Intellectual Property

Using Licensing Agreements to Protect Your IP

An important tool for monetizing your IP is a licensing agreement. When exploring entering into a licensing agreement, it is important to understand how licensing agreements work and the common terms of a licensing agreement. Today’s post highlights what licensing agreements are and some of the common terms included in every licensing agreement.

How do Licensing Agreements work?

A license gives a person or company the ability to use another person or company’s intellectual property rights for commercial purposes. The licensing agreement lays out the terms and conditions under which the licensee (the one receiving the right to use the IP) can use the IP for its benefit. The agreement also lays out the compensation the licensee agrees to pay to the...

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Business Startup

iVLG News Roundup Week 4 2014: Seattle Startups Acquired; Candy Crush and Pinterest’s Trademark Battles Continue; Supreme Court, Congress, and Patents

Seattle Startups Sparq and Scout Acquired; Scout’s Board Sued

The Seattle Times announced Wednesday that “San Franciscans came to Seattle for a football game and left with a couple of startups.”

First, the online marketing startup Sparq was acquired by Yahoo and Sparq said it will discontinue its services. The terms of the deal were not disclosed, but given that Sparq had raised only $1.7 million so far in several small financing rounds, the deal was relatively inexpensive for Yahoo.

Then, the same day, it was announced that San Francisco based revenue management company ServiceSource acquired Seattle area cloud-based analytics company Scout for $32 million in cash. Scout’s celebration of the deal is likely subdued as last week a group of Series A...

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Business Startup

iVLG News Roundup Week 42: Patents, Investors, and Tankers

Patent Wars

Apple Proposes to Pay Google $1 per iPhone Motorola Mobility, a wholly-owned subsidiary of Google, and Apple have been engaged in a messy dispute over patent rights. On Wednesday, Apple formally announced to the court its willingness to pay Motorola for a license to use its standard-essential wireless patents, but only if the per-unit royalty rate does not exceed $1.

Apple declared that if the court sets the FRAND (fair, reasonable, and non-discriminatory) rate at or below $1, then it will take a license and start paying right away. If the court does not set a FRAND rate at or below $1, Apple is prepared to exhaust all of its legal options before it pays Google a penny.

Investor News

New Investor Raises...

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Intellectual Property

Apple Rewarded Handsomely As Jury Finds Samsung Guilty of Infringement

It took less than three days of deliberation, approximately 22 hours, 109 pages of jury instructions, and a verdict form with nearly 700 individual questions for the jury to find Samsung guilty of infringing a number of Apple’s patents. As a result, Apple was awarded $1.05 billion in damages—nearly half of the $2.5 billion Apple requested—which is one of the largest intellectual property awards ever. Furthermore, there is speculation that Apple’s victory will provide the mobile (and computer) giant ample ammunition to launch similar attacks on its remaining mobile-phone rivals.

The jury found that Samsung infringed six out of the seven patents at issue, and that Apple didn’t violate any of Samsung’s five patents at issue in the case.

This outcome will...

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Intellectual Property

Apple-Samsung Trial Goes to Jury; See Each Side’s Proposed Verdict Form

The highly-publicized patent battle between Apple and Samsung will be handed over to the nine person jury this week. This case involves a complicated  battle over intellectual property, including several patents held by both Samsung and Apple.  So, what is required of the jurors?

One of the Wall Street Journal blogs, Digits, published an article with the proposed verdict forms from both Apple and Samsung. You can see Apple’s verdict form here, and Samsung’s verdict form here.

The forms include dozens of questions, with the basic goal of asking jurors to answer “yes” or “no” whether each device infringes a patent. These questions give way to fill-in-the-blank questions that ask for specific dollar amounts that Samsung is entitled to as a result...

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Business Startup

Due Diligence: Questions to Ask Before Purchasing a Business’ Intellectual Property

An often overlooked part of purchasing a business is the transfer of intellectual property rights. Included in these rights is copyrights, trademarks, patents, and other non-disclosure rights. Today’s post details three basic questions you should ask before you purchase a business.

Can the business’ logo be transferred as part of the purchase? There are situations where even if the logo is transferable, you may not want to transfer it. If the logo infringes on the intellectual property rights of another business, you shouldn’t transfer ownership (since you would be liable for the infringement once you own the logo).

Furthermore, the logo may not be transferable if it is being used by the seller under a license agreement that does not allow for...

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Intellectual Property

News Roundup 2012 Week 21: Microsoft battles Google, Facebook IPO Flops, Amazon Shareholder Meeting, SpaceX

International News

Microsoft wins Patent Battle with Google In a battle between two of the largest US companies, round one goes to Microsoft. A German court ruled that Motorola, which was recently taken over by Google, infringed one of Microsoft’s patents which allows long text messages to be divided into smaller parts and reassembled by the receiving mobile phone.

Microsoft can now demand that a German sales ban on Motorola products if it chooses, or it may demand a license fee to be paid by Google for the rights to use the Microsoft patent. Google says it may appeal the decision.

National News

Facebook IPO Flops; Morgan Stanley Hit Hard Facebook’s epic IPO flop has hurt more than the social media giant. Morgan Stanley,...

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