This past year has been full of important patent cases before the US Supreme Court (SCOTUS), the Court of Appeals for the Federal Circuit (CAFC), and the Supreme Court of China. In 2022, several noteworthy case decisions are expected from the US court system, along with changes in personnel at the US Patent and Trademark […]
Uncategorized
The Beach Boys’ Masterclass in IP Monetization
The surviving members of the Beach Boys are feeling good vibrations after the group sold a controlling interest in the band’s intellectual property (IP) to Iconic Artist Group (IAG), a brand development and marketing company run by music industry magnate Irving Azoff. The sale included not only the band’s master recordings and publishing rights, but […]
The FTC and ITC – Protecting America’s Industry
It has become more fashionable, and importantly more profitable, for a company to promote “Made in America.” After all, consumers perceptions of the Made in America mark (or similar marks) drive product preference and afford a price premium as “American Made” is perceived to offer higher quality. Research from Consumer Reports and Standard Textile indicates: […]
Intellectual Property as a Non-Correlated Investment
Since the start of the year, market-wide uncertainty has swelled to levels not seen for over a decade. Market fluctuations now have investors increasingly searching for non-correlated returns across all asset classes in an effort to diversify away risk brought on by this volatile market. Should investors turn to precious metals? Real estate? Emerging markets? […]
Virtual Trials and Remote Witnesses; Lessons from Recent Patent Trials
Given social distancing requirements and other pandemic related issues, jury trials have been largely discontinued. While most bench trials were also delayed, some courts have started holding remote, aka “virtual,” bench trials. Although not all that different from an in-person trial, virtual trials do have several defining features. Since the start of the current pandemic, […]
Ocean Tomo Juneteenth Celebration
At Ocean Tomo we are committed to supporting our team members, communities, and acknowledging our affirmative responsibility to help create lasting change. Our past and existing diversity initiatives reflect this mission. Personally, I have had the opportunity to educate myself in support of minority communities through my work as an advisor to The History Makers, a […]
Uncertainty in Awarding Defendant’s Profits in Lanham Act Cases after Romag
Ocean Tomo director Alexander Clemons along with Ocean Tomo Managing Director Cate Elsten, recently authored an article that was published in Landslide, the bi-monthly magazine of the American Bar Association, Intellectual Property Law (ABA-IPL) section. Their article “Uncertainty in Awarding Defendant’s Profits in Langham Act Cases after Romag”, appeared in the May/June issue and is […]
Accelerating Economic Inversion in the Post COVID-19 Economy
For more than a decade Ocean Tomo has published studies documenting the growth of intangible asset value as the major component of S&P 500 market capitalization. A quarter century of data indicate that the United States has transitioned from a tangible-to-an-intangible economy – a literal economic inversion or innovation revolution no less significant than the […]