In 1992, there was a high-profile U.S. software copyright case involving Nintendo’s NES video game console and cartridges. Reverse engineering services played a big part in the legal proceedings. The backstory goes like this … Nintendo developed a security system for their NES, so that only video games they developed would operate on the NES. […]
Ocean Tomo Team
AI & IP: Who Profits from Productivity Increases?
Introduction Artificial intelligence (AI) has become a hot topic, and its potential to boost productivity has captured the attention of economists, computer scientists, and managers. A groundbreaking study conducted by economists from Stanford and MIT sheds light on the impact of generative AI (GAI) on worker productivity.1 In this article, I explore the study’s primary […]
Patents as Debt Collateral: Perfecting Security Interests
There will be many lessons to learn and conclusions to be made over the Silicon Valley Bank (SVB) fallout, but what we know is that SVB rapidly grew during the pandemic. In 2021 SVB’s deposits grew from $62 billion to $124 billion, in part due to the fact that SVB offered higher rates on deposits […]
License Comparability Guiding Principles: Two-Pronged Approach for Technical and Economic Comparability
Introduction As part of a damages analysis, when assessing whether a license agreement is comparable for the purposes of a hypothetical negotiation for a reasonable royalty, economic and technical comparability is important to consider. In this post, we posit certain high level guiding principles, focusing on a two pronged approach of technical and economic comparability. […]
Platform Technologies to Support Commercialization Among Diverse Communities
Lisa Cook, Professor of Economics & International Relations at Michigan State University, commented on a recent study conducted at Harvard University regarding the demographic data of inventors in America. Cook stated that, “throughout history, women and underrepresented minorities have not been able to participate fully in each stage of the innovation process.” Following the study, […]
The U.S. Supreme Court Rules on Case Concerning the Standard for Enablement
On May 18, 2023, the U.S. Supreme Court issued a unanimous opinion in the case of Amgen Inc. v. Sanofi and Aventisub LLC (Docket No. 21-757), holding that two U.S. patents owned by Amgen failed to satisfy the enablement requirement of 35 U.S.C. §112(a). The Court’s ruling upheld the opinion of the Federal Circuit. U.S. […]
Factors Influencing the Legal Quality of Patents
As I mentioned in a previous blog post, different aspects of patent quality are affected by different actors in the patent system. Improving patent quality requires careful examination of the various policy levers available to different actors. For instance, the US Patent and Trademark Office (USPTO) is bound by the statutes set forth by Congress. […]
Exploring the Policy Levers that Impact Patent Quality
During my tenure at the US Patent and Trademark Office, the agency engaged in its Enhanced Patent Quality Initiative. To effectively improve patent quality, it was important to understand the various policy “levers” that might influence quality (and of course to understand what we mean by quality, as I discussed here). What levers are available […]