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BVR's IP Management & Valuation Wire

News and best practices on valuing intellectual property

Digest of Mattel case added to BVLaw

Written by David Foster on May 31, 2011 - 0 Comments
Categories: commercial litigation, copyright values

BVR’s IP Value Wire digests all significant cases where IP valuation approaches are litigated.  Here’s our summary of the key issues in the recent Mattel case that’s received so much attention: Mattel, Inc. v. MGA Entertainment, 2011 WL 836418 (C.D. Cal.)(March 4, 2011) Federal district court strikes portions of expert copyright infringement damages that apply [...]

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Growth, pre-tax margins drive LinkedIn and Skype valuations, says Damodaran

Written by David Foster on May 31, 2011 - 0 Comments
Categories: brand value

Aswath Damodaran (NYU Stern School of Business) expands on the recent valuations of Skype and LinkedIn to discuss the issues in valuing young growth companies. In his blog Musings on Markets he explains: The value drivers for Skype – revenue growth, target pre-tax operating margin and survival – are generally the constants you worry about with [...]

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It is Bizarro World: Apple v. Samsung

Written by Randy on May 31, 2011 - 0 Comments
Categories: case law analysis, damages and lost profits valuations, IP valuation research, trade dress, Trade Secrets, trademark infringement

Left Eye:  Dateline Suwon, South Korea. Apple Inc.’s COO, Tim Cook, is visiting Samsung Electronics to investigate new technologies that might benefit future generations of Apple products. “We are Samsung’s largest customer, and Samsung is a very valued component supplier to us. I expect a strong relationship will continue,” Cook said. Samsung spokespersons (through press [...]

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Disney Should Run Its IP “Creation” Strategies Through a Different Risk Management Filter

Written by Randy on May 30, 2011 - 0 Comments
Categories: best practices, brand value, intangible property, IP valuation research, reputation

We’ve written before about Disney marking something they didn’t create; recall our discussion of Snow White. We’ve refrained from writing about Disney’s application to trademark Seal Team 6, mostly because EVERYONE else was writing about it, and few had anything to add. It fell into the same category as Snow White, to us: Disney tries [...]

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Fiscal 2011 Research Licensing Revenues Have Raised the Bar at Temple University

Written by Randy on May 27, 2011 - 0 Comments
Categories: best practices, early stage IP, investing in IP, ip monetization, IP valuation research, licensing, Patents, royalties-reasonable, technology transfer

When their fiscal year 2011 closes on June 30, revenues from licensing agreements for Temple University-developed technologies will surpass the $1 million mark for the first time in the university’s history, according to the Office of Technology Development and Commercialization. Stephen Nappi, Director of Technology Development and Commercialization at Temple estimates revenues for fiscal year [...]

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New UK Report Focuses on Manufacturing Strategies to Protect and Leverage IP

Written by Randy on May 26, 2011 - 1 Comment
Categories: best practices, brand value, copyright values, intangible property, investing in IP, ip monetization, IP valuation research, Patents, trade dress, Trade Secrets

DMH Stallard, a law firm with offices in London and Gatwick, has commissioned a timely report on the “challenges faced by manufacturers over protecting data and intellectual property in the age of globalization,” with an aim to develop recipes for leveraging IP to create long-term value. The Report, called Plan, Protect and Prosper, results from [...]

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Taxpayers Should Now Review Their Transfer Pricing Documentation

Written by Randy on May 25, 2011 - 0 Comments
Categories: best practices, intangible property, IP valuation research, IP value comparables & research, licensing, royalties-reasonable, transfer pricing

Globalization and the economic downturn is forcing the IRS to take a very close look at transfer pricing, joining taxing authorities around the world. According the Gregory Ossi and Mike Shepherd of PricewaterhouseCoopers, writing for ThomsonReuters, U.S.-based corporations more than tripled their foreign profits between 1994 and 2004, and most of that profit is being [...]

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For Long-Term Preservation of Reputation, How Do You Handle Bad News?

Written by Randy on May 24, 2011 - 0 Comments
Categories: best practices, brand value, intangible property, IP valuation research, reputation

As we watch SONY try to resurrect its online gaming network from a severe and (now) clearly widespread hacking, it reminds us of the terrifying news that slowly leaked out in the damaged Japanese nuclear reactor s stories (much as radioactive water simultaneously was leaking out into the ocean). BP seemed to want to spoon [...]

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Trademark Value Goes Up When You Have a Strategic Buyer

Written by Randy on May 23, 2011 - 0 Comments
Categories: best practices, investing in IP, ip monetization, IP valuation research, trademark infringement, United States Patent and Trademark Office

Intersport has owned the “March Madness” trademark for twenty years, using it in conjunction with local events and more recently programming for mobile devices. The term is known to all college basketball aficionados as the nickname for the NCAA tournament that leads to the final four and the eventual crowing of a year’s Division One [...]

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Eminem Opens the Door to Other, Older Acts

Written by Randy on May 23, 2011 - 0 Comments
Categories: case law analysis, commercial litigation, copyright values, ip monetization, IP valuation research, royalties-reasonable

As we anticipated, Universal’s loss earlier this year (see here) has opened up the flood gates for older artists whose music contracts pre-dated iTunes. The issue was whether a digital download was a sale or a license.  Eminem claimed it was a license, and prevailed. What’s the difference? Generally speaking, a music artist got a [...]

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