ferrari is the first team to reveal its prize entry. The F150 (reportedly named to commemorate the 150th anniversary of the unification of Italy), was launched on Wednesday … including a new web site where photos and stories can be accessed by Formula 1 fandom. According [...]

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Patent Use or Intended Use is a Key Determinative of Value

Written by Randy on February 10, 2011 - 0 Comments
Categories: best practices, IP valuation research, IP value comparables & research, licensing, Patents, royalties-reasonable

Fernando Torres of IPMetrics states, “A patent’s use is a key arbiter of its economic value,” in a fascinating, ordinal ranking of potential uses of a patent and their corresponding relative values to an organization. The list is instructive to valuation analysts as they locate and classify an organization’s intellectual property, and to planners and managers [...]

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It’s Coming up Roses for Optimer Pharmaceuticals

Written by Randy on February 9, 2011 - 0 Comments
Categories: investing in IP, ip monetization, IP valuation research, IP value comparables & research, licensing, Patents, royalties-reasonable

Optimer Pharmaceuticals announced positive top-line results from the second of two Phase 3 FDA trials evaluating the safety and efficacy of fidaxomicin (OPT-80) in patients with clostridium difficile infection (CDI). Fidaxomicin’s performance over the current standard of care (vancomycin) was significant. For this study, researchers reviewed 629 patients with CDI infections. Half of the patients received [...]

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