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Posts Tagged ‘ ip ’

Patents and Portfolio Value, Up or Down?

Posted: Thursday, Nov 6, 2014 @ 10:00 am | Written by Gene Quinn | No Comments »
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Posted in: Gene Quinn, IP News, IPWatchdog.com Articles, Patent Business & Deals, Patents

Event co-char Abha Divine of Technquity welcomes attendees. Co-chair Phil Hartstein of Finjan (standing) looks on, as David Morland (3LP Advisors) prepares to moderate.

Today I am in New York City at the 2014 IP Dealmakers Forum. This is the inaugural event, and over 190 people are in attendance today. In fact, event organizer Wendy Chou of CHOUmedia, told me several days ago that registration had to be closed early because maximum capacity had been reached. At a time when patents and patents and patent portfolios are under downward pressure as the result of patent reform and case law, this event has arrived at exactly he right time. Interest is very high, and anxiety is as well.

The first panel of the day, titled View of the IP Market and Investment Landscape, discussed the IP markets generally, trends in investments, recent deal activity, evolving business needs and other asset classes and emerging markets, including IP financing in Asia.

David Morland, a partner with 3LP Advisors, moderated the first panel. He lead off the segment by pointing out that in the United States patents are being both applied for and issued in record numbers year after year. He also started the substance of the program today by pointing out that the people who own patents in the United States do not seem to believe that the asset class has been devalued. “Maintenance fee payment rates have raised, particularly with respect to the twelve-year payment, which suggests that those who own the assets do not think they are diminishing in value,” Morland explained.



Using Competitive Intelligence to Enable IP Monetization

Posted: Wednesday, Sep 3, 2014 @ 10:00 am | Written by Raymond Millien | No Comments »
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Posted in: Guest Contributors, IP News, IPWatchdog.com Articles, Patent Business & Deals, Patents, Raymond Millien

Illustration by Cat Scott for www.engrossed.me (used with permission).

Personnel charged with managing an enterprise’s intellectual property (IP) are increasingly being asked to show some return for the often multi-million dollar expenditures on applications, registrations and attorneys’ fees. Such returns are only possible by undertaking some form of IP monetization efforts. Like most corporate efforts, however, there first must be a strategy in place. Yet, how can enterprises set an IP monetization strategy without first understanding the IP landscape in the relevant industry? More specifically, enterprises must be able to answer the following questions before even setting a strategy and embarking on any IP monetization efforts: Who are our potential licensees? Who are our potential enforcement targets? What are our best IP assets? Where do we start? What are best practices in the industry? What are the risks? What are the potential rewards? The process of answering these questions in order to form and execute upon IP monetization strategy is called competitive intelligence (CI).



IP Law Summit – September 14-16

Posted: Sunday, Aug 3, 2014 @ 12:21 pm | Written by Gene Quinn | Comments Off
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Posted in: IP News, IPWatchdog.com Articles

The IP Law Summit will be held from September 14, 2014, through September 16, 2014, at the Eau Palm Beach Resort & Spa, Palm Beach, Florida. The event will bring together senior IP Counsel from large corporations and mid-market organizations with service providers. The Summit is an invitation-only event that will take place behind closed doors.



Populist Disconnect and the Whittling Away of IP Rights

Posted: Tuesday, Jul 29, 2014 @ 5:35 pm | Written by Gene Quinn | 25 comments
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Posted in: Copyright, Gene Quinn, IP News, IPWatchdog.com Articles, Patents, US Economy

In Joe Allen’s recent column Does Innovation Lead to Prosperity for All? he ended with a quote by Alexander Fraser Tyler from The Decline and Fall of the Athenian Republic, which suggested that a democracy cannot continue to exist once the majority realizes they can vote for candidates that promise a never ending stream of benefits. Eventually, the result of politicians handing out money and benefits for votes leads to a collapse as the result of unsustainable fiscal policy.  Allen quizzically ends by stating that this couldn’t ever happen in the United States, could it? Sadly, we know it is happening in America.

