(Numbers) and IP Licensing Agreements
Now, for those of you paying attention, you will notice that the spelled out numbers do not match the digits appearing in parentheticals. Why do attorneys do this? What class in law school do they...
View ArticleLandscape 2013: Who are the Players in the IP Marketplace?
The latest statistics show that the cumulative value of U.S. intellectual property is approximately $5.8 trillion (or 48.4% of GDP), and each year over half a million patent applications are filed,...
View ArticleBridging the Innovation Gap: Pro Bono Opportunities for Intellectual Property...
I ended my three-part article by recommending that members of the IP Bar should strive to volunteer more pro bono hours in order to help bridge the innovation gap. Encouragingly, I received some emails...
View ArticleCompetency Standards and Ethical Regulations for U.S. Intellectual Property...
Individual inventors and corporate IP owners are used to dealing with accountants, lawyers and investment advisors – all professionals who are governed by state and/or federal professional regulations,...
View ArticleContracts 101: Covenants, Representations and Warranties in IP License...
Recently, it has struck me that many business folks who “negotiate tons of IP license agreements,” fail to understand the difference between covenants, representations and warranties that are...
View ArticleConjunctions and/or Patent Claims
The U.S. District Court for the District of Kansas construed the word “or” in clause (e) of Claim 1 to mean “a choice between either one of two alternatives, but not both.” This claim construction was...
View Article12 Year-End Considerations for Non-Disclosure Agreements
As the year quickly comes to a close, I recently engaged in some file cleanup. During this cleanup, it struck me that the most common type of agreement – by far – I worked on for my clients in the past...
View ArticleAre Your Corporate Transactional Attorneys Harming Your Future IP Strategy?
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...
View ArticleThe Patentability of Software: Myths, Facts and a Proposed Test
There are those who argue against the patentability of software as a whole – never mind finding a test as to what software (or computer-implemented) claims should be patentable. We disagree. Why? Well,...
View ArticleSupreme Court’s Latest Patent Case and Software Patentability
The Supreme Court’s Alice decision has again left the IP bar without a clear, repeatable test to determine when exactly a software (or computer-implemented) claim is patentable versus being simply an...
View ArticleUsing Competitive Intelligence to Enable IP Monetization
In the last 35 years, there has been a shift from a labor economy to a knowledge economy. Consequently, intangible assets (and thus, IP rights) have emerged as the most powerful asset class, overtaking...
View Article10 Business-Oriented Rules for Achieving IP Lawyering Excellence
I have had a fair number of clients, staff members and managers, and have been fortunate to glean various nuggets of wisdom from my interactions with all of them. I now share those learnings –...
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