Technology related litigation, e.g., patent infringement and trade secret misappropriation matters, requires an explanation of complex concepts to the judge and jury. The responsibility for such explanations often falls to experts. Technical experts in patent infringement matters describe how elements of the asserted patent claims are (or are not) embodied in the accused product, to […]
Litigation
Intellectual Property Issues in Breach of Contract Disputes
An owner of Intellectual Property (IP) can choose to license or transfer the IP it holds. If an owner chooses to license its IP, considerations such as whether the license will be exclusive or non- exclusive, what types of IP will be licensed, which products of the licensee(s) will be covered under the license, the […]
Defending Against Competitive Threats: How Reverse Engineering Services Saved this Software Business
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. […]
Recent Rulings Suggest Damages Experts Have Discretion in Considering License Agreements Post-Dating a Hypothetical Negotiation
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 […]
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 […]
Ocean Tomo, a part of J.S. Held, Releases Cybersecurity Industry Report
Ocean Tomo, a part of J.S. Held, releases its Cybersecurity Industry Report, which provides a comprehensive look at current industry trends and deal activity in the Cybersecurity space and reveals how intellectual property (IP) litigation and a nascent appetite for technology licensing are driving this relatively young but rapidly growing industry. The increasing number and […]
Intellectual Property as a Non-Correlated Investment
Over the last 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 the risk brought on by this volatile market. Should investors turn to precious metals? Real estate? Emerging markets? There […]
Increasing Efficiency of SEP Licensing in the IoT Space through Transparency and Collaboration
There has been much discussion recently around standard essential patent (SEP) licensing as it applies to the internet of things (IoT) space. Most thought leaders agree that given the vast number of IoT verticals emerging over the coming decades, there will not be a one size fits all model for licensing. Indeed, predictions are that […]