Patent Abandonment and Subsequent Cumulative Inventions
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June 14, 2011 Federal Trade Commission Office of the Secretary Room H-113 (Annex X) 600 Pennsylvania Avenue Washington, DC 20580 Re: Patent Standards Workshop, Project No. P11-1204 Dear Commissioners and FTC executive staff: Microsoft appreciates the opportunity to provide comments in response to the Request for Comments and Announcement of Workshop on Standards-Setting Issues regarding ―patent hold- up‖ in connection with standardization efforts. At their most fundamental, technical standards are tools that promote efficiency and innovation by making it easier to create products and services that work together—or ―interoperate‖—better. This is especially true in the information and communications technology (ICT) environment. With new ICT solutions and services appearing in the market almost daily, often connected to one another by the Internet or other networks, interoperability has become a market imperative. The development and implementation of standards is one of the ways in which the technology industry is able to meet consumer demand for interoperability.1 By helping to enhance interoperability among products or services within a market, and being responsive to real marketplace needs, standards can help promote innovation, fuel market growth, and protect investments in new technologies. Microsoft plays a dual role in standardization activities. First, we actively contribute innovative technology to standardization related to computing hardware, software and associated devices, the Internet and its infrastructure, consumer electronics devices, and telecommunications systems. Second, we are an active implementer of standards. Microsoft supports a very large number of standards that are formulated by a broad diversity of standards- setting organizations (SSOs) in our products. For example, Microsoft’s Windows 7 operating 1 Microsoft’s commitment to standardization to help further interoperability is reflected in our Interoperability Principles, available at http://www.microsoft.com/interop/principles/default.mspx. -
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. -
Spreading Green Iot Tech Through Mechanisms of Sharing Intellectual Property Master’S Thesis in Entrepreneurship and Business Design
Spreading green IoT tech through mechanisms of sharing intellectual property Master’s thesis in Entrepreneurship and Business Design ISAK LIND RASMUS KOCKGÅRD DEPARTMENT OF TECHNOLOGY MANAGEMENT AND ECONOMICS DIVISION OF ENTREPRENEURSHIP AND STRATEGY CHALMERS UNIVERSITY OF TECHNOLOGY Gothenburg, Sweden 2021 www.chalmers.se Report No. E2021:115 REPORT NO. E2021:115 Spreading green IoT tech through mechanisms of sharing intellectual property ISAK LIND RASMUS KOCKGÅRD Department of Technology Management and Economics Division of Entrepreneurship and Strategy CHALMERS UNIVERSITY OF TECHNOLOGY Göteborg, Sweden 2021 Spreading green IoT tech through mechanisms of sharing intellectual property ISAK LIND RASMUS KOCKGÅRD © ISAK LIND © RASMUS KOCKGÅRD Technical report no E2021:115 Department of Technology Management and Economics Division of Entrepreneurship and Strategy Chalmers University of Technology SE-412 96 Göteborg Sweden Telephone + 46 (0)31-772 1000 Göteborg, Sweden 2021 Acknowledgements This master’s thesis is a part of the last semester of the Master of Science program in Entrepreneurship and Business Design at Chalmers University of Technology in Gothenburg. We would like to send our gratitude towards our supervisors at Chalmers University of Technology, Mats Lundqvist and Christoffer Hermansson. It has both been a challenging and inspiring process writing our thesis. Thank you for your guidance and all the interesting conversations we have had. We would also like to send our gratitude towards Ericsson AB, and all the employees who have taken the time to answer our questions. We are especially grateful towards our supervisors Mathias Hellman and Sanna Lundin. Thank you for all the learnings provided, the assistance in finalizing our thesis, and thank you for all the interesting discussions we have had. -
Puzzles of the Zero-Rate Royalty