As of the writing of this article the U.S. national debt is over $17.6 trillion, which if you write out in long form is $17,600,000,000,000.00. To put this into perspective, if you wanted to count to 1 trillion and you counted a number ever second non-stop without sleep it would take you 31,546 years, which means that to count to 17.6 trillion would take you over 555,209 years. Explained another way, the height of a stack of 1 trillion one dollar bills measures 67,866 miles, which means that 17.6 trillion one dollar bills would be nearly 1.2 million miles. To put this into perspective the Earth is only on average 238,855 miles away from the moon.

Saying the United States has a spending problem is an extraordinary understatement, but spending continues. The public demands spending and so many people now erroneously believe that the way to improve the economy is for the government to spend ever more sums while at the same time regulating business like never before. Taking the foot off the throat of the private sector and reducing government spending has been a time tested and effective way to stimulate activity, create jobs and improve the overall economic condition of the U.S. economy. So there is an extreme disconnect between historical reality, what the people want and the policies America is pursuing.



IP Law Summit in Palm Beach, Florida

Posted: Sunday, Jul 20, 2014 @ 8:00 am | Written by Gene Quinn | Comments Off
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Posted in: IP News, IPWatchdog.com Articles

The IP Law Summit will be held from September 14, 2014, through September 16, 2014, at the Eau Palm Beach Resort & Spa, Palm Beach, Florida. The event will bring together senior IP Counsel from large corporations and mid-market organizations with service providers. The Summit is an invitation-only event that will take place behind closed doors.



What is Intellectual Property?

Posted: Saturday, Jul 19, 2014 @ 11:56 am | Written by Gene Quinn | Comments Off
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Posted in: Educational Information for Inventors, Gene Quinn, Inventors Information, IP News, IPWatchdog.com Articles

Generally speaking, “intellectual property” is probably best thought of (at least form a conceptual standpoint) as creations of the mind that are given the legal rights often associated with real or personal property. The rights that are obtained by the creator are a function of statutory law (i.e., law created by the legislature). These statutes may be federal or state laws, or in some instance both federal and state law govern various aspect of a single type of intellectual property.

The term intellectual property itself is now commonly used to refer to the bundle of rights conferred by each of the following fields of law: (1) patent law; (2) copyright law; (3) trade secret law; (4) the right of publicity; and (5) trademark and unfair competition law. Some people confuse these areas of intellectual property law, and although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes.



Laying the Groundwork for a Reflective IP Strategy

Posted: Wednesday, Apr 16, 2014 @ 8:00 am | Written by Dolly Krishnaswamy | Comments Off
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Posted in: Dolly Krishnaswamy, Guest Contributors, IP News, IPWatchdog.com Articles

“Without a strong healthy business nothing else really matters–not even IP.  A successful IP [plan] is one that follows the business and strategizes to meet its goals,” says Cynthia Raposo, Senior Vice President of Underarmour. The questions that need to be answered that go into formulating an intellectual property strategy–like when the company wants a profit, whether it is interested in attracting investors or academic collaborations or buyers, whether it will become a public or global company, what its niche in the market is, how fast developments in the field are– can’t be fully answered without not only consulting the business people, but being on the exact same page as them.

Instead of trying to warp business around IP or thinking about why and when IP might make incentives for business, as has been the case in the scholarly literature, we should start shifting the focus and instead discuss IP strategy in the context of business growth and development. This year at the AIPLA Mid-Winter Institute, the panels allowed us to take a detailed look at seven companies (Underarmour, RedHat, GlobeImmune, Cubist Pharmaceuticals, Harley Davidson, Ventana Medical Systems, and Global Partner Holdings) who have done just that and have progressed from small start-ups to well-known, profitable companies. Their successes emphasize why and how IP strategy should change as the business changes.



Marla Grossman Exclusive, Part 2

Posted: Wednesday, Feb 5, 2014 @ 10:46 am | Written by Gene Quinn | Comments Off
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Posted in: Congress, Copyright, Gene Quinn, IP News, IPWatchdog.com Articles

Marla Grossman

Marla Grossman is an attorney and partner with the American Continental Group,where she represents clients before the White House, US federal agencies and the US Congress. In other words, Grossman is a lobbyist, but not just any lobbyist. Her clients are a whose-who among the elite in the entertainment industry.

