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Experts in IP valuation, infringement damages analysis, and monetization of intangible assets
Experts in IP valuation, infringement damages analysis, and monetization of intangible assets


It is well known that, every day, there are a dozen patent litigation cases filed and that only a very small percentage are prosecuted to an ultimate conclusion at trial. The headlines often focus on the rare billion-dollar verdicts and, consequently, non-specialists cannot have a clear idea of the significance of infringement damages awards and the objective expected net result of this type of litigation.

Thanks to the efforts of the University of Houston Law Center's Institute for Intellectual Property and Information Law, the question of whether or not litigating patent infringement all the way through trial to a jury verdict has been worth the expense of doing so can be answered with facts. The UHLC has been collecting patent law decisions since 2000 (PatStats), and in this post we use the detailed information from 2005 through the first week of this month. Keeping in mind that the average cost of patent infringement litigation through trial is in the range of $2 million, according to the latest data from the American Intellectual Property Law Association (AIPLA), one question we can answer is: Based on actual damages awards in recent years, are prevailing plaintiffs recovering enough to pay the costs of litigation?

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Canada's Business News Network interviewed +Fernando Torres, IPmetrics' Chief Economist today about the value of the R.I.M. patent portfolio. 

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As every April 26, the date when the World Intellectual Property Organization (WIPO) was founded in 1970, the United Nation's member countries celebrate this UN agency's goal: to dedicate its work to the use of intellectual property (patents, copyright, trademarks, designs, etc.) as a means of stimulating innovation and creativity.

For 2012, WIPO is celebrating Visionary Innovators. Behind every great artistic or technological innovation, the agency explains, is a human story "...a tale in which new pathways open as a result of the curiosity, insight or determination of individuals..."

We are all familiar with the iconic symbols of inspiration and innovation nad, this year, are invited to explore the stories behind the phenomenon. For example:
* The Wright Brothers’ boyhood fascination with flight lead to a flying machine and travel by air.
* Louis Pasteur’s inquisitive mind advances the science of disease prevention.
*Tu Youyou’s dogged analysis of herbal remedies results in a malaria treatment that saves millions of lives.

As depicted on the official poster, the list of visionary innovators suggested by WIPO is long, including the many artists, writers and musicians who changed the way we see and hear things: Rembrandt and Turner, Picasso and Kandinski, each reshaping our perceptions of light, shape and form; Chekhov and Tagore, Neruda and Mafouz, their writing giving new insights into the human experience; Charlie Parker and Miles Davis, Hendrix and Rostropovich – musicians who challenge the status-quo, and endure.

Current media and technology being what it is, celebrations around the world are being coordinated through WIPO's dedicated Facebook presence, as well as trackable around the world on Google Maps.

IPmetrics’ founder and president, David Drews, attended the inaugural Global Technology Impact Forum (GTIF) held in Geneva, Switzerland this past January, 2012.
The forum is an event hosted by the Licensing Executives Society International (LESI) that is dedicated to the promotion of intellectual property (IP) licensing and technology transfer.
The efforts of GTIF are designed to help spur economic growth and societal benefit in general. Discussion topics at the forum included:
IP valuation and accounting standards
The development of a global IP marketplace, and
Methods for implementing the transfer of IP and technology to developing nations to foster economic development and sustainability.
To accomplish these goals, GTIF reached out to leading organizations dedicated to advancing the business of IP globally in order to foster communication and cooperation. The strategic partners of GTIF are the World Trade Organization, the World Intellectual Property Organization, the International Chamber of Commerce and the Center for Applied Innovation.
The forum was held in conjunction with the Invent For Humanity conference, which provided the opportunity to help or finance 14 separate campaigns designed to introduce life-changing technology in developing nations.
The campaigns featured technology that can be implemented without specialized training, is repairable using locally available resources, can be extendable within the local region, and only require commonly used power sources, among other constraints.
As part of the discussion on IP valuation and accounting standards during the GTIF, Mr. Drews presented the results of a survey conducted by the LESI IP Valuation Committee regarding the IP valuation methodologies and techniques currently employed by LES national society members.
An article discussing the survey results will be available later this year via a special publication of les Nouvelles, the journal of LESI.

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Key Factors of Infringement Damages Apportionment in the Java & Android Case

In the most recent ruling in the landmark patent and copyright infringement action involving Java and Android, Oracle America, Inc. v. Google Inc., 3-10-cv-03561 (Dec. 6, 2011), the Judge tentatively sided with the Defendants in precluding a claim-by-claim apportionment of infringement damages after the Plaintiff’s expert had testified to a patent-by-patent analysis...

The ruling, although tentative, highlights key problems in arriving at a suitable measure of damages in IP infringement of software:

(a) Discerning between copyright and patent claims;
(b) Apportioning value among patents intertwined in a single software product;
(c) Differentiating the value of individual claims within a patent; and
(d) Allocating revenue derived from convoyed sales when distributing Free or Open Source Software.

The case, of course, is far from resolved, but along the way it is bringing attention to a very controversial and largely unexplored area of Intellectual Property Damages.

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The California-based consultancy specialized in the valuation and monetization of intellectual property, announced today the expansion of their offices and the relocation of its San Diego head office. “It is a timely move as the growth of our expert witness and valuation practices continues while the real estate market remains at attractive levels…” expressed Daryl Martin, Managing Principal for IPmetrics.

About IPmetrics
IPmetrics Intellectual Property Consulting ( is a USA based firm specializing on the valuation and monetization of intellectual property and intangible assets, as well as the provision of expert services related to the calculation of economic damages in litigation. Founded in 2000, IPmetrics’ professionals offer leading law firms and corporations a full spectrum of intellectual property services including due diligence audits, licensing strategy analysis, IP portfolio appraisal and transfer pricing studies, to support in royalty rate determination, monetization and IP rights litigation.
IPmetrics' clients value the unique combination of experience and qualifications that support our proven ability to identify key issues, apply the most suitable and sophisticated analytical tools to value and communicate results to clients, advisors, and juries. IPmetrics serves clients throughout North America from its California headquarters and has established partnerships with professionals to support European clients.
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