Category: Intellectual Property

25% Reasonable Royalty Rule is Rejected even with no Objection

In Spine Solutions vs. Medtronic Sofamor Danek, Case No. 2:07-02175-JPM-dkv (W.D. Tenn. Nov. 23, 2011), a District Court ordered a new trial on damages based on the Federal Circuit’s ruling in Uniloc USA, Inc. v. Microsoft Corp., 632 F.3d 1292 (Fed. Cir. 2011). In the Uniloc case, the widely-used 25% royalty rule was rejected as …

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Federal Circuit again redefines a reasonable royalty

Lost profits are typically understood to yield higher damages than reasonable royalties, but this is not always the case. Higher reasonable royalty damages most frequently occur when the patent holder (inventor) is not in a position to exploit the invention by manufacturing the product himself. In such event, (i) there are no realistic profits to …

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Dear licensees with audit rights: Time is not your friend.

When major entertainment personalities are on top of their game, it is often hard to foresee a time when funds may not be as abundant.  When that time comes, one might look back and wonder where all the money went.  Or even wonder if they had received all the money they were promised.  Unfortunately, the …

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Permanent link to this article: https://betweenthenumbers.net/2011/08/dear-licensees-with-audit-rights-time-is-not-your-friend/

The Battle of Red

Christian Louboutin, the French footwear designer, is currently battling rival Yves Saint Laurent (“YSL”).  The battle stems over Louboutin’s signature design element on all his shoes, the scarlet red outsole.  Louboutin filed a lawsuit against YSL, which the court recently kicked out.  Louboutin claims that its red sole is a trademark and cannot be used …

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Who owns the Hulk? The legal battle continues…

The heirs of Jack Kirby, creator/co-creator of the Hulk and many other iconic comic book characters who permeate the movie business such as Iron Man, Spider Man, the Avengers, the X-Men and Thor, have been battling Marvel over the basis for Marvel’s copyright to these characters. The main dispute is as to whether the creation …

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Nortel bankruptcy patent auction is biggest technology patent sale ever

Nortel’s patent portfolio was recently auctioned. The final cash price is a surprisingly high $4.5 billion for around 6000 patents and patent applications. The auction process and participants are described in this article. Nortel described the package as: … more than 6,000 patents and patent applications [covering] wireless, wireless 4G, data networking, optical, voice, Internet, …

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House passes patent changes without altering damages in litigation

On June 23, 2011, the House of Representatives approved the renamed Leahy–Smith America Invents Act (H.R. 1249) by a bipartisan vote of 304-117. In March, the Senate passed S. 23, “The America Invents Act,” with larger bipartisan approval. Although there are differences between the House and Senate versions, I suspect that these differences will be …

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Michael Vick and the Duration of Reputational Damage

It wasn’t long ago that Michael Vick was the highest paid player in the NFL and was frequently tapped for high profile endorsement deals with companies such as Nike, Coca-Cola, Kraft and Hasbro.  But when news of his dog fighting activities surfaced, the endorsement deals came to a grinding halt.  A prison sentence and a bankruptcy …

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Steve Jobs’ Key Man Discount

The message boards are abuzz with the news of Steve Jobs’ (possibly) temporary medical leave of absence from Apple.  The obvious question is the impact of this news on Apple’s valuation.  For most large public companies with deep management, this is not an issue.  Relatively speaking, a single person’s importance usually affects only smaller companies, …

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