Patent litigation is a high-stakes arena where the value of intellectual property and the uncertainty surrounding it collide. In October I will be presenting a paper at Northwestern University, which delves into this complex interplay.1 The paper employs an innovative approach to use patent litigation data as a means of exploring patent value and uncertainty […]
Patent
Case Law Update: Timing of Technical Expert Analysis of Non-Infringing Alternatives in Smart Path Connections
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 […]
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 […]
Inside the Healthcare Industry: The Growing Importance of Intellectual Property Valuations
Introduction Intellectual Property (IP) has always been important to healthcare and life sciences companies as they develop new therapies, products, and / or processes. But knowing how to value, manage, and protect their IP is a growing issue as healthcare companies think about their brands, strategic growth initiatives, investments, and how to license data. In […]
A Better Approach to Collaboration Between Technical and Financial Experts in Intellectual Property Litigation
Technology related litigation, e.g., patent infringement and trade secret misappropriation matters, requires an explanation of complex concepts to the judge and jury. The responsibility for such explanations often falls to experts. Technical experts in patent infringement matters describe how elements of the asserted patent claims are (or are not) embodied in the accused product, to […]
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. […]