This article describes a model for a hypothetical licensing negotiation for determining a reasonable royalty according to 35 U.S.C. § 284 as interpreted by Georgia-Pacific Corp. v. United States Plywood Corp. It connects the fifteen Georgia-Pacific factors to game-theoretic bargaining solutions and microeconomic market models. The result is a comprehensive framework for a systematic reasonable royalty analysis.
Patents are powerful weapons in a company's legal arsenal, with both defensive and offensive capabilities. Patents protect a company's innovation from potential infringers, while at the same time support the company's efforts to exploit their innovation commercially in the global marketplace. This book explores the role of patents in today's knowledge economy. We discuss how patents have become a valuable commodity and have a lucrative market of their own. However, to profit from patent monetization, this Patent market must be closely linked to the R&D market and the Product Market.This book offers a systematic approach to patent deployment to maximize profits beginning with data collection from patent, journal and business sources. Readers will be guided through analyses of the patent landscape to identify traps and opportunities for commercialization. This book argues that patents must be aggregated into portfolios to maximize their effectiveness and value in the modern economy. With strong patent portfolios, companies can be engaged in licensing and more sophisticated business models like forming patent alliances and collaborating with IP intermediaries. Finally, the book will provide an overview of the various ways of valuing patents and suggest some simplified approaches for management to value the company's patents.
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Striking a proper balance between unilateral exercise of intellectual property rights on the one hand and competition rules on the other hand is not an easy exercise. The right owners’ unilateral behaviour of refusal to license is one such delicate issue, particularly for China, considering that it has not been clarif ied within existing competition rules how to assess a right owner’s specif ic unilateral practices. In a series of cases, the EU courts have established the exceptional circumstances in which the right owners’ refusal conduct might be considered as an infringement of EU competition rules. In general, Chinese competition law has been modelled after the EU competition rules. This book firstly examines the EU approaches on dominant undertakings’ refusal to license intellectual property rights and the follow-on pricing issue, and then explores to what extent the EU model could contribute to China’s anti-monopoly practice.
"The LESI Guide to Licensing Best Practices, to which I was proud to contribute, has found solid acceptance in the international licensing community. The new volume of Licensing Best Practices maintains this high standard. It was designed to be complementary to its predecessor and broadens the scope of the scholarship. Standing alone, Licensing Best Practices is a valuable source of contemporary information. In combination with The LESI Guide to Licensing Best Practices, we have a very valuable source of insights and practical knowledge." —Heinz Goddar Partner Boehmert & Boehmert "Few if any other intellectual property references lay the required geographic foundation for the scientific, business, and legal issues presented. Goldscheider and Gordon demonstrate that tech transfer occurs in a global arena. The book lives up to its title: Licensing Best Practices." —James E. Malackowski President & CEO, Ocean Tomo, LLC past president, LES-USA & Canada An invaluable complement to the field's acclaimed book on licensing best practices Spanning the globe, from Scandinavia to Japan and Mexico to Korea, Licensing Best Practices provides a comprehensive and user-friendly resource for professionals in licensing and technology management. Featuring contributions from some of the most highly regarded LESI professionals, this definitive guide includes detailed discussions on some of the hottest topics in licensing, including: Licensing and Technology Transfer to China Software Licensing as a Driver of the Indian Economy Secrets of Successful Dealmaking in Asia Licensing in Scandinavia-Home of Entrepreneurial Inventors, Industrialists, and Philanthropists Global Innovation and Licensing Opportunities on the Internet Energy and Environment Driving Technology and Licensing Licensing Nanotechnology Assuring Royalty Compliance in High Technology Licensing Intellectual Property Allocation Strategies in Joint Ventures Applications of Game Theory to IP Royalty Negotiations
A comprehensive resource for anyone involved in intellectualproperty litigation With Intellectual Property Damages you'll get the basics of theintellectual property litigation process, the essential "rules" inpostulating damages theories, the basics of IP law, the economicpolicies that are the foundation for much of IP litigation, theskills necessary to correctly calculate damages in IP cases--andmore! Order your copy today!
A comprehensive reference for valuation of intangible assets Intellectual Property, Valuation, Exploitation, and Infringement Damages provides in-depth, up-to-date guidance about the valuation of intangible assets. Covering patents, trademarks, copyrights, trade secrets, and more, this book describes the standards, best practices, and case law relating to valuation, licensing, and infringement damages. Intellectual property strategies are examined from a business economic standpoint, and analytical models are provided to streamline the calculation of valuations, licensing royalty rates, and fair equity splits in joint venture arrangements. Designed to ease the task of attaching monetary value to intangible assets, this invaluable reference includes extensive practical guidance including sample royalty rate information, diffusion sales forecasting models, detailed treatment of investment rate of return, and the valuation of early-stage technology. Intellectual property is rapidly becoming a major profit center for an increasing number of companies, who may invest billions of dollars in development of an irreplaceable asset. This book provides an authoritative reference for exploiting this property to its fullest extent, and quantifying its actual economic value. Now that intangible assets are becoming the cornerstones of corporations, applying a logical, analytical approach to valuation has become more important than ever. Intellectual Property, Valuation, Exploitation, and Infringement Damages provides expert guidance for each stage of the asset's life cycle, with recommended procedures and strategies grounded in case law and real-world practice.
