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Patent infringement lawsuits are on the decline

Although the number of patents granted annually continues to rise, the number of patent infringement lawsuits filed in U.S. district courts has decreased significantly, according to a new study from Marcum.

NVIDIA is the world’s fasting-growing brand, per Brand Finance report

There has been a significant gain in brand value among companies that have heavily invested in artificial intelligence (AI), with NVIDIA now the world’s fastest-growing brand (up 163% to $44.5 billion), according to the “Brand Finance Global 500 2024” report.

AI-generated George Carlin triggers right of publicity lawsuit

A “comedy AI” tool has created an “impersonation” of George Carlin that has triggered a lawsuit by his estate, claiming violations of the late comedian’s right of publicity and copyright, reports Variety.

Trade Secret Damages

Trade secrets are one of the primary forms of intellectual property, along with patents, trademarks, and copyrights. Trade secrets essentially are confidential proprietary information that provide a competitive advantage by not being known or generally available to competitors. As a result, trade secrets are frequently valuable. Unlike patents, trademarks, and copyrights, trade secrets can only be established in court, as the existence of a trade secret is a question of fact to be determined by ...

Global BV News: Global ‘key players’ in valuing intangibles per QYResearch

QYResearch has published an updated research report on the global market for valuation services for intangible assets.

Midwest Energy Emissions Corp. & Mes Inc. v. Arthur J. Gallagher & Co.

In this patent infringement and validity matter, the defendants have moved for exclusion of the plaintiffs’ technical expert, who was proffered to testify as to infringement and invalidity of five patents-in-suit. The court granted in part and denied in part the defendants’ motion, which included five assertions as to why the testimony should be excluded.

Patent Infringement Suit Motion to Exclude Expert Witness

In this patent infringement and validity matter, the defendants have moved for exclusion of the plaintiffs’ technical expert, who was proffered to testify as to infringement and invalidity of five patents-in-suit. The court granted in part and denied in part the defendants’ motion, which included five assertions as to why the testimony should be excluded.

JBrick, LLC v. Chazak Kinder, Inc.

The defendants challenged the testimony of the plaintiff’s damages expert, and the plaintiff challenged the testimony of the defendants’ damages rebuttal expert. The case involved a Lego interpretation model of the Second Beit Hamikdash, or Second Holy Temple, and an alleged infringement of the copyright on this model. The court struck the plaintiff’s expert’s damages of a product related to the Temple Product but allowed testimony of damages on the Temple Product. The court also struck the plaintiff’s expert’s testimony that the plaintiff should be awarded lost profits on the Temple Product plus a disgorgement of the defendants’ profits. Both may not be awarded. The court also struck portions of the defendants’ rebuttal testimony and report.

Daubert Challenges on Experts on Damages Partially Successful

The defendants challenged the testimony of the plaintiff’s damages expert, and the plaintiff challenged the testimony of the defendants’ damages rebuttal expert. The case involved a Lego interpretation model of the Second Beit Hamikdash, or Second Holy Temple, and an alleged infringement of the copyright on this model. The court struck the plaintiff’s expert’s damages of a product related to the Temple Product but allowed testimony of damages on the Temple Product. The court also struck the plaintiff’s expert’s testimony that the plaintiff should be awarded lost profits on the Temple Product plus a disgorgement of the defendants’ profits. Both may not be awarded. The court also struck portions of the defendants’ rebuttal testimony and report.

Celebrity poses and gestures as protected trademarks

Celebrities are famous for being poseurs, but can their body movements be protected as a trademark, subject to damages for infringement?

Bieber sells music rights; what are the value drivers?

Singer Justin Bieber has sold his music rights for around $200 million, according to various reports.

Values of tech brands have nosedived, per new study

Shifting consumer demand patterns and inflation have taken their toll on the world’s most valuable brands, particularly in the tech sector.

Lack of quantifiable damages dooms IP complaint

In a California case concerning intellectual property (IP), the defendant asked the court to dismiss the plaintiff’s complaint alleging violations of the state’s Unfair Competition Law (UCL) and asking for damages.

U.S. District Court Grants in Part and Denies in Part Motions of Dismissal by Company Against Blockchain Researcher

The defendant, CasperLabs LLC, in this trademark dispute in U.S. District Court (California) moved for dismissal of eight causes of action from the plaintiff Vlad Zamfir’s (Zamfir) second amended complaint. The actions dealt primarily with trademark infringement and alleged damages therefrom. The actions also included allegations of fraud and misrepresentation under California law. After analysis of each of the actions, the court granted dismissal of some of the actions and denied dismissal of some of the actions.

Zamfir v. CasperLabs, LLC

The defendant, CasperLabs LLC, in this trademark dispute in U.S. District Court (California) moved for dismissal of eight causes of action from the plaintiff Vlad Zamfir’s (Zamfir) second amended complaint. The actions dealt primarily with trademark infringement and alleged damages therefrom. The actions also included allegations of fraud and misrepresentation under California law. After analysis of each of the actions, the court granted dismissal of some of the actions and denied dismissal of some of the actions.

Latest Inside Look at the ktMINE Royalty Rate Database

“Understand your data” is one of the main tenets of the valuation profession. Brett Schoell gives an up-to-date look at the ktMINE royalty rate database and answers some questions. He is the product lead for ktMINE’s suite of applications, and he supports ktMINE’s transfer pricing and valuation customers.

Paper explores IPP investments in the US

An interesting paper examines the types of intellectual property products (IPP) capital employed by various sectors as measured in the National Income and Product Accounts (NIPAs) by the Bureau of Economic Analysis (BEA).

Expert’s testimony excluded regarding licensing tattoos to video games

In a copyright infringement case in federal court in Ohio, a tattoo artist sued a video game company for depicting NBA players adorned with his copyrighted tattoos.

Calculating Infringement Damages (A BVR Workshop)

In 2019, the AICPA published the latest guide on calculating intellectual property (IP) infringement damages. Chaffe’s IP professionals will discuss a how-to of best practices for valuing IP for infringement purposes, including walking through a case study.

Hayden v. 2k Games, Inc.

The defendants in this case regarding licensing of tattoo designs for a video game moved to exclude the testimony of the plaintiff’s expert regarding a “Market Opinion.” The motion was granted in part and denied in part by the court.

U.S. District Court Excludes Testimony Speculating What Is in People’s Minds and Certain Legal Determinations

The defendants in this case regarding licensing of tattoo designs for a video game moved to exclude the testimony of the plaintiff’s expert regarding a “Market Opinion.” The motion was granted in part and denied in part by the court.

Corona is still the most valuable beer brand, per Brand Finance study

Corona has retained the No. 1 spot on the list of the world’s most valuable beer brands, according to “Beers 50 2022,” an annual report from Brand Finance.

An Actual Brand Valuation Report a Court Rejected as ‘Speculative’

Text (redacted) of a valuation report for the brand name of a local hotel and resort used in a dissenting shareholder case. Can you spot why the court rejected the valuation as being too speculative?

Paper investigates patent valuation methods

A new paper investigates the underlying knowledge structure and the evolution of patent valuation methods under two main topics: quantitative and qualitative.

Keys to Using a Royalty Database

Follow along as we review the detailed processes ktMINE uses in order to mine and curate the public domain into the most robust transactions database on the market. We will discuss ktMINE's data sources, how the information is analyzed, and specific questions a practitioner may need to solve. Anyone who is interested in learning how to leverage a transactions database to execute effective valuations will benefit from attending.

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