This article is the third in a four-part Ocean Tomo Insights series focused on strategies for managing standard essential patent (SEP) portfolios, litigation, and licensing. Each installment addresses a specific stakeholder group including implementers, innovators, outside counsel, and suppliers. The articles explore how understanding SEP related technical analysis and FRAND royalty rates can support proactive risk assessment, strategy, and positioning in SEP disputes In this third article, we examine […]
Intellectual Property
Biotech Blues & The Not-So-Hidden Costs of Prior Art: Lessons in Pharma and Psychedelics
| This article was first published on les Nouvelles, March 2026 edition. In the high-stakes biotechnology and pharmaceutical industries, and in their emerging offshoots like the fast-growing psychedelics space, patents are both a cornerstone of innovation and a potential latent source of risk. At the heart of this dynamic lie prior art and freedom-to-operate […]
Software Reverse Engineering and Dynamic Testing for Evidence of Use
In a previous article, I introduced the three primary approaches for establishing Evidence of Use (EoU) in patent matters involving software and firmware: analysis of publicly available information, device and application testing, and reverse engineering. That piece outlined what each approach involves and when each is most appropriate. This article goes deeper into the software […]
Ocean Tomo Insights Series: Strategies for Standard Essential Patents (Part 2 of 4)
This article is the second in a four-part Ocean Tomo Insights series focused on strategies for managing standard essential patent (SEP) portfolios. Each installment will address a specific stakeholder group — implementers, innovators, outside counsel, and suppliers — and explore how understanding technical standards, SEPs, and technical analysis can support proactive risk assessment, litigation defense, […]
AI Washing and the Imperative for Board Governance
Disclosure: James E. Malackowski serves as Chief Intellectual Property Officer of J.S. Held LLC and as Advisory Board Chair and cofounder of AIQA Global, LLC, which developed the AIQ Score™ methodology referenced in this article. John A. Hudson and J. Scott Womack are Ocean Tomo professionals working in the J.S. Held Office of the CIPO. […]
Embedded Royalties and the Diverted Profits Tax: Insights from the UK and Australian Experience
The Diverted Profits Tax (DPT) continues to attract scrutiny in the United Kingdom and Australia. Created to counter structures perceived to shift taxable profits away from where activities occur, DPT — often dubbed the ‘Google Tax’ — arrived in the UK in 2015 and in Australia in 2017, amid concerns that classic transfer pricing and […]
Ocean Tomo Insights Series: Strategies for Standard Essential Patents (Part 1 of 4)
This article is the first in a four-part Ocean Tomo Insights series focused on strategies of managing standard essential patent (SEP) assertions. Each installment will address a specific stakeholder group — implementers, innovators, outside counsel, and suppliers — and explore how understanding technical standards, SEPs, and technical analysis can support proactive risk assessment, litigation defense, and strategic positioning in SEP disputes. […]
AI as IP™ Framework: A Practical Guide for SMEs to Classify, Protect, and Monetize AI Assets
SME Business Leaders should read this article to: Reframe AI as strategic capital Learn to monetize AI investments Understand IP protections for AI assets Improve investor confidence and valuation Implement a 90-day AI governance plan Legal Advisors should read this article to: Build layered AI IP strategies Draft enforceable AI licensing contracts Guide SMEs on […]