Oracle damages expert engages in overreaching, but Google is wrong, too
Special Legal Analysis provided by Sherrye Henry, Legal Editor, IP Value Wire Oracle America, Inc. v. Google Inc., 2011 WL 2976449 (N.D. Cal.)(July 22, 2011) This high-profile patent infringement litigation pits Oracle and its popular Java platform against Google and its relatively new, highly successful Android technology. The stakes are high, and from the stern, [...]
Did Motorola indirectly help Samsung strengthen its hand in display technologies?
Universal Display out of New Jersey has licensed its OLED technology to Samsung through the year 2017. IPBlog wonders how much of Motorola’s trade secrets on organic luminescence display technology will now end up with Samsung, as ktMINE reveals a late 2000, broad-reaching agreement with Universal Display Corporation as a licensee of Motorola OLED patents [...]
A sampling of recent IP case digests added to BVLaw
These are a sampling of new cases digested for BVLaw. These are cases where calculations of intellectual property value were essential to appellate level litigation. Mondis Technology, Ltd. v. LG Electronics, Inc., 2011 WL 2417367 (E.D. Tex.)(June 14, 2011) Federal district court permits patent damages expert to base running royalty calculations on market value of [...]
New IAM survey: how should your IP department be measured?
How should IP departments (and the chief IP officers who run them) be measured? IPVW hears more and more about the belief that financial data should be the primary method to demonstrate the value of the IP assets–and that CIPO’s should be subject to P&L responsibilities, just like other business units. Do you agree? IAM [...]
Nortel and Motorola patents are in the news (including here) but what does that really mean?
In light of the recent multi-billion dollar Nortel patent auction followed by Google’s purchase of Motorola Mobility’s patents it would seem easy to surmise the patent industry is rocketing to new financial heights. But, ironically, few IP strategists have offered views about if or how the global economic downturn will affect the patent industry. IPVW [...]
What’s the value of moving up the list of most reputable companies?
The Reputation Institute and Global RepTrak Pulse recently released their findings of the world’s 100 most reputable multinational companies. Forty eight thousand consumers across fifteen markets participated in the study. “Reputation has become an increasingly critical intangible asset,” says Dr. Charles Fombrun, now Chairman of the Reputation Institute. Companies are scored on: emotional indicators, i.e., trust, esteem, [...]
Section 101 of the Patent Act may provide the answer to reining in software patents
Recall in Bilski, the U.S. Supreme Court basically held the “machine or transformation” test to be okay, but not exclusive. However, the court rejected the Bilski patent as unpatentable under Section 101 of the Patent Act. Now, the Court of Appeals for the Federal Circuit (CAFC), has used Section 101 of the Patent Act to invalidate [...]
What factors erode trademark value?
In addition to registration, valuation analysts look at three significant factors that can quickly erode trademark value: Is the trademark in everyday use to represent the product class (is it generic or becoming generic)? “Kleenex” is used to represent tissues, for example. Xerox fought hard to distinguish between “making copies” and “Xeroxing.” Has the mark [...]
Is real patent reform now in our sights?
Patently O reminds us September should bring with it passage of the America Invents Act of 2011, the first patent reform in nearly sixty years. H.R. 1249: grants rights to the first-inventor-to-file (rather than first-to-invent) a patent application, to come into conformity with the rest of the world and to reduce strangling litigation over patent ownership; [...]
IP Business Strategies Drive Business Growth
Earlier this year, Dr. Sudeep Basu, Practice Leader, Innovation Services, Frost & Sullivan and Tyron Stading, CTO, Innography, joined together to discuss how IP impacts business strategies. A dive into growth processes in organizations that involve multiple disciplines shows that more than 80% of them are impacted by IP: M&A, geographic expansion, new product development, [...]
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