Recent case law may impact the timing of defendant technical expert analysis and opinion regarding non-infringing alternatives in patent infringement litigation. On March 13, 2024, Magistrate Judge Roy S. Payne, in the United States District Court for the Eastern District of Texas, Marshall Division, issued an order in Smart Path Connections, LLC, v. Nokia of […]
Ocean Tomo
The Alice Decision and Uncertainty in IP
In other Ocean Tomo Insights posts, I have discussed uncertainty in the intellectual property system. In the patent system, one of the sources of uncertainty is the question of validity. A recent publication by my former colleagues in the Office of the Chief Economist at the US Patent and Trademark Office addresses uncertainty that resulted […]
Ocean Tomo, a part of J.S. Held, Releases Cannabis Industry Report
As my colleagues Brent Hull and Paula Durham noted in their recent article “The Rescheduling of Cannabis: business and Tax Implications”, today Ocean Tomo, a part of J.S. Held, released the 2024 Cannabis Industry Report. The report provides an extensive overview of the industry’s growth, challenges and opportunities, and is the result of a collaboration […]
Intellectual Property Experts Recognized Among World’s Leading Patent Professionals
Seven Ocean Tomo, a part of J.S. Held, intellectual property (IP) damages and business licensing practice experts were named to the IAM Patent 1000, the “definitive ‘go-to’ resource for those seeking to identify world-class, private practice patent expertise and leading expert witnesses.” IAM reports, “Ocean Tomo, a part of J.S. Held, is ‘a recognised leader in […]
Women’s Representation in the Legal Industry
In honor of retired Justice Sandra Day O’Connor, the first woman to serve on the U.S. Supreme Court, who died in December 2023, this article examines women’s representation in the legal industry and in patent law. While an increasing number of women earn law degrees, women continue to be underrepresented as practicing attorneys and in […]
Business Intelligence – A Key Strategy in the Battle Against Counterfeit Goods in the Supply Chain (Part 1 of 2)
According to the Organization for Economic Cooperation and Development (OECD), the international forum composed of 37 democracies with market-based economies, counterfeit and pirated goods represent approximately 3.3% of all global trade volume. Counterfeit goods may not only infringe patents, trademarks, copyrights, and other forms of intellectual property but pose a great reputational risk to the […]
The Rescheduling of Cannabis: Business and Tax Implications
The US Department of Justice (DOJ) has formally moved to reclassify cannabis as a less harmful Schedule III drug in a move that could have a significant economic impact on the cannabis industry. The Attorney General has submitted a notice of proposed rulemaking which – if given final approval by Drug Enforcement Agency (DEA) – […]
Data Assets the Gold of the Modern Economy
Over the past four years, we witnessed a paradigm shift in how companies have been using their IP in transactions, reorganizations, and bankruptcy. The pandemic resulted in a surge of IP exploitation strategies centered around preservation of value, access to capital, and bankruptcy proceedings. In the midst of the pandemic, our focus shifted to helping […]











