IP P®OSPE©TIVE

As patent reform discussions heat up, it is important that intellectual property professionals, inventors, businesses, and academics stay abreast of the issues and have a common forum for sharing points of view.  Apparently, David Kappos and his USPTO team are on top of this, because the USPTO has launched a public blog called the Director's Forum, where David Kappos himself will be publicly addressing its readers with the ongoings of the USPTO.  Transparency is key to the advancement of the IP market, and ... Read More

Oral arguments in the Bilski case began yesterday before the U.S. Supreme Court.  Gathering from the numerous blogs and other sites covering the arguments, it is apparent that the Justices were ready, questioning both sides incessantly on their arguments' weaknesses.  A large question in the minds of the Justices is whether the authors of the 1952 Patent Act contemplated patenting business methods.  The patentability of business methods awaits its fate.  There are numerous blogs with full coverage of the arguments.  See IP Watchdog, ... Read More

President Obama named Victoria A. Espinel the first IP czar, charged with the responsibility of enforcing the nation's intellectual property laws.  The position is a product of the ProIP Act, signed into legislation last year.  Ms. Espinel has served as an advisor on intellectual property issues to the staff of the Senate Judiciary Committee, Senate Finance Committee, House Judiciary Committee and House Ways and Means Committee. More on the appointment and Victoria A. Espinel HERE. Read More

The Global Competitiveness Report from the World Economic Forum has published a ranking of countries for strength of intellectual property laws. The latest report, which is put together after a study of numerous world economic indicators, identifies Singapore as the country with the strongest intellectual property laws, while the United States is ranked 19th.  For the rest of the list, see HERE.  For analysis on the gaps in proof stemming from this survey, see Joff's comments HERE over at the IAM blog. Read More

You've heard the news.  Disney is paying $4 Billion for Marvel's intellectual property portfolio, including 5,000 characters, but the deal will leave a few licensing deals for movies and toys in place without substitution.  According to the the NY Times, "[t]he deal was valued at about $50 a share, a 29 percent premium. On Monday, Marvel shares shot up 25 percent to $48.37."  Some believe the premium paid for the IP is too much.   Nevertheless, there may be implications on the wider M&A market ... Read More

Proof that our economy continues to evolve into a knowledge economy. In the most recent report in a series of 12 released by the International Intellectual Property Alliance (IIPA), it is confirmed that U.S. Copyright Industries continue to add value to the U.S. Economy and GDP, outperforming many other industries. According to the report: " . . . in 2007 the gross consumption expenditures and investments of the entire U.S. federal government (a much broader measure than value added) were $979.3 billion. This figure is only ... Read More

Another Ocean Tomo conference and auction is upon us, and perhaps this one has solicited the most curiosity from IP market outsiders because of the recent sale of the Ocean Tomo transactions practice to ICAP, including its well known auction platform. How will this transaction affect the public perception and success of these auctions? Was the auction platform really a "distressed asset", as many have called it? These will be answered shortly. The turnout for this event, however, should prove that there ... Read More

This morning, the U.S. Supreme Court decided not to review a 2nd Circuit Court of Appeals decision which may allow lower-cost use of DVR services without cable boxes.  Cablevision Systems Corporation allows users to record television shows on Cablevision's central computer servers, instead of on cable boxes in the user's home.  This allows more space for recordings, and eliminates the cost of installing cable boxes to store the recordings.  Cablevisions system was challenged by a number of television networks, who allege that the ... Read More

IP Finance posted a great informational blog today explaining the inherent characteristics of a copyright in the hands of a business, specifically during insolvency.  Some of the references to particular statutes should be disregarded if you are a U.S. reader, but the gist is the same under any copyright law system.  Of interest is the section on Assignment and Sale of copyright licenses.  Read the entire post HERE Read More

Intellectual Asset Management magazine has created the IAM 250, a non-exclusive list of the world's leading intellectual property strategists.  The list includes professional attorneys, accountants, consultants, and other business persons that remain at the frontier of the IP market and the practices that are becoming essential to managing corporate intangible assets.   The list is invitation-only, which requires at least three references and recommendations.  Inclusion consists of a bio in the directory and access to the members-only online discussion board, a community of dialogue ... Read More