Category: Intellectual Property

Federal Circuit Allows Flexibility in Determining Royalty Rate

The US Court of Appeals for the Federal Circuit’s recent decision in Exmark Manufacturing Company  v. Briggs & Stratton Power Products Group, LLC (January 2018) validates that there is no clear-cut method to value a patented invention’s contribution to a larger, multi-component product (aka apportionment).  Specifically, the Federal Circuit stated that “…apportionment can be addressed …

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Permanent link to this article: http://betweenthenumbers.net/2018/04/federal-circuit-allows-flexibility-in-determining-royalty-rate/

Patent Feature Double Count Sinks Damages Calculation

Finjan, Inc. (‘Finjan”) vs. Sophos, Inc. (“Sophos”) is a patent infringement action involving 14 different claims related to six different patents for computer and network security technology.  Many patented products, particularly those involving technology, use more than one patent.  As described in this related article, a damage analyst in this situation will often need to …

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Permanent link to this article: http://betweenthenumbers.net/2016/09/patent-feature-double-count-sinks-damages-calculation/

$26 Million Settlement to Hollywood Filmmakers Over Home Video Royalties

The $26 million settlement between Universal City Studios and a class of Hollywood filmmakers has been tentatively approved.  The filmmakers believed they had been underpaid based on miscalculated royalties associated with profits from home-video sales. Unfortunately underpayment of royalties is all too common and many fail to properly manage their agreements.  One critical tool against …

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Permanent link to this article: http://betweenthenumbers.net/2015/08/26-million-settlement-to-hollywood-filmmakers-over-home-video-royalties/

“Blurred Lines” Infringement Verdict Is In

The copyright infringement case brought by the estate of Marvin Gaye against the popular musicians Robin Thicke, Pharrell Williams, and “T.I”, as well as their respective record companies, was decided by jury verdict on March 10th. The jury awarded the Gaye estate $7.4 million in damages, to be paid by Thicke and Williams, with the …

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Permanent link to this article: http://betweenthenumbers.net/2015/03/blurred-lines-infringement-verdict-is-in/

Internet Real Estate Continues to Evolve with New gTLDs

The Internet Corporation for Assigned Names and Numbers (“ICANN”) announced that over 500 new generic top-level domains (“gTLDs”) have now been introduced into the Internet. The milestone 500th gTLD was .NTT, which represents Nippon Telegraph and Telephone. New domains are rolling out at an average of one per day.  ICANN has described its current process as the “Internet’s …

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Permanent link to this article: http://betweenthenumbers.net/2015/02/internet-real-estate-continues-to-evolve-with-new-gtlds/

Defense Asks Court to Let the Witness Speak!

In a recent patent infringement case, a Rule 30(b)(6) deposition (of the person most knowledgeable or “PMK” of a corporation on defined topics) included over 300 objections by plaintiff’s lawyer.  The defense subsequently argued for additional time to re-depose the PMK, claiming that the large number of objections effectively “ran down the clock” and prevented …

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Permanent link to this article: http://betweenthenumbers.net/2015/01/defense-asks-court-to-let-the-witness-speak/

Don’t Leave a Hole in Your Damages Timeline

The difficulty when calculating damages caused by production cutoffs was aptly demonstrated in TransPerfect Global, Inc. (“TransPerfect”) v. MotionPoint (“MotionPoint Corporation”), a recent case involving language translation patents. The fact that the jury award did not clearly describe the damage measurement adopted or period covered likely left significant damages on the table. During discovery, MotionPoint …

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How Hollywood Sees “The Accountant”

As recently reported by Variety, a new Warner Brothers film will put a face to the role of average mild mannered accountant.  Apparently, he looks like Ben Affleck. Of course, this particular accountant also moonlights as an assassin.  As one might.  And presumably hangs out with Anna Kendrick (role undefined) and Cynthia Addai-Robinson (your run …

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Permanent link to this article: http://betweenthenumbers.net/2015/01/who-hollywood-thinks-should-play-the-accountant/

New Option Available for Accounting for Intangible Assets

The Financial Accounting Standards Board has issued new rules pertaining to accounting by private companies for identifiable intangible assets in a business combination, based on a consensus of the Private Company Council. Accounting Standards Update No. 2014-18, Business Combinations (Topic 805), was issued in December 2014. Under the new rules, an eligible entity is no …

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Permanent link to this article: http://betweenthenumbers.net/2015/01/new-option-available-for-accounting-for-intangible-assets/

New Rules For Patent Royalties?

Royalty arrangements within patent licenses have long been constrained by an almost 50 year old Supreme Court decision in Brulotte v. Thys Co that prevents collection of royalties after a patent has expired. The Justices have now agreed to revisit the precedent set by that often-criticized ruling in a current case, Kimble v. Marvel Enterprises, …

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Permanent link to this article: http://betweenthenumbers.net/2014/12/new-rules-for-patent-royalties/