Two Takes on Intellectual Property Rights: Academic vs. Legal

By: Ian McClure

The debate rages on. This is an oral argument with very different closing statements and a hung jury. The case is argued by the plaintiff, "Fair Use", and the defendant, "Don't You Dare Use." It is a vicious cycle: do Intellectual Property Rights encourage innovation or stifle it? The side that dedicates their career to research sees an impediment to new research. The side that dedicates their career to protecting the right to an economic advantage created by innovation sees a means ... Read More

Categories: Copyright Caucus, Patent Prospects

Legal “Safe Harbors” For Bloggers and Other Internet Service Providers

By: Ian McClure

As a blogger myself, unknown legal risks involved in providing content on the internet are always a concern. The growth in internet marketing, social networking, and other uses of the internet for business and collaboration has provoked an new need for legal protection from unwanted or unwise uses of these mediums. For instance, a blogger may control his or her own blog content, but what about the unsolicited comments? Can harrassment, derogatory language, or other unwanted uses of the comments section subject ... Read More

Categories: Copyright Caucus, Trademark Trends

Sixth Circuit: Internal Corporate Restructuring Could Result in Violation of IP License or Infringement

By: Ian McClure

On September 25, 2009, the Sixth Circuit handed down a decision in Cincom Systems, Inc. v. Novelis Corp. regarding the effect of an internal corporate restructuring on an intellectual property license.  Although the court interpreted Ohio merger law, it promulgated broad holdings with regard to (1) the controlling law for the interpretation and assignability of intellectual property licenses, (2) the controlling law for determining whether a merger results in the transfer of an intellectual property license, and (3) the implications of effecting ... Read More

Categories: Copyright Caucus

High-Quality IP = Higher Gross Margins = Higher Stock Price

By: Ian McClure

For publicly traded IP-rich companies, the correlation between the strength of an IP management and protection plan and stock price is obvious. The track record of the OT 300 pitted against the S&P 500 between 2006 and November 2008 shows this clearly.  The OT 300 outperformed the S&P 500 by just over 460 basis points.  We keep talking about the absence of IP value from corporate balance sheets.  It just may be this absence, in fact, that tends to push such IP-rich companies' stocks ... Read More

Categories: Investment Intelligence, Monetizing IP

Director Liability for Mismanagement of IP Assets

By: Ian McClure

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

Categories: Burgeoning Business, Copyright Caucus, Investment Intelligence, Patent Prospects, Portfolio Potential, Trademark Trends