Mar 31, 2009
I returned from the Ocean Tomo Spring 2009 Conference and Auction in San Francisco with a head full of questions about the status of the market. The market continues to grow, and that is a fact evidenced by the number of professionals and market participants that attended the conference. Nevermind the dismal auction results, which will be the subject of another post, the conference itself and the overall optimistic and enthusiastic mood of discussion that buzzed through the rooms and halls of ... Read More
Mar 24, 2009
As a corporate law practitioner, an interesting IP question that pops up with more regularity is whether and under what circumstances a director of a corporation may be held personally liable for mismanagement of intellectual property. This question is usually not posed with reference to conflict of interest possibilities, but instead with regard to the duty of care and its implications on maintaining complete information and making sound decisions with regard to that IP. Of course, many board members don't completely understand the ins ... Read More
Mar 18, 2009
A few months ago a post on Joff Wild's IAM blog sparked a great debate about the valuation of IP, the difference in valuation contexts, and the viability of a practical approach. Jumping into the discussion late, Michael Martin of Broken Symmetry posted a "final word" comment on Wild's post and on Broken Symmetry. A few of his words moved me to revisit the IP valuation discussion on IP Prospective with a few of the standard-setting initiatives that have commenced, old and new.
One of ... Read More
Mar 11, 2009
March 26-27 - Ocean Tomo commences its IP Markets 2009 campaign with their Spring IP Auction at the Ritz in San Francisco. This auction is important for Ocean Tomo, as they have recently undergone a restructuring, and rumor has it that their Summer and Fall auctions could be postponed due to the economic climate and its possible impact on pricing. The conference begeins on Thursday, with three panel tracks covering IP in M&A, Buying & Selling IP, and Greentech IP and Investing. ... Read More
Feb 23, 2009
Headlines of late have concerned themselves with competition, or the lack thereof, created by certain adopted business methods or maneuvers. With the inauguration of a new President came a proposed tougher stance on antitrust issues. Obama appointed Christine A. Varney to head the Justice Department's antitrust division in a move that was meant to send a warning signal that the new administration was cracking down on companies vying for monopoly market positions.
Google is not new to the monopoly discussion. Varney has already ... Read More
Feb 16, 2009
Last week, a landmark decision in a Patent Court in England finally broke ground for employee inventors in the UK trying to receive royalties for their inventions' added value. The case, Kelly and Chiu v GE Healthcare Ltd [2009] EWHC 181 (Pat), enforced provisions of UK patent law that had been introduced over thirty years ago and amended recently to add teeth. Specifically, the provision provides for employee inventors to receive compensation for a patent's added benefit to corporate value. As IPKat reports, the decision ... Read More
Feb 9, 2009
An investment banker friend sent me a very interesting blog post from Broken Symmetry. It creatively considers an historical analogy, at the intersect of business method and creative process, between 15th Century Venice and modern day Silicon Valley. The piece goes on to discuss comparisons between the two, such as their isolated position from other major metropolitan centers (Florence and Rome, LA and New York), or their aspiring classes of artisans and entrepreneurs. There also exists a parallel between the investors of both ... Read More
Jan 26, 2009
The success of "patent trolls" has been the root of a new anti-patent troll model implemented to defeat the patent troll movement and instill value in precious IP. RPX, a San Francisco-based start-up, is a "defensive IP aggregator". It is a firm that buys up free-market patents in an effort to safeguard tech companies from expensive patent lawsuits. The firm sells memberships to companies based on the company's operating income, and then turns around and buys patents on the market that relate, ... Read More
Jan 24, 2009
A somewhat recent phenomenon in the patent arena is the creation of "patent pools", where a number of dynamic companies with different agendas throw their patents onto a single licensing platform making their patents available under common terms. In effect, a company's IP is available to pool members, but barriers to enter the market are effectively erected, causing more prospective competitors to license from the patent pool. Therefore, even when a company's specific patent is not needed, it reaps the benefit. These ... Read More
Jan 20, 2009
Today's Inauguration of the 44th President, Barack Obama, holds heavy implications on every American political policy, including our domestic and foreign patent policies. The President is charged with the responsibility of appointing a Director of the PTO, who's leadership could reflect a resurgence of innovation preeminence for the U.S. Also, Federal Circuit openings must be filled by the President over the next 4 years, and knowledgeable appointees will be a crucial element to a regained preeminence.
The PTO and the Federal Circuit have, at ... Read More
Ian McClure is a former corporate & securities and intellectual property law attorney with 
Trevor M. Blum is a former Associate in the Chicago-based, valuation practice group of Ocean Tomo, LLC., an intellectual property (IP) consultancy. Additionally, he provided instrumental research support to Intellectual Property Exchange International, Inc., an IP exchange start-up. Trevor holds a B.S. from Indiana University and is currently an MBA candidate at the University of Cambridge, focusing on international business and finance. His interests also include entrepreneurship, economics, and informational visualization. He enjoys running and cycling in his free time. Trevor seeks to bring a transnational business perspective to the blog. 