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Fracking Patents: the Mee Rgence of Patents As Information-Containment Tools in Shale Drilling Daniel R
Michigan Telecommunications and Technology Law Review Volume 19 | Issue 2 2013 Fracking Patents: The meE rgence of Patents as Information-Containment Tools in Shale Drilling Daniel R. Cahoy Pennsylvania State University Joel Gehman University of Alberta Zhen Lei Pennsylvania State University Follow this and additional works at: http://repository.law.umich.edu/mttlr Part of the Environmental Law Commons, Intellectual Property Law Commons, and the Oil, Gas, and Mineral Law Commons Recommended Citation Daniel R. Cahoy, Joel Gehman & Zhen Lei, Fracking Patents: The Emergence of Patents as Information-Containment Tools in Shale Drilling, 19 Mich. Telecomm. & Tech. L. Rev. 279 (2013). Available at: http://repository.law.umich.edu/mttlr/vol19/iss2/2 This Article is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Telecommunications and Technology Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. FRACKING PATENTS: THE EMERGENCE OF PATENTS AS INFORMATION-CONTAINMENT TOOLS IN SHALE DRILLING Daniel R. Cahoy* Joel Gehman** Zhen Lei*** Cite as: Daniel R. Cahoy, Joel Gehman & Zhen Lei, Fracking Patents: The Emergence of Patents as Information-Containment Tools in Shale Drilling, 19 MICH. TELECOMM. & TECH. L. REv 279 (2013), available at http://www.mttlr.org/volnineteen/cahoy.pdf The advantages of new sources of energy must be weighed against en- vironmental, health, and safety concerns related to new production technology. The rapid development of unconventional oil and gas fields, such as the Barnett and Marcellus Shales, provide an excellent context for these contrasting goals. -
Augmenting Your IP Portfolio Is Virtually the Only Way to Compete in AR/VR
The GLOBAL REACH, LOCAL KNOWLEDGE www.patentlawyermagazine.com May / June 2021 Augmenting your IP portfolio is virtually the only way to compete in AR/VR TH AM U ER O I S C A Law firm RANKINGS Finnegan, Henderson, Farabow, Garrett & Dunner, LLP experts Christopher Howes, Zachery Olah, Forrest Jones, and Karthik Kumar, discuss the developments in the augmented and virtual reality sphere with advice for protecting innovation. Ismat Levin, Automated Inde niteness Synamedia patent analysis Page 60 Page 12 Page 24 Front cover_TPL54_v3.indd 1 22/06/2021 16:22 EDITOR’S WELCOME The May / June 2021 GLOBAL REACH, LOCAL KNOWLEDGE www.patentlawyermagazine.com Augmenting your IP portfolio is virtually the only way to compete in AR/VR Editor’s H AM UT ER O IC S A Law firm RANKINGS welcome Finnegan, Henderson, Farabow, Garrett & Dunner, LLP experts Christopher Howes, Zachery Olah, Forrest Jones, and Karthik Kumar, discuss the developments in the augmented and virtual reality sphere with advice for protecting innovation. IndeĀ niteness Automated Page 60 Ismat Levin, patent analysis Synamedia Page 24 ith the global circumstances of the past year limiting our Page 12 activities, it is no surprise that virtual realty has become a 22/06/2021 16:22 greater focus than ever. As consumers, we have technology d 1 W at our fingertips that was mere science fiction only a few decades ago. THE PATENT LAWYER So, what can we expect of the future of augmented and virtual reality, Issue 54 and how can that innovation be protected? Finnegan, Jederson, Farabow, Garrett & Dunner, LLP discuss in our cover story this issue. -
THE DEFENSIVE PATENT PLAYBOOK James M
THE DEFENSIVE PATENT PLAYBOOK James M. Rice† Billionaire entrepreneur Naveen Jain wrote that “[s]uccess doesn’t necessarily come from breakthrough innovation but from flawless execution. A great strategy alone won’t win a game or a battle; the win comes from basic blocking and tackling.”1 Companies with innovative ideas must execute patent strategies effectively to navigate the current patent landscape. But in order to develop a defensive strategy, practitioners must appreciate the development of the defensive patent playbook. Article 1, Section 8, Clause 8 of the U.S. Constitution grants Congress the power to “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”2 Congress attempts to promote technological progress by granting patent rights to inventors. Under the utilitarian theory of patent law, patent rights create economic incentives for inventors by providing exclusivity in exchange for public disclosure of technology.3 The exclusive right to make, use, import, and sell a technology incentivizes innovation by enabling inventors to recoup the costs of development and secure profits in the market.4 Despite the conventional theory, in the 1980s and early 1990s, numerous technology companies viewed patents as unnecessary and chose not to file for patents.5 In 1990, Microsoft had seven utility patents.6 Cisco © 2015 James M. Rice. † J.D. Candidate, 2016, University of California, Berkeley, School of Law. 1. Naveen Jain, 10 Secrets of Becoming a Successful Entrepreneur, INC. (Aug. 13, 2012), http://www.inc.com/naveen-jain/10-secrets-of-becoming-a-successful- entrepreneur.html. -
PAEW-0059 Korea Semiconductor Industry Association
