Posts in Raymond Millien


10 Business-Oriented Rules for Achieving IP Lawyering Excellence

I have had a fair number of clients, staff members and managers, and have been fortunate to glean various nuggets of wisdom from my interactions with all …
11 months ago 2

Using Competitive Intelligence to Enable IP Monetization

In the last 35 years, there has been a shift from a labor economy to a knowledge economy. Consequently, intangible assets (and thus, IP rights) have emerged as …
12 months ago 0

Supreme Court’s Latest Patent Case and Software Patentability

The Supreme Court’s Alice decision has again left the IP bar without a clear, repeatable test to determine when exactly a software (or computer-implemented) claim is …
1 year ago 1

The Patentability of Software: Myths, Facts and a Proposed Test

There are those who argue against the patentability of software as a whole – never mind finding a test as to what software (or computer-implemented) claims should be …
1 year ago 5

Are Your Corporate Transactional Attorneys Harming Your Future IP Strategy?

Entering into a corporate transaction without a careful review of the intellectual property (IP) involved can have negative consequences on an enterprise’s future IP strategy. This …
2 years ago 1

12 Year-End Considerations for Non-Disclosure Agreements

As the year quickly comes to a close, I recently engaged in some file cleanup. During this cleanup, it struck me that the most common type of …
2 years ago 5

Conjunctions and/or Patent Claims

The U.S. District Court for the District of Kansas construed the word “or” in clause (e) of Claim 1 to mean “a choice between either one of …
2 years ago 9

Contracts 101: Covenants, Representations and Warranties in IP License Agreements

Recently, it has struck me that many business folks who “negotiate tons of IP license agreements,” fail to understand the difference between covenants, representations and warranties that …
2 years ago 2

Competency Standards and Ethical Regulations for U.S. Intellectual Property Brokers and Other Middlemen

Individual inventors and corporate IP owners are used to dealing with accountants, lawyers and investment advisors – all professionals who are governed by state and/or federal professional …
2 years ago 0

Bridging the Innovation Gap: Pro Bono Opportunities for Intellectual Property Attorneys

I ended my three-part article by recommending that members of the IP Bar should strive to volunteer more pro bono hours in order to help bridge the …
3 years ago 1

Landscape 2013: Who are the Players in the IP Marketplace?

The latest statistics show that the cumulative value of U.S. intellectual property is approximately $5.8 trillion (or 48.4% of GDP), and each year over half a million patent …
3 years ago 2

(Numbers) and IP Licensing Agreements

Now, for those of you paying attention, you will notice that the spelled out numbers do not match the digits appearing in parentheticals. Why do attorneys do …
3 years ago 2