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BVR's IP Management & Valuation Wire

News and best practices on valuing intellectual property

Motorola wants 2.5% of Apple sales for a license to a standard-essential patent

Written by Randy on February 6, 2012 - 0 Comments
Categories: commercial litigation, IP value comparables & research, licensing, Patent Litigation, Patents, royalties-reasonable, royalty

In digging through the court documents in Motorola v. Apple, Florian Mueller uncovered the 2.5% royalty rate Motorola is seeking for a license to a standard-essential patent (for wireless devices). The patent is subject to “fair, reasonable and non-discriminatory” licensing, meaning it is essential for a standard and Motorola must offer to license it to [...]

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University of Pennsylvania seeks over $1B in alleged IP theft

Written by Randy on January 30, 2012 - 0 Comments
Categories: best practices, commercial litigation, damages, Patents, technology transfer

Science Magazine recently reported on the Leonard and Madlyn Abramson Family Cancer Research Institute at the University of Pennsylvania and its attempt to recover damages from alleged theft of intellectual property related to cancer research. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post

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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. Section 101(35)(A) of the Bankruptcy Code limits intellectual property in bankruptcy to trade secrets, patents, (and patent applications) and copyrights. The Code gives Kodak three options with respect to contractual obligations: assume, [...]

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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. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post

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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. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this [...]

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How much is a customer worth?

Written by Randy on January 10, 2012 - 0 Comments
Categories: commercial litigation, damages, financial reporting for IP, intangible property, IP valuation research, purchase price allocation

Valuators encounter this question a lot, in executing purchase price allocations, in calculating damages, etc.:  how much are customers worth, in the form of a customer list or customer relationships? Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post

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Google may be patent vulnerable in 2012

Written by Rebecca on December 30, 2011 - 0 Comments
Categories: commercial litigation, intellectual property M&A, IP strategy, IP valuation research, Patent Litigation, Patents

In 2012, expect to see Google Inc. in continuing patent litigation. Google is vulnerable because it has a relatively “tiny patent portfolio with which to defend itself,” writes Jay Greene of www.cnet.com. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post

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Wake Forest technology transfer has to respond to its own patent cliff

Written by Randy on December 23, 2011 - 0 Comments
Categories: best practices, commercial litigation, investing in IP, IP valuation research, licensing, Patent Litigation, Patents, royalty, technology transfer

The Vacuum-Assisted Closure (VAC) wound treatment device was developed by professors at Wake Forest Baptist Medical Center and is used worldwide. Two related patents were licensed to KCI (Kinetic Concepts Inc.) and the university earned nearly $300M in royalties over a four year period. That appears to be coming to a screeching halt. Bookmark on [...]

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Uniloc expert fails to analyze sufficiently comparable licenses

Written by Randy on December 22, 2011 - 0 Comments
Categories: case law analysis, commercial litigation, damages, damages and lost profits valuations, IP valuation research, licensing, Patent Litigation, Patents, royalties-reasonable

To calculate reasonable royalty damages for patent infringement, financial experts must now comply with the tighter Uniloc v. Microsoft standard, which only permits reliance on comparable licenses with a “discernible link to the claimed technology”. Importantly, this link must account for both the technological and economic differences between the prior licenses and the patents-in-suit. Bookmark [...]

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Attempt to use trademark law to stifle criticism falls short

Written by Randy on December 21, 2011 - 0 Comments
Categories: case law analysis, commercial litigation, intangible property, IP strategy, reputation, trademark, trademark infringement

Opinion Corp. publishes … well … opinions. Strident opinions. Ascentive didn’t like that consumer complaints posted on the Opinion Corp. website attracted search activity and competitive advertising, and they sought to protect their reputation by filing a trademark infringement action.  Judge Leo Glasser wasn’t impressed. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about [...]

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