Comments of the Korea Semiconductor Industry Association On Patent Assertion Entity (PAE) Activities April 5, 2013 The Korea Semiconductor Industry Association (KSIA) welcomes the opportunity to submit these comments to the U.S. Department of Justice, Antitrust Division, and the U.S. Federal Trade Commission, regarding the activities of Patent Assertion Entities (PAEs). The KSIA hopes that these comments are helpful to the agencies’ analysis of this important issue and respectfully requests that these comments be taken into account as policies are developed to address these serious concerns. The KSIA is an industry association, based in Seoul, Korea, which represents more than 300 companies in the semiconductor manufacturing sector, involved in all aspects of semiconductor device manufacturing as well as semiconductor equipment, materials, and design. Many of its member companies are world leaders in developing advanced semiconductor technologies. The KSIA's primary objectives include promotion of its members’ products and the further advancement of technological development in Korea's semiconductor industry. The KSIA is dedicated to providing opportunities for promoting cooperation among its members and members of international organizations in the areas of device, equipment and material suppliers. The world’s semiconductor industry, of which KSIA members are an important part, plays a vital role in the technological advancement and increased efficiency of nearly every facet of society. In addition to the well-known advances in computers, -
Cip Forum 2016 Göteborg 25 - 27 Sept Convergence Cip Forum 2016 | Program
CIP FORUM 2016 GÖTEBORG 25 - 27 SEPT CONVERGENCE CIP FORUM 2016 | PROGRAM All text material in the CIP FORUM 2016 Program brochure, is provided under a Creative Commons Attribution 3.0 License. Quotes and images may be subjected to copyright held by third parties and are not included under this license. LAYOUT & PRODUCTION PRINTING Anna Holmberg University of Gothenburg Linn Holmström Natalie Lorin CIP FORUM 2016 | PROGRAM CONTENTS WELCOME TO CIP FORUM 2016 7 CIP FORUM – WE’RE BACK 8 COLLABORATION PARTNERS 10 CIP.... AND THEN THERE WERE THREE 11 STUDENT PARTICIPATION 12 SPEAKERS 13 PROGRAM OVERVIEW 23 SESSION OVERVIEW 24 CONFERENCE VENUES 33 PRACTICAL INFORMATION 34 NOTE PAGES 35 CALL CENTER INFORMATION AND TRANSPORTATION +46 76 - 618 26 14 CIP FORUM 2016 | PROGRAM CONVERGENCE We are in the midst of a convergent world where the storms of disruptive change are brewing. Industries, universities, and nations alike will need to take heed. Some actors will define the future and others will have the future define them. Which one will you be? CIP FORUM 2016 | PROGRAM CIP FORUM 2016 WELCOME TO GÖTEBORG for the seventh addition of CIP FORUM. For those first- time participants, we are happy to welcome you not only to our city and event, but to our CIP community of academics, executives, policy-makers, professionals, students, and alumni gathered around the common goal of transforming knowledge into wealth and welfare. For those past-participants, we hope to reward your patience since the last event with another impressive program whose theme of convergence promises to deliver a new set of opportunities and challenges on the winding road to economic growth and prosperity in the knowledge economy. -
Patent Portfolios As Securities
RISCH IN PRINTER (FN CORRECTION) (DO NOT DELETE) 9/18/2013 8:26 AM PATENT PORTFOLIOS AS SECURITIES MICHAEL RISCH† ABSTRACT Companies of all types are buying, selling, and licensing patents— not just individual patents, but many patents bundled into large portfolios. A primary problem with these transactions is that the market is illiquid: parties cannot identify holders of relevant portfolios, they cannot agree on the value of portfolios, and the specter of litigation taints every negotiation. This Article presents a new way to improve market formation and integrity by proposing that patent portfolios be treated as securities. If patent-portfolio transactions are treated like stock transactions, sellers steering clear of fraud laws may be forced to disclose information about patent value. Furthermore, patent transactions previously consummated in “dark markets” might now be traded in public clearinghouses. Ultimately, parties that openly transact will develop objective pricing methodologies that reduce the costs of negotiation and decrease the leverage that portfolio holders exert on potential licensees. TABLE OF CONTENTS Introduction ............................................................................................... 90 I. Nonpracticing Entities, Product Companies, and Patent Aggregation ..................................................................................... 96 A. Nonpracticing Entities and Invention ................................... 97 B. Product-Company Patent Aggregation ................................ 99 -
BIG DATA Handbook a Guide for Lawyers