Fordham Intellectual Property, Media and Entertainment Law Journal Volume 27 Volume XXVII Number 1 Article 1 2016 Puzzles of the Zero-Rate Royalty Eli Greenbaum Yigal Arnon & Co., [email protected] Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Intellectual Property Law Commons Recommended Citation Eli Greenbaum, Puzzles of the Zero-Rate Royalty, 27 Fordham Intell. Prop. Media & Ent. L.J. 1 (2016). Available at: https://ir.lawnet.fordham.edu/iplj/vol27/iss1/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Puzzles of the Zero-Rate Royalty Cover Page Footnote Partner, Yigal Arnon & Co. J.D., Yale Law School; M.S., Columbia University. This article is available in Fordham Intellectual Property, Media and Entertainment Law Journal: https://ir.lawnet.fordham.edu/iplj/vol27/iss1/1 Puzzles of the Zero-Rate Royalty Eli Greenbaum* Patentees increasingly exploit their intellectual property rights through royalty-free licensing arrangements. Even though patentees us- ing such frameworks forfeit their right to trade patents for monetary gain, royalty-free arrangements can be used to pursue other significant commercial and collaborative interests. This Article argues that modern royalty-free structures generate tension between various otherwise well- accepted doctrines of patent remedies law that were designed for more traditional licensing models. -
How Copyright Law Affects Reissues of Historic Recordings: a New Study
TIM BROOKS How Copyright Law Affects Reissues of Historic Recordings: A New Study The following article looks at how U.S. copyright law affects the availability of older recordings. Among the issues covered are how many “historic” recordings are still under legal restrictions, how many are available to the public today via reissues, and what pro- portion of reissues are from rights holders vs. non rights holders. The article also suggests how to determine whether a specific older recording is controlled by a rights holder or is “abandoned,” and thus free to disseminate. The article is based on a paper presented at the 2005 ARSC Conference, with much of the information drawn from a study by the author commissioned by the Council on Library and Information Resources for the National Recording Preservation Board and the Library of Congress. The full study is available at www.clir.org. __________________________________________________________________________________ n recent years entertainment companies have secured sweeping expansion of copy- right laws and new limits on the public domain, making the subject of copyright Iincreasingly controversial. The world, they say, is changing and the law has to “keep up”. However, those who seek to care for and disseminate our recorded heritage feel jus- tifiably threatened by laws that seem to restrict their activities at every turn. While many in the academic and collecting communities lament these developments – witness the heavy attendance and passionate response at a session on “Music Downloading and File Swapping” at the 2004 ARSC Conference – there is surprisingly little solid data on the effects of current law on recordings.1 Such data is necessary to influence policymakers. -
Sustainability 2010, 2, 993-1015; Doi:10.3390/Su2040993 OPEN ACCESS Sustainability ISSN 2071-1050
Sustainability 2010, 2, 993-1015; doi:10.3390/su2040993 OPEN ACCESS sustainability ISSN 2071-1050 www.mdpi.com/journal/sustainability Article Science, Open Communication and Sustainable Development John T. Wilbanks 1 and Thomas J. Wilbanks 2,* 1 Science Commons, c/o Creative Commons, 71 Second Street, Suite 300, San Francisco, CA 94105, USA; E-Mail: [email protected] 2 Oak Ridge National Laboratory, P.O. Box 2008, MS-6038, Oak Ridge, TN 37831, USA * Author to whom correspondence should be addressed; E-Mail: [email protected]; Tel.: +1-865-574-5515; Fax: +1-865-576-2943. Received: 1 February 2010; in revised form: 19 March 2010 / Accepted: 22 March 2010 / Published: 13 April 2010 Abstract: One of the prerequisites for sustainable development is knowledge, in order to inform coping with sustainability threats and to support innovative sustainability pathways. Transferring knowledge is therefore a fundamental challenge for sustainability, in a context where external knowledge must be integrated with local knowledge in order to promote user-driven action. But effective local co-production of knowledge requires ongoing local access to existing scientific and technical knowledge so that users start on a level playing field. The information technology revolution can be a powerful enabler of such access if intellectual property obstacles can be overcome, with a potential to transform prospects for sustainability in many parts of the world. Keywords: knowledge for sustainability; co-production of knowledge for sustainability; information technology; open access 1. Introduction Sustainable development across the regions, systems, and populations of this world is a path, not a state [1]. The challenges to sustainability evolve constantly, as changes in conditions and driving forces emerge with little notice. -
