Introduction The modern security ecosystem is diverse and ever-changing, a place where cyber risk is top of mind for leaders at all levels, and threats to information / data security and privacy evolve at the speed of the technical innovations driving progress. Within this dynamic ecosystem, we are increasingly connected across the globe, where organizations […]
Intellectual Property
Crypto After the Crash: Strategies for Resolving Valuation and Tax Issues in Matrimonial and Other Litigation
Introduction The cryptocurrency market was down approximately 64% for the year 2022, with most of the decline occurring before the FTX collapse. For many, this news may bring a feeling of JOMO (Joy of Missing Out). For practitioners involved with cases involving crypto, however, it just further complicates an already complex subject matter. This article […]
Intellectual Property Issues in Breach of Contract Disputes
An owner of Intellectual Property (IP) can choose to license or transfer the IP it holds. If an owner chooses to license its IP, considerations such as whether the license will be exclusive or non- exclusive, what types of IP will be licensed, which products of the licensee(s) will be covered under the license, the […]
The Art of the Claim Chart
Protecting your company’s intellectual property (IP) is a vital business practice. IP protection ensures that the unique elements of your products and processes are protected and solidifies your standing in the industry. When it comes to patentable technology, patent claims are your first line of defense as they put the world on notice to the […]
Defending Against Competitive Threats: How Reverse Engineering Services Saved this Software Business
In 1992, there was a high-profile U.S. software copyright case involving Nintendo’s NES video game console and cartridges. Reverse engineering services played a big part in the legal proceedings. The backstory goes like this … Nintendo developed a security system for their NES, so that only video games they developed would operate on the NES. […]
AI & IP: Who Profits from Productivity Increases?
Introduction Artificial intelligence (AI) has become a hot topic, and its potential to boost productivity has captured the attention of economists, computer scientists, and managers. A groundbreaking study conducted by economists from Stanford and MIT sheds light on the impact of generative AI (GAI) on worker productivity.1 In this article, I explore the study’s primary […]
Patents as Debt Collateral: Perfecting Security Interests
There will be many lessons to learn and conclusions to be made over the Silicon Valley Bank (SVB) fallout, but what we know is that SVB rapidly grew during the pandemic. In 2021 SVB’s deposits grew from $62 billion to $124 billion, in part due to the fact that SVB offered higher rates on deposits […]
License Comparability Guiding Principles: Two-Pronged Approach for Technical and Economic Comparability
Introduction As part of a damages analysis, when assessing whether a license agreement is comparable for the purposes of a hypothetical negotiation for a reasonable royalty, economic and technical comparability is important to consider. In this post, we posit certain high level guiding principles, focusing on a two pronged approach of technical and economic comparability. […]