On January 5, 2023, in the matter of Willis Electric Co., Ltd. v. Polygroup Limited, et al., Judge Wilhelmina M. Wright of the United States District Court for the District of Minnesota denied a motion to exclude expert testimony that relied on a license agreement post-dating the hypothetical negotiation.1 In this matter, Plaintiff Willis Electric […]
Ocean Tomo Team
The Roles of Competition and Geopolitics in Cybersecurity and Cyber-Crime
Recently, the Ocean Tomo Cybersecurity Report was front and center in an interview on the Peggy Smedley Show. During the podcast interview, we were able to dissect a variety of important topics related to industry trends, dynamic threats, capital markets, and intellectual property (IP) in the cybersecurity industry. More specifically, our discussion covered: Paradigm shifts […]
The U.S. Supreme Court Hears Oral Argument Concerning the Standard for Enablement
On March 27, 2023 the U.S. Supreme Court heard oral arguments in Amgen Inc. v. Sanofi and Aventisub LLC (Docket No. 21-757), a patent dispute originally filed by Amgen in late 2014. Amgen contends that Sanofi and Aventisub’s biologic, Praluent®, infringes seven U.S. patents, including U.S. Patent Nos. 8,829,165 (“the ‘165 Patent”) and 8,859,741 (“the […]
Intellectual Property Valuation & Technical Insights: A Path to Successfully Raising Capital
A valuation of intellectual property (IP) may be important when raising capital because it helps to determine the value of a company's most valuable assets – its intangibles. Historically, capital providers would look to the value of a company’s hard assets (such as property, plant, and equipment) to gain comfort before investing in or lending […]
Case Law on the Role of Non-Infringing Alternatives Under a Reasonable Royalty Analysis versus a Lost Profits Analysis
Consideration of non-infringing alternatives may be informative in determining financial damages associated with patent lawsuits under both a reasonable royalty analysis and a lost profits analysis. However, the following case law examples suggest that non-infringing alternatives serve a different role when considered under a royalty analysis compared to consideration under a lost profits analysis. In […]
Calculating Patent Damages: Key Developments and Notable Cases Explored
Joanne Johnson, Senior Director at Ocean Tomo, a part of J.S. Held, will speak on the latest trends and notable court rulings impacting patent financial damages calculation. The presentation is focused on case law setting forth useful guidance and accepted methodologies to avoid pitfalls when opining to patent damages. In recent years, the United States […]
Insights from Ocean Tomo, a part of J.S. Held Chief Economist on Intellectual Property Economics
The Ocean Tomo Intellectual Property Economics™ resource center supports business decision-making focused on creating, managing, and monetizing company intangible assets. By understanding the factors that impact the economics of IP, companies can manage risk and make more informed decisions around whether to develop in-house, in-license, or acquire via M&A technologies important to the commercial success […]
The Importance of a Multi-Disciplinary Team When Analyzing, Valuing, and Transacting Technology and IP-Rich Companies
Historically, the roles of the appraiser, technologist, and investment banker were separate and unrelated functions in the deal-making process. However, as the global economy continues its decades-long transition from asset-heavy manufacturing to an intellectual property (IP) driven knowledge-based economy, the need for collaboration among these roles has become imperative to the comprehensive analysis of corporate […]