Case Briefs
February 01, 2004
Highlights of the latest insurance cases from around the country.
Firms Seek Successful Patent (Non) Litigation
February 01, 2004
For emerging technology companies, a product that produces revenues is the lifeblood and should be protected at all costs. But when it comes to patent litigation, all but the largest technology companies should avoid the mind-set that they are suing to a conclusion, as either plaintiff or defendant. The objective is to make a reasonable intellectual property deal, sooner rather than later, and focus on competition in the marketplace — not the courtroom.
Law Departments Cut Costs by Sending Patent Work Abroad
February 01, 2004
Cheap foreign labor has long been a frightening specter for some American industries. But these days, garment makers and steelworkers are not the only ones competing with lower-paid counterparts abroad. Spurred by the slow economy, many in-house legal departments are cutting costs by relying less on U.S. outside counsel and more on lawyers in India, New Zealand, South Korea, and other countries where professional salaries are lower.
In Pursuit of Patents
February 01, 2004
There is little doubt that protecting one's intellectual property is important for businesses both large and small. Statistically, 60% of the market valuation of the average industrial corporation is based on its intellectual property and that figure rises to 80% for high-tech companies. Patents make up a large slice of the intellectual property pie in any technology-driven company. Filing a patent, however, is not the end of protecting your technology. Indeed, it is just the beginning. A key ingredient to the success of any technology-based company lies in effectively managing its patent portfolio. One important and often overlooked aspect of managing your patent portfolio is patent tracking.
Book Review and Commentary: Patenting in an Era of 'Open Innovation'
February 01, 2004
Open Innovation" by Henry Chesbrough. Harvard Business School Press (2003). 225 pp.In "Open Innovation," Henry Chesbrough proposes that a fundamental change is taking place in the business of innovation — a traditional closed innovation model is being supplanted by an emerging open innovation one. The closed innovation archetype was the isolated corporate research center that sought to single-handedly develop, commercialize, and dominate an emerging technology. Open innovation is heralded by companies that combine their internal capabilities with an awareness of the innovation marketplace and a willingness to license, acquire, and collaborate to maximize the speed and impact of innovation. The author opines that companies that continue to rely on closed innovation cannot compete against the new breed of open innovators.
Bit Parts
February 01, 2004
Recent developments in entertainment law.
Attorney Fees Update
February 01, 2004
Depending on the circumstances and the law, parties on either side of an entertainment suit may ask a court for an award of attorney fees. Following are court rulings from recent months that deal with this and related concerns. In this and future issues, <i>Entertainment Law & Finance</i> will report on such relevant rulings in Attorney-Fee Updates.
Clause & Effect: <b>Non-Monetary Benefits' Impact on Royalty Rights</b>
February 01, 2004
A right to net-profits participation from entertainment products has often been criticized as meaning little, given the many disputes that have arisen over non-payment. Even producers of highly successful products may argue that their ventures netted little or no net profits. Thus, revenue participants who obtain the right to a percentage of gross or adjusted-gross profits are usually considered in a better position than net-profits participants. Still, a right to gross profits has its pitfalls. A key issue is what revenues belong in the gross-profit pool.
Cameo Clips
February 01, 2004
Recent cases in entertainment law.
