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Risk Modeling, Not Patent Mining: Identifying the Best Patents for Licensing
Patent value increases when positive cash flow can be attributed directly to it. Ideal patents for licensing are those already being used (or, perhaps, abused) by others. Unfortunately, identifying unauthorized patent use can be like finding a needle in the proverbial haystack. Random patent mining by bibliometric methods is an extremely inefficient method of identifying licensing candidates ' but many patent owners continue to use such methods out of habit.
A less expensive, less haphazard method relies on risk modeling done much the same way as Wall Street analysts price derivative products or actuaries determine insurance premiums. Increasingly, patent and other IP owners are relying on the experience of technical experts, such as engineers, scientists, programmers and others experienced in a particular area of art and product development to assess the “real world” strength of their proprietary rights and the revenue generating potential of their intangible assets.
Technical experts who know what to look for and, equally as important, how to organize the resultant information, are an excellent complement to legal professionals who have the experience to close deals and, when necessary, file lawsuits. Not only are technical experts in the position to determine if other products are likely to be infringing a particular patent, but they frequently are able to uncover many other critical pieces of information, such as the type and value of know-how (or “show-how”) necessary to make the patent integral to a licensing negotiation or program.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.