W BIG DATA Handbook A Guide for Lawyers Robert Maier, Partner, Baker Botts Joshua Sibble, Senior Associate, Baker Botts BIG DATA Handbook—A Guide for Lawyers Executive Summary BIG DATA AND THE FUTURE OF COMMERCE Big Data is the future. Each year Big Data—large sets of data processed to reveal previously unseen trends, behaviors, and other patterns—takes on an increasingly important role in the global economy. In 2010, the Big Data market was valued at $100 billion worldwide, and it is expected to grow to over $200 billion by 2020. The power of Big Data and artificial intelligence to crunch vast amounts of information to gain insights into the world around us, coupled with the emerging ubiquity of the Internet of Things (IoT) to sense and gather that data about nearly everything on earth and beyond, has triggered a revolution the likes of which have not been seen since the advent of the personal computer. These technologies have the potential to shatter the norms in nearly every aspect of society—from the research into what makes a workforce happier and more productive, to healthcare, to the ways we think about climate change, and to the ways we bank and do business. Not surprisingly, it seems everyone is getting into the Big Data game, from the expected—multinational computer hardware, software, and digital storage manufacturers—to the unexpected—real estate agents, small businesses, and even wildlife conservationists. Within a few years, every sector of the global economy will be touched in some way by Big Data, its benefits, and its pitfalls. -
636KB***Evolving Landscape of Patent Remedies in a Changing
634 Singapore Academy of Law Journal (2012) 24 SAcLJ EVOLVING LANDSCAPE OF PATENT REMEDIES IN A CHANGING MARKETPLACE The principal goal of intellectual property (particularly patent) laws is to foster innovation for the public good. Yet, the proliferation of patents could stifle technological advancement if the incidence and risks of undesirable innovation “hold-ups” are not addressed. This article draws on the recent developments in the information and communication technology sector, such as the ongoing global patent war involving smartphones and tablets, to support the contention that the patent system cannot continue to play the vital role in promoting innovation without recalibrating the balance between the competing, and sometimes conflicting, interests of divergent stakeholders in the patent system. More controversially, it is argued that courts should seriously consider going further to award ongoing royalties or prospective damages as a remedy under national laws. Elizabeth Siew-Kuan NG* LLB (Hons) (London), LLM (First Class) (Cambridge); Barrister-at-Law (Middle Temple, London), Advocate and Solicitor (Singapore); Associate Professor, Faculty of Law, National University of Singapore. I. Introduction 1 The battle scene has changed: traditional patent battles have generally involved a few patents and litigants; going forward, some predict that the ongoing global patent war in smartphones and tablets is “likely a foretaste of more patent wars in the future”.1 The stakes have become phenomenal as the loser faces potential ruin from legal costs and outsize awards of damages,2 or even worse, the disaster of a * The author would like to thank Chao Hick Tin JA for the invitation to contribute to this special issue; Sam Ricketson, guest editor of this special issue, for his very helpful comments and suggestions on earlier drafts; Stephen Phua for his invaluable editorial assistance; and Fatin Nadiah Masud, final-year LLB student, National University of Singapore, for research assistance. -
Patents and Standards
Patents and Standards A modern framework for IPR-based standardization FINAL REPORT A study prepared for the European Commission Directorate-General for Enterprise and Industry This study was carried out for the European Commission by and as part of the DISCLAIMER By the European Commission, Directorate-General for Enterprise and Industry The information and views set out in this publication are those of the author(s) and do not necessarily reflect the official opinion of the Commission. The Commission does not guarantee the accuracy of the data included in this study. Neither the Commission nor any person acting on the Commission’s behalf may be held responsible for the use which may be made of the information contained therein. ISBN 978-92-79-35991-0 DOI: 10.2769/90861 © European Union, 2014. All rights reserved. Certain parts are licensed under conditions to the EU. Reproduction is authorized provided the source is acknowledged. About ECSIP The European Competitiveness and Sustainable Industrial Policy Consortium, ECSIP Consortium for short, is the name chosen by the team of partners, subcontractors and individual experts that have agreed to work as one team for the purpose of the Framework Contract on ‘Industrial Competitiveness and Market Performance’. The Consortium is composed of Ecorys Netherlands (lead partner), Cambridge Econometrics, CASE, CSIL, Danish Technological Institute, Decision, Eindhoven University of Technology (ECIS), Euromonitor, Fratini Vergano, Frost & Sullivan, IDEA Consult, IFO Institute, MCI and wiiw, together with a group of 28 highly-skilled and specialised individuals. ECSIP Consortium p/a ECORYS Nederland BV Watermanweg 44 3067 GG Rotterdam P.O. Box 4175 3006 AD Rotterdam The Netherlands T. -
BIG DATA Handbook | Chapter 1 — IP Rights
