Update on Bilski and other new IP valuation cases
The Supreme Court opened the door in Bilski v. Kappos to patents of new techniques and processes. But Bilski also paves the way for new challenges to expert witnesses testifying on the value of intellectual properties. Added to obstacles in assessing value, recent case law has also heralded changes for appraisers in indentifying assets, identifying ownership, [...]
Bilksi affirmed, allowing business process patents
In one of the most highly anticipated, long-awaited patent decisions, the U.S. Supreme Court finally decided Bilski v. Kappos yesterday afternoon. The Court held that the Federal Circuit Court’s so-called “machine or transformation” test is not the only test for a patentable process (requiring it to be tied to a particular machine or apparatus, or [...]
Entire Market Value analysis blasted in Red Hat reasonable royalty case
IP Innovation LLC v. Red Hat, Inc., 2010 WL 986620 (E.D. Tex.)(March 2, 2010) The plaintiffs patented a workspace switching feature and then accused the defendants of using it in their operating systems. The plaintiffs retained an expert to calculate damages based on a reasonable royalty rate. (Because the plaintiff does not manufacture or sell [...]
NC opinion supports new intellectual property valuation methods
Early-stage companies have generated a huge amount of litigation, and this is particularly true for start-ups focusing on intellectual property. The value of these untested assets is subject to huge dispute. That’s why a new North Carolina case is so critical, and the decision in the statutory buy-out case hinged on the testimony and [...]
Be wary of tax risks when assessing IP holding companies
When the Talbots Company went public in 1993, it loaned $103 million to a subsidiary to purchase the Talbots trademark and collect royalties, permitting the parent company to shave over $1.1 million from its annual state tax bill. But the holding company returned over 96% of royalties to its parent—and in Talbots v. Mass. Comm’r [...]
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