On September 16, 2011, President Barack Obama signed the Leahy-Smith America Invents Act (AIA). This act resembles the Patent Reform Act of 2009, which died in the Senate, and marked the first major change to the U.S. patent system since 1952. Notably, the AIA implemented the “first inventor-to-file” system. Effective as of March 16, 2013, the U.S. patent system was switched from a “first-to-invent” to a “first inventor-to-file” patent system. This system harmonizes the U.S.
The global landscape of intellectual property (IP) is highly complex and difficult to navigate. The ability of IP holders to obtain, retain, exploit, and enforce their IP rights can vary substantially from one country to another. The quality of a country’s IP environment is measured both by the existence of relevant IP policy and regulation and the successful application of that policy or regulation. With some exceptions, the majority of high-GDP countries have strong national IP regimes in place.
Individuals and companies are interested in the value of intellectual property (“IP”) for a variety of purposes, such as sale/license transactions, raising capital, company valuation, litigation, internal IP management, and financial reporting, to name a few. The value of IP depends upon several factors including how it will be utilized, the time required to generate returns, the magnitude of those returns, and the risks involved.
Over the past five years, the intellectual property market has undergone significant transformation. A myriad of legal, business, and political changes witnessed by all of us have presented both new challenges and opportunities. In my new position as Managing Director of Transactions for Ocean Tomo, I find myself surrounded by colleagues each with a cutting edge, and in some ways, proprietary understanding of intellectual property assets.
As the value of corporations continues to shift from tangible assets to intangibles such as patents, copyrights, trademarks and customer contracts, an increasing number of bankruptcies and corporate restructurings involve intellectual property (IP) matters. Due to this increase in disputes related to IP rights and value, the potential risk exposure for all creditors of improper or delayed perfection of security interests in intangible assets has increased in tandem.
Michael Friedman, Managing Director of our Investments practice will be speaking at the IP Monetization Conference on May 15, 2014 in Plano, Texas. The conference will focus on practical ways in which the law and government policies affect monetization.
Ocean Tomo hosted a panel discussion on Consumer Surveys in Patent Litigation last week in Houston, Texas. Our panel of experts representing the bench included District Court Judge Lee Yeakel, WD of TX and Former Magistrate Judge and current partner at Akin Gump, Chad Everingham. Dr. Kent Van Liere from Duff & Phelps represented the survey expert perspective while Shirley Webster and Justin Lewis, from Ocean Tomo, represented the damage expert perspective. The audience consisted of litigation partners from 19 leading IP firms in Texas.
Today we released the April 2014 Industry reports covering the Financials and Information Technology sectors prepared by insight driven from the Ocean Tomo Ratings™ system.
I am always looking for signs that the anti-assertion pendulum is swinging back.
The first material evidence came last year when the US Trade Representative, acting on behalf of the Obama administration, upheld the ITC’s exclusion order against Samsung due to the fact that Samsung, in its capacity as potential licensee of certain AAPL patents, failed to negotiate in good faith, i.e., “held out.”
Ocean Tomo supported Cengage Learning’s plan of reorganization by serving as the lead valuation advisor to the debtors with regards to valuing certain copyrights that were part of the debtors’ estate.