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AIA creates a new class of trade secrets: best mode

Due diligence in M&A must include a detailed examination of licenses and contracts that illuminate IP ownership

Judge Posner offers prescription for “fixing” the U.S. patent system

WesternGeco LLC v. ION Geophysical Corp.

Court excludes expert’s reasonable royalty analysis because it assumed a “financially catastrophic” deal for the licensor, one that would have eliminated all profits and revenues.

New academic study of patent litigation and cost of capital

What is the difference between typical business valuation and IP valuation?

Brocade Communications Systems, Inc. v. A10 Networks, Inc. (III)

Order on motions in limine and Daubert motions.

Protecting trade secrets is an expensive and arduous task

U.S. Court of Appeals rules the Copyright Royalty Board (CRB) is unconstitutional

IVSC releases new booklet on valuation of intangibles

Real View, LLC v. 20-20 Technologies (I)

Federal district court excludes hypothetical royalty for copyrighted software based on expert’s failure to rely on any comparable licenses or adequately explain their differences from his estimated 35% rate.

A court upholding patent validity does not prevent an opposing ruling from USPTO

BVR creates portal for tech transfer offices’ easy access to licenses and royalty rates

Understanding IP obsolescence

Supreme Court’s Prometheus decision adds significant risk factors to biotech IP valuations

Apple faces more infringement charges in China

Kodak free to proceed with patent auction

Despite internal disagreements and years of debate, it appears the EU patent will be a reality

Qualcomm restructuring illustrates perceived risks in participating in open source projects

Apple, Inc. v. Samsung Electronics Co. (I)

Federal district court precludes defendant’s expert from apportioning damages for infringement of a design patent (as opposed to utility patent) as contrary to the statutory remedy, but denies most Daubert objections against the plaintiff’s expert.

Healthcare act passes US Supreme Court constitutionality test giving birth to a defined biosimilar pathway

USSC in Prometheus has added significant risk factors to biotech IP valuations

Fractus, S.A. v. Samsung Electronics Co.

Court affirms $23 million patent infringement award based on apportionment analysis of the plaintiff’s expert, which relied on internal as well as external documentation of value of patented technology without improperly invoking entire market value of in ...

Federal Court Strikes Portions of Its Own Expert’s Report

Last year, when a federal district judge (William Alsup) couldn’t convince the parties to select (and pay for) an independent expert, he enlisted the court’s powers under Rule 706 FRE to appoint an economics professor to calculate damages.

Patent Damages for ‘Lost Opportunity Value’ Pass Daubert

Court admits expert’s “lost opportunity value analysis” for calculating damages, finding that Georgia-Pacific reasonably royalty damages and lost profits are not exclusive remedies in patent infringement cases.