Jan 14
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 …
Permanent link to this article: https://betweenthenumbers.net/2015/01/dont-leave-a-hole-in-your-damages-timeline/
Jan 12
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 …
Permanent link to this article: https://betweenthenumbers.net/2015/01/who-hollywood-thinks-should-play-the-accountant/
Jan 04
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 …
Permanent link to this article: https://betweenthenumbers.net/2015/01/new-option-available-for-accounting-for-intangible-assets/
Dec 23
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, …
Permanent link to this article: https://betweenthenumbers.net/2014/12/new-rules-for-patent-royalties/
Jun 18
The Washington Redskins’ trademark registration has been cancelled by the Patent and Trademark Office (“PTO”) after petition by members of the Navajo Nation, Paiute Indian Tribe of Utah, Kiowa Tribe of Oklahoma and Muscogee Nation of Florida. The PTO found that the Redskins’ six registrations were obtained contrary to Section 2(a), 15 U.S.C 1052(a), which …
Permanent link to this article: https://betweenthenumbers.net/2014/06/washington-redskins-trademark-in-flux/
May 15
In the matter of Division Entertainments, LLC and Wicks Walker v. Spring Breakers LLC and Muse Productions, Inc. et al., Mr. Walker asserts that he was denied a return of his investment, along with an additional profit, because of Defendants’ breach of contract via improper business practices and faulty accounting. Mr. Walker, a technology entrepreneur …
Permanent link to this article: https://betweenthenumbers.net/2014/05/spring-break-turns-sour-for-investor/
May 14
A bipartisan bill by U.S. Senators Chris Coons and Orrin Hatch called the Defend Trade Secrets Act was recently introduced to build on the Economic Espionage Act of 1996 and create a federal private right-of-action for theft of corporate trade secrets, providing the same federal protections available for patents, trademarks, and copyrights. The bill’s sponsors estimate …
Permanent link to this article: https://betweenthenumbers.net/2014/05/new-federal-option-to-fight-trade-secret-theft/
Apr 03
In Lexmark Int’l, Inc. v. Static Control Components, Inc., (U.S., No. 12-873, 3/25/14), the U.S. Supreme Court recently determined that a company can assert a false advertising claim against a non-competitor under Section 43(a) of the Lanham Act if it can “show economic or reputational injury flowing directly from the deception wrought by the defendant’s …
Permanent link to this article: https://betweenthenumbers.net/2014/04/non-competitor-can-get-false-advertising-damages/
Mar 25
Protiviti’s 2014 Internal Audit Capabilities and Needs Survey Report queried more than 600 internal audit professionals about the social media risks that threaten their businesses. The five largest are: Financial loss Interrupted business continuity Loss of intellectual property Loss of employee productivity Viruses and malware However, despite this awareness of the risks, many companies are still not adequately …
Permanent link to this article: https://betweenthenumbers.net/2014/03/internal-audits-top-priorities-include-social-media/
Mar 19
The Eastern District of Texas is well known for its intense patent activity and already provides early disclosure of infringement and invalidity contentions to facilitate faster resolution of these cases. The Court has now taken similar action by providing an option for accelerated damage discovery, including requiring a two week turnaround between defendant’s production of …
Permanent link to this article: https://betweenthenumbers.net/2014/03/new-path-for-accelerated-discovery-requires-immediate-expert-assistance/
