Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Risk Modeling, Not Patent Mining: Identifying the Best Patents for Licensing

By Arthur M. Nutter

Patent value increases when positive cash flow can be attributed directly to it. Ideal patents for licensing are those already being used (or, perhaps, abused) by others. Unfortunately, identifying unauthorized patent use can be like finding a needle in the proverbial haystack. Random patent mining by bibliometric methods is an extremely inefficient method of identifying licensing candidates ' but many patent owners continue to use such methods out of habit.

A less expensive, less haphazard method relies on risk modeling done much the same way as Wall Street analysts price derivative products or actuaries determine insurance premiums. Increasingly, patent and other IP owners are relying on the experience of technical experts, such as engineers, scientists, programmers and others experienced in a particular area of art and product development to assess the “real world” strength of their proprietary rights and the revenue generating potential of their intangible assets.

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.