Posts in Business

Choices for Inventors: Commercial Possibilities of Invention

To raise money to get your product to market, you must be able to logically show that it will generate sales volume in the short-term and survive competitor reactions to a new market entrant. A marketing plan is a critical component of your business plan and illustrates to investors that you are a practical businessperson who understands that a good, even superior product is only the first, and not necessarily the most important, component of a successful product launch.

Playboy’s Trademark and False Advertising Complaint Dismissed

Playboy Enterprises International, Inc. v. Play Beverages, LLC, et al., U.S. District Judge S. James Otero has granted the Defendants’ Motion to Dismiss on the basis of improper venue.

Economic Prong of Domestic Industry And Value-Added Analysis

One of the requirements of finding a violation of section 337 of the Tariff Act of 1930 is that the Complainant must establish that “an industry in the United States, relating to the articles protected by the [intellectual property right] … concerned, exists or is in the process of being established.

Kodak Sells Patents to Intellectual Ventures, RPX for $525 Million

Eastman Kodak Company, the once mighty technology juggernaut that has fallen on hard times and found itself fighting to get out of bankruptcy, has completed a series of agreements that successfully monetizes its digital imaging patents. Under the agreements, Kodak will receive approximately $525 million, a portion of which will be paid by 12 intellectual property licensees organized by Intellectual Ventures and RPX Corporation, with each licensee receiving rights with respect to the digital imaging patent portfolio and certain other Kodak patents. Another portion will be paid by Intellectual Ventures, which is acquiring the digital imaging patent portfolio subject to these new licenses, as well as previously existing licenses.

The First 3 Steps to Starting a Website or Blog

With the growing trend of online marketing for business, it has become important to have a distinct Internet presence. A blog can give help you raise your search engine ranking, get more traffic and even win over more customers. Setting up your own business blog isn’t difficult if you know the steps to take. Here are the first three critical steps, or action items, to setting up your blog, or just going down the path of setting up a website.

Pharma Law and Business – A Monthly Roundup December 2012

Litigation always factors into the pharmaceutical world, but the US Supreme Court commanded a special place in recent days. The high court figured in no fewer than four contentious issues that, not surprisingly, play a vital role in how drug makers can and will operate. Let’s start with a case that is not yet before the court, but many predict will be headed there thanks to one of its earlier rulings. Earlier this month, a three-judge panel of the US Court of Appeals for the Second Circuit overturned the conviction of a former sales representative, who argued that prosecuting him for remarks made about off-label use violated his free speech rights.

Croc Counterfeiters in China get Jail Time

Crocs, Inc. (NASDAQ: CROX) announced earlier today that Chinese courts have sentenced 18 individuals to a total of more than 46 years in prison for producing and selling counterfeit Crocs goods. Seventeen individuals were convicted of counterfeiting, and two of the 17 also were convicted of offering bribes. Another individual also was convicted on bribery charges in connection with production of counterfeit Crocs™ shoes. In addition to prison sentences, the above men together face fines totaling RMB 2,832,500 (approximately $450,896).

Patent Pooling Is an Effective Tool for IP Monetization

When the media paints images of all patents being bad they are doing a disservice to the industry and ignoring the good that has come from patented innovation and the sharing of such innovation via patent pools and other cross-licensing arrangements. Patent pooling is one example of a proven, effective tool that is helping industry better manage its licensing programs. By “pooling” patents from many license holders, licensors generally are able to lower transaction costs and administrative overhead, and benefit from a centralized model that encourages patent bundling and fair play. Licensees likewise enjoy advantages in the form of lower royalty fees and a single point of contact that eliminates the need to negotiate separately with multiple license holders.

The Case of the Counterfeit Cell Phone Case

Speck Products has obtained a judgment from a California Federal Court against Tsai & Shaw, a company that has been selling counterfeit Speck iPhone cases. The judgment includes a permanent injunction against Tsai & Shaw, as well as an award for the damages. The case against Tsai & Shaw is just one of the several judgments in the last year that equals over $1.2 million in damages against Tsai & Shaw and other counterfeiters.

Trademark Injunction Issued in Stark Raving Battle of the Wineries

The injunction, approved by Judge Rogers means that Diageo Chateau must stop production and sales within Sonoma County, California, which was the geographical limitation put on the injunction by Judge Gonzalez. The issuance of the preliminary injunction is contingent upon the plaintiff filing proof of issuance of a bond in the amount of $500. That is not a mistake, the bond required was only $500.

Health & Safety Risks from Counterfeits in the Supply Chain

The white paper outlines just how these counterfeit parts are entering the global supply chains. Even though there are government regulations and precautionary measures taken by the industry, there seems to be a growing problem with counterfeit parts that can cause damage and even fatalities. The introduction of the whitepaper claims: “The complex and distributed nature of supply chains has created vulnerabilities for companies and organizations. Governments and regulations can only go so far. As such, industry can benefit from taking a more proactive approach to protecting the supply chain from counterfeit products and pirated materials.”

Startups Entrepreneurship: One Simple Idea is all it Takes

We pick up our conversation with where many inventors stumble as they attempt to move from idea person to small business person. We also discuss lessons learned from a Big Bang Theory episode, as well as the important of taking reasonable risks, protecting your innovations (Key is a fan of provisional patent applications to start) and the importance of knowing the market for your product.

Social Media for Business 101

Whether you are just getting your feet wet in the wild world of inventions and patents, or you already have your business up and running, social media can help expand your business. Everywhere you look, there are Facebook “Like” buttons, LinkedIn “Share” buttons and Twitter “Tweet” buttons. Even Google has entered the social sharing game with Google+ allowing you to “+1” content. Social media can help catapult your business into overdrive – if you know how to use it effectively. Here are some tips to using social media to expand business.

Discussing Startups & Entrepreneurship with Author Stephen Key

A lot of inventors and entrepreneurs might come up with an idea that solves a problem, but I’ve always took a different approach. I would let the market tell me what it’s looking for or what it needs or what’s missing. And I like to refer to it as looking for a sleeping dinosaur. By that I mean something that is old and tired. Don’t reinvent the wheel but come up with a small change in existing products. So number one, you’re guaranteed that there’s a market for it. And number two, the technology exists.

Kodak Agrees to Financing, Must Sell Patents for $500 Million

The financing commitment Kodak received is composed of new term loans of $476 million, as well as term loans of $317 million issued in a dollar-for-dollar exchange for amounts outstanding under the company’s pre-petition second lien notes. The financing, however, is predicated on certain conditions and Kodak’s achievement of certain milestones. Perhaps the main pre-condition, and one that may be quite difficult for the company to meet, is that Kodak must successfully complete the sale of it’s digital imaging patent portfolio and the sale much fetch no less than $500 million.