In part 1 of our interview we discussed the prospects of patent litigation reform, the likelihood that Congress will open up the Copyright Act and pursue legislative reforms, and how to get a message heard on Capitol Hill. In part 2 of our interview, which appears below, we pick up where we left off discussing how to take a message to Congress, and then we transition into discussing how quickly legislation can be derailed, as was the case with SOPA, and the unfortunate need to continue to fight the same policy battles time after time. We end generally discussing the political climate in Washington, DC, and how it has changed over the years.

Without further ado, here is the finale of my interview with Marla Grossman.

QUINN: I also think that there is a fundamental misunderstanding on the part of many. I wonder whether it’s an intentional misunderstanding or whether it’s just that they don’t know any better, but there are a lot of people who seem to think that putting out a product is innovation. While it may be a new product to them, that’s not what innovation is about. What that is in many cases is about something you said earlier – many seem to want to be able to take the intellectual property of other people without consequence. How do we combat that kind of growing definition of innovation or growing understanding of innovation



A Conversation with Marla Grossman – IP and Lobbying

Posted: Monday, Feb 3, 2014 @ 12:07 pm | Written by Gene Quinn | Comments Off
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Posted in: Copyright, Gene Quinn, IP News, IPWatchdog.com Articles

Marla Grossman

If you are familiar with the politics of intellectual property as it is played out inside the beltway you undoubtedly already know Marla Grossman. Grossman is an attorney and partner with the American Continental Group, and her bio page says “she helps her clients with strategic public policy planning and representation before the White House, US federal agencies and the US Congress.” She is a lobbyist who seems to most typically represent clients with a pro-intellectual property position. Her client list is a virtual whose who of the elite entertainment industry.

Grossman is “a mover and a shaker” around DC. Everyone knows Marla, and she knows everyone. You can find her at virtually every IP related event in the Greater DC area, whether it is at the Library of Congress, the United States Patent and Trademark Office, AIPLA, a black-tie affair or other industry event. We have included her in our “insiders” series and in 2013 the National Law Journal referred to her as a “leading copyright attorney and lobbyist.” She is the real deal.

Perhaps the reason Grossman has become so sought after as a representative, particularly in the copyright and entertainment industries, is because of her time working on Capitol Hill. The 1990s saw a number of legislative issues of great importance thanks to the sudden growth of the World Wide Web. During this time, from 1997-1999, Grossman served as minority counsel to the US Senate Judiciary Committee, where she worked to develop policy positions and legislative initiatives for US Senate Patrick Leahy (D-VT), who now Chair’s the Senate Judiciary Committee. During her time working on Capitol Hill Grossman worked on a variety of intellectual property, Internet usage, entertainment, online gaming and technology issues for Senator Leahy, and was directly involved with major reforms  including the Digital Millennium Copyright Act; Copyright Term Extension Act; Trademark Law Treaty Implementation Act; Domain Name Amendment Act; and US Patent and Trademark Office Reauthorization Act.



Are Your Corporate Transactional Attorneys Harming Your Future IP Strategy?

Posted: Friday, Jan 24, 2014 @ 9:58 am | Written by Raymond Millien | 1 Comment »
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Posted in: Guest Contributors, IP News, IPWatchdog.com Articles, Patent Business & Deals, Patents, Raymond Millien

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 is especially true when IP owners do not adequately supervise the corporate attorneys who are preparing the “customary” documents for a merger, acquisition, joint venture formation, equity investment, bridge loan or any other type of corporate transaction.   Such adequate supervision involves a careful review of the “deal docs” for IP issues.  Why?  Because the corporate attorneys may often not appreciate or be aware of the unintended consequences of the language typically employed in such corporate transactional agreements, an IP-focused review is prudent to avoid such unintended consequences.

Invariably, a part of drafting (and negotiating) the deal docs involves preparing one or more IP-related schedules.  That is, the specific patents, trademarks, copyrights, trade secrets, know-how and/or software involved in a transaction will be listed in one or more schedules.  These schedules are then referred to in the transaction (i.e., “main”) agreement as the IP being licensed, acquired, divested, pledged, contributed or exempted – depending, of course, on the particular transaction.