Introduction The cryptocurrency market was down approximately 64% for the year 2022, with most of the decline occurring before the FTX collapse. For many, this news may bring a feeling of JOMO (Joy of Missing Out). For practitioners involved with cases involving crypto, however, it just further complicates an already complex subject matter. This article […]
Agreements
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. […]
Intellectual Property Issues in Buy/Sell Agreements
Intellectual property (IP) refers to intangible assets such as patents, trademarks, copyrights, and trade secrets. These assets increasingly represent significant, material value of businesses, and as such, they need to be properly protected and managed in buy/sell agreements. In a buy/sell agreement, the seller is often required to transfer ownership of any IP that is […]
Generative AI Technology Implications in the Intellectual Property Community
A poem about intellectual property: Intellectual property, a treasure so rare A creation of the mind, beyond compare It’s the fruit of our labor, our ideas and thoughts A source of pride and joy, that we dearly sought We pour our hearts and souls into every design And protect our works, with copyright as our […]