New, Views and Muse

Why searching SIC codes for reasonable royalty rates can throw you off the track

IP Value Wire found another example of SIC misclassification. Advanced Sports Technologies Inc. is classified as SIC 3949, Sporting and Athletic Goods.  However, their industry is Medical, and one of their chief IP properties relates to detection and location of coronary and heart disease. This is why BVR instructs ktMINE users to trust the Industry criterion … not SIC numbers.

Is this how to avoid potential treble damages in an infringement defense?

The Rob Pegoraro reported in the Disruptive Competition Project on interviews he had with Washington-area start-ups, inquiring about their approaches to patents. Hidden in the article is a throw-away, hearsay clause that may reveal a key big-company patent strategy:

“… at a prior employer, [XXX], he said the lawyers told staffers not to read competitors’ patents, lest they be held responsible for knowing infringement.”

Does this work? Avoid the potential treble damages that come with willful infringement through practiced ignorance.

"Game of Thrones" licensed to Zynga

Zynga has partnered up with game developer Disruptor Beam to publish the developer’s Game of Thrones Ascent social game.  Zynga will be publishing the game both through Facebook and through its official website in order to market it to its user base of over 250 million people. The game is an extension of the popular Game of Thrones series on HBO, and will allow you to create a character to fight for one of the Great Houses.

Experts explain personal goodwill

Goodwill is the appraiser's oldest friend, most tenacious foil, and the most loyal companion throughout the valuation process. Apart from knowing how to account for it, the appraiser must also know how to apportion it, for it comes in different forms. In a newly announced, self-study offering, expert appraisers James Alerding and Stacy Collins delineate the many considerations in personal goodwill apportionment:

• What is personal goodwill?
  • Factors in implementing personal goodwill in cases
  • Personal goodwill isn't just for divorce litigation
• Personal goodwill in the context of general valuation principles
• How personal is personal goodwill?
  • Entity goodwill
  • "Pure" personal goodwill
  • Transferable personal goodwill
• How does the standard of value impact personal and entity goodwill?
• What is the impact of a covenant-not-to-compete
• Personal goodwill in commercial business
• Personal goodwill and a lack of control