Abandoning Copyright
Case Western Reserve University School of Law Scholarly Commons Faculty Publications 2020 Abandoning Copyright Dave Fagundes Aaron K. Perzanowski Case Western University School of Law, [email protected] Follow this and additional works at: https://scholarlycommons.law.case.edu/faculty_publications Part of the Intellectual Property Law Commons Repository Citation Fagundes, Dave and Perzanowski, Aaron K., "Abandoning Copyright" (2020). Faculty Publications. 2060. https://scholarlycommons.law.case.edu/faculty_publications/2060 This Article is brought to you for free and open access by Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. ABANDONING COPYRIGHT Dave Fagundes* & Aaron Perzanowski** For nearly two hundred years, U.S. copyright law has assumed that owners may voluntarily abandon their rights in a work. But scholars have largely ignored copyright abandonment, and the case law is fragmented and inconsistent. As a result, abandonment remains poorly theorized, owners can avail themselves of no reliable mechanism to abandon their works, and the practice remains rare. This Article seeks to bring copyright abandonment out of the shadows, showing that it is a doctrine rich in conceptual, normative, and practical significance. Unlike abandonment of real and chattel property, which imposes significant public costs in exchange for discrete private benefits, copyright abandonment is potentially costly for rights holders but broadly beneficial for society. Nonetheless, rights holders—ranging from lauded filmmakers and photographers to leading museums and everyday creators—make the counterintuitive choice to abandon valuable works. This Article analyzes two previously untapped resources to better understand copyright abandonment. -
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. -
Patent Licenses: Key Provisions
Patent Licenses: Key Provisions Go to: Framing the License Agreement | Identifying Patents Subject to the License | The Patent License Grant Clause | Exclusive vs. Non-exclusive Patent Licenses | Rights Granted to a Patent Licensee | Patent License Payment & Royalty Provisions | Representations and Warranties in Patent Licenses | Patent License Provisions That Protect Against Risk and Govern Future Disputes | Term & Termination of Patent Licenses | Assignability of Patent Licenses Current as of: 09/10/2019 by Michael J. Kasdan, Wiggin and Dana LLP This practice note details the key patent license agreement provisions and terms, namely: 1 Framing the License Agreement 2 Identifying Patents Subject to the License 3 The Patent License Grant Clause 4 Exclusive vs. Non-exclusive Patent Licenses 5 Rights Granted to a Patent Licensee 6 Patent License Payment & Royalty Provisions 7 Representations and Warranties in Patent Licenses 8 Patent License Provisions That Protect Against Risk and Govern Future Disputes 9 Term & Termination of Patent Licenses 10 Assignability of Patent Licenses Framing the License Agreement Identifying the Parties Typically the opening paragraph of a license agreement states the parties to the agreement, as well its effective date. The parties should provide the complete legal name of each entity, as well as its place of incorporation and the address of its principal places of business. The identification of the parties to the agreement serves the obvious purpose of identifying each side of the transaction, both licensor and licensee, thus identifying the specific entities making the promises and receiving the benefits set forth in the agreement. Additional identifying details help to avoid potential confusion over other entities with similar names and to provide a basis for determining parent companies, subsidiaries, and related corporate entities. -
New Strategies for Owners of Discontinued Brands David S
