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March 2019 Archives

By the numbers: A shifting intellectual property market

The Licensing Executives Society, Inc., recently released the results of the LES High Tech Sector Royalty Rates & Deal Terms Survey. This survey covers the ever-changing world of intellectual property licensing and patents. Data from the survey digs much deeper than what can be found through public sources. Information from this survey and the past two LES surveys gives us a closer look at what is happening over time to the licensing market from 2008 to 2017.

Patent thickets: an IP reality posing unique challenges

Road Runner cartoon fans know that if Wile E. Coyote pulls out a bucket of glue to capture the elusive bird, things are not going to go well. Whatever happens, the nature of the sticky situation is one that will mean trouble for the canine and elicit laughs from viewers.

'Must have' argument fails to fly in Apple IPR appeal

A common element of patent challenges these days through inter partes review (IPR) is the claim that a patent shouldn't have been granted in the first place because of obviousness due to prior art. This is a claim that Apple attempted to use in responding to allegations that it had infringed on a patent held by PersonalWeb Technologies, LLC. Apple's argument succeeded in IPR before the Patent Trial and Appeal Board (PTAB). However, PersonalWeb won on appeal.

The right NDA is the one that best meets your needs

Nondisclosure agreements (NDAs) are part and parcel of effective intellectual property management. What elements an NDA should include depends on your intent. To be sure you meet your specific needs, you should consult an experienced IP attorney.

A look at arbitration's role in resolving patent disputes

Few would argue the U.S. legal system is perfect. It is what we have and it is up to us to manage it in ways that achieve optimal justice. In recent years, the concept of arbitration has taken root. The idea being that by removing disputes from courts, resolution becomes more efficient and less costly.

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