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Features
Today's innovation and brand-driven companies are well aware of the importance of intellectual assets ('IAs'). Few CEOs would deny the fact that a significant portion of their company's value is derived from intellectual property, especially patents. However, IAs represent a challenge for many corporate managers seeking to realize value in a world historically tied to 'hard asset' financial measures. Not only do most operating managers lack experience in systematic management of intellectual assets, but also they lack the necessary tools — such as agreed-upon accounting methods and standardized financial reporting for such assets. Not to mention the fact that most companies also lack even the most basic information systems needed to manage how intellectual assets are created, managed, and exploited.
Features
Since 2002, when then-Prime Minister Junichiro Koizumi stated he intended to transform Japan into a 'nation that is built on the platform of intellectual properties,' the Japanese government has shifted its focus on Intellectual Property ('IP'), bringing about numerous policy changes empowering Japanese firms to actively pursue both defensive and offensive corporate strategies to further discover the inherent value of their intellectual capital. These changes included not only new laws and agencies, but also the establishment of an Intellectual Property High Court ('IPHC') that handles only IP-related cases. For the United States, this signals that Japan is determined to become more competitive in both domestic and international markets using IP.
Can a company skirt infringement of a U.S. patent for a software-enabled computer by sending a master software disk from the United States to a non-U.S. country where computers are loaded with installation disks generated from the master disk, but are not loaded with the master disk itself? In <i>Microsoft Corp. v. AT&T Corp.</i>, 550 U.S. ____, 127 S.Ct. 1746 (2007), a highly anticipated decision with potentially significant ramifications for the enforcement of software-based patents, the Supreme Court answered 'yes.'
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