Northwestern Journal of Technology and Intellectual Property Volume 3 Article 4 Issue 1 Fall Fall 2004 New Strategies for Owners of Discontinued Brands David S. Ruder Recommended Citation David S. Ruder, New Strategies for Owners of Discontinued Brands, 3 Nw. J. Tech. & Intell. Prop. 61 (2004). https://scholarlycommons.law.northwestern.edu/njtip/vol3/iss1/4 This Article is brought to you for free and open access by Northwestern Pritzker School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of Technology and Intellectual Property by an authorized editor of Northwestern Pritzker School of Law Scholarly Commons. NORTHWESTERN JOURNAL OF TECHNOLOGY AND INTELLECTUAL PROPERTY New Strategies for Owners of Discontinued Brands David S. Ruder Fall 2004 VOL. 3, NO. 1 © 2004 by Northwestern University School of Law Northwestern Journal of Technology and Intellectual Property Copyright 2004 by Northwestern University School of Law Volume 3, Number 1 (Fall 2004) Northwestern Journal of Technology and Intellectual Property New Strategies for Owners of Discontinued Brands By David S. Ruder* I. INTRODUCTION .......................................................................................61 A. Why Brands Are Discontinued ...........................................................62 B. Why Discontinued Brands Matter.......................................................63 1. Potential Loss of Control to Competitor ...................................63 2. Potential Lost Value ..................................................................64 -
Free and Open Source Software Licensing
Anna Haapanen FREE AND OPEN SOURCE SOFTWARE LICENSING AND THE MYSTERY OF LICENSOR'S PATENTS Haapanen, Anna: Free and Open Source Software Licensing and the Mystery of Licensor's Patents Anna Haapanen FREE AND OPEN SOURCE SOFTWARE LICENSING and the Mystery of Licensor's Patents Doctoral dissertation to be presented for public examination, by due permission of the Faculty of Law at the University of Helsinki, in Porthania Hall III on April 1, 2017 at 10 a.m. 1 Haapanen, Anna: Free and Open Source Software Licensing and the Mystery of Licensor's Patents Contents ACKNOWLEDGEMENTS ............................................................................................ 4 ABSTRACT ..................................................................................................................... 5 1. INTRODUCTION .................................................................................................. 6 1.1 BACKGROUND ............................................................................................ 6 1.1.1 Concepts .......................................................................................... 6 1.1.2 Brief History of FOSS ..................................................................... 12 1.1.3 FOSS Today .................................................................................... 14 1.1.4 Construction of FOSS Licenses ...................................................... 16 1.1.5 FOSS and Patents ........................................................................... 22 1.1.6 Current Status -
Intellectual Property Pools and Aggregation
SJ Quinney College of Law, University of Utah Utah Law Digital Commons Utah Law Faculty Scholarship Utah Law Scholarship 10-2020 Intellectual Property Pools and Aggregation Jorge L. Contreras Follow this and additional works at: https://dc.law.utah.edu/scholarship Part of the Intellectual Property Law Commons Contreras IP Licensing and Transactions Chapter 27 CHAPTER 27 – INTELLECTUAL PROPERTY POOLS AND AGGREGATION Summary Contents A. Theories of IP Pooling: Efficiency and Enablement B. Antitrust Analysis of Patent Pools Standard Oil (Indiana) v. United States U.S. Dept. Justice & Fed. Trade Comm’n Antitrust Guidelines for the Licensing of Intellectual Property C. Standards Patent Pools U.S. Dept. Justice MPEG-2 Business Review Letter D. Complementarity and Essentiality in Patent Pools U.S. Dept. Justice 3GPP Business Review Letter As we saw in Chapter 25, agreements among competitors that restrain trade can violate Section 1 of the Sherman Act. Such anticompetitive agreements can involve trademarks, copyrights, patents and other intellectual property rights. If they seek to fix prices, allocate markets or impose similar restraints on competition, such agreements are per se illegal; otherwise they are evaluated under the rule of reason, balancing their pro-competitive and anticompetitive effects. In this chapter, we will consider an important category of agreements among competitors – those in which intellectual property rights are combined or “pooled” for various purposes. The first documented patent pool in the U.S. was formed in 1856 by three leading manufacturers of sewing machines.1 Since then, IP pools have evolved and The crux of an IP pooling grown in complexity.