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Maximizing Patent Monetization Value
In today's market, patents often have little monetary value absent a credible enforcement threat. Such a threat depends on the patentee's ability to prove infringement, survive validity challenges, and establish a defensible and supported damages model. These are not easy tasks in any case, but we have analyzed the issues faced in patent licensing and litigation discussions, and have traced backward through the process to suggest strategies that prosecution counsel might apply early in the process to influence their clients' ultimate ability to monetize patents through litigation or other means.
Patent prosecution strategy often arises in-house, or at least from discussions between in-house and outside prosecution counsel about the best strategy given the company's unique circumstances. No strategy can fit every company seeking patent protection. In-house counsel, however, might seek the best results by considering this proposition: a patent's ultimate enforcement potential highly influences that patent's value in many contexts, including offensive licensing (to generate royalties), defensive negotiation (asserting in response to a competitor's patent assertions), and asset valuation (for company valuation or as loan collateral).
In-house counsel have unique access to the critical pieces of a prosecution strategy directed at maximizing monetization value: the inventors, in-house R&D and engineering, patent portfolio strategy, management, marketing, and outside counsel. Drawing from these resources for insights allow in-house counsel the opportunity to facilitate a patent strategy that maximizes the potential for returns on investment.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.