BIG DATA Handbook | A Guide for Lawyers 1 IP Rights IP Rights Introduction > Patent Law > Trade Secrets > Copyright > Open Source Software > Patent Defense Approaches > Standard Essential Patents > IP Policies > BIG DATA Handbook—A Guide for Lawyers | Chapter 1 — IP Rights PRIVILEGED & CONFIDENTIAL IP Rights Introduction Intellectual Property (IP) rights should be a top consideration when developing Big Data systems, particularly for drafting Data Usage Agreements and IP Policies. Collection, transmission, processing, storage, distribution, and other related uses of data can all have important IP implications. What rights are in play? Who owns those rights? At what stage of the process? Can and should they be licensed? These and other question should be asked and answered at the outset of, and continually throughout, a Big Data project. Given the complexity of Big Data projects and transactions, one can easily imagine a scenario in which multiple parties claim an interest in the same data, further highlighting the importance of data ownership rights. For example, in the case of a smart kitchen appliance that collects data from users, a number of different parties might claim to own the data: the user, the manufacturer of the smart appliance, or an app or software developer who processes that data to gain insights. Given the intangible and non-exclusive nature of data, IP rights and data usage agreements can be the most effective tools for establishing and controlling the ownership of data in complex Big Data projects. In some instances, the dispute as to who owns the rights, or the value of the rights or subject data, may not even be readily apparent at the outset, when an agreement is consummated. -
The Spotlight on Patent Licensing by Patent Aggregators Niccolò Galli – ESR 3 EIPIN-IS Research Paper No
Innovation Society Research Paper Series Patent Aggregation in Europe: The Spotlight on Patent Licensing by Patent Aggregators Niccolò Galli – ESR 3 EIPIN-IS Research Paper No. 20-03 EIPIN Innovation Society Partner organisations (March 2017 - January 2021) European IP Institutes Network Cooperation among IP Institutions and students in Europe since 1999. EIPIN Innovation Society • Multidisciplinary and holistic research programme on role of IP in the innovative lifecycle • Co-supervision of doctoral research leading to joint doctorate degrees from two EIPIN partners • Tailor-made training programme prepares a new type of IP researcher who is able to ascertain and articulate the complexities of the IP system. IP as a complex adaptive system Research results • IP developed from a mere legal title • 15 PhD theses, published as into a complex adaptive system monographs • IP functions as a • International peer-reviewed articles - Business tool for value creation • Presentations at international - Vehicle for investment conferences - Relationship between right holders, • Bi-yearly conferences on the four users and society areas of research • Ambition: to enhance Europe’s capacity • Training activities on methodology, to foster innovation-based sustainable research and transferrable skills economic growth globally • Presentations and publications on • Research objective: to provide reliable establishment and management conclusions on how to deal with the of joint doctoral degree structures adaptive complexities of innovation cycles that secure economic benefits and uphold justice in the innovation society. Patent Aggregation in Europe: The Spotlight on Patent Licensing by Patent Aggregators Niccolò Galli* Abstract Patent aggregation involves the use of patents as assets rather than as technology inputs or technology-transfer instruments. -
Redacted Saurabh Dutta System Design and Management Program, MIT May 10, 2017
Striking a balance between usability and cyber-security in loT Devices by Saurabh Dutta M.S. Architecture and Design, 2009 Mississippi State University Submitted to the System Design and Management Program in Partial Fulfillment of the Requirements for the Degree of Master of Science in Engineering and Management at the Massachusetts Institute of Technology June 2017 @ 2017 Saurabh Dutta. All rights reserved The author hereby grants to MIT permission to reproduce and to distribute publicly paper and electronic copies of this thesis document in whole or in part in any medium now known or hereafter created. Signature of Author: Signature redacted Saurabh Dutta System Design and Management Program, MIT May 10, 2017 Certified by: /Signature redacted Thesis Supervisor: Professor Stuart Madnick John Norris Maguire Professor of Information Technologies, MIT Sloan School of Management Professor of Engineering Systems, MIT School of Engineering Signature redacted Accepted by: 1' Joan S Rubin Executive Director, System Design & Management Program, MIT MASSCF1JETS INSTITUTE OF TEQHNOLOGY JUN 2 7017 LIBRARIES (This page left intentionally blank) 2 Striking a balance between usability and cyber-security in loT Devices By Saurabh Dutta Submitted to the System Design and Management Program on May 12, 2017 in Partial fulfillment of the requirements for the Degree of Master of Science in Engineering and Management. ABSTRACT Today more and more physical objects are being connected to internet. The Internet of Things, or loT, is dramatically changing the way of living and the way we interact with things and each other. Home doors can be opened remotely with a watch, cars' performance can be upgraded remotely, devices monitor health and send updates to physicians remotely.