Posts in Business

FTC and DOJ Issue Revised Horizontal Merger Guidelines

The Federal Trade Commission and Department of Justice on Friday, August 19, 2010, issued revised Horizontal Merger Guidelines that outline how the federal antitrust agencies evaluate the likely competitive impact of mergers and whether those mergers comply with U.S. antitrust law. These changes to the Guidelines mark the first major revision of the merger guidelines in 18 years, and is…

Patenting Software: The Business Responsible Thing to Do

Whether the “open source means free” community ever chooses to acknowledge it, the truth is that a patent is a business tool; an asset. If you are serious about being in business in the software space you absolutely must have patents. Yet, there are those in the “open source means free” community, which simply a naive anti-patent sector, would have those throughout the open source community incorrectly think patents are evil. They complain that patents shouldn’t be protected by patents and copyrights are enough. They claim it is too hard to figure out if you are infringing. What they are really saying is that they choose not to operate their business affairs in a business appropriate fashion and in order for them to succeed while ignoring best practices and being responsible like every other business and industry they need patents on software to cease. This chicken little approach proves only that they are not business savvy, and that they aren’t paying attention to developments in the industry.

How to Show People You Are an Expert in your Industry

What do you think of when you hear the term “expert?”  What makes one an expert in your mind? How does one become truly recognized as an expert in their field?  It is not easy to be considered an Expert, otherwise we’d all be experts.  However with time, practice and persistence, one can grow into a truly recognized expert within…

The Power of Branding Through Catchy Advertising

Throughout the last three decades (or more) there has been an increasing influx of catchy ad campaigns as television viewership has increased and more companies have looked to utilize this means of marketing. A really powerful ad campaign is one that is interesting, funny and memorable, and clearly defines what the product or service is, the type of commercial that is often the topic of discussion, or is frequently quoted. However, this type of ad campaign can also be ineffective and even damaging to a company’s brand if the your target audience does not know what product the commercial is trying to endorse. I am sure you can recall hearing catchy ad slogans and jingles or seeing commercials that have left you wondering, “What company was that for?”

Business of Software: How to Develop Tools for Patent Lawyers

If you ever thought of starting a patent software company, I have some good news for you. Unlike the general software markets for, say, antivirus or mp3 software, the legal software market is just not very saturated. A lot of the existing software for patent lawyers is outdated, ridiculously expensive, and frankly, not that good. There is definitely room for…

Pacman Celebrates its 30th Anniversary – Google Style

If you have gone to Google today, you have probably noticed that Google’s newest Doodle is a Pacman board. Doodles are known as the decorative changes that are made to the Google logo to celebrate holidays, anniversaries, and the lives of famous artists and scientists. May 22 marks the 30th anniversary of the game we all loved and played as kids, and to commemorate Pacman’s anniversary Google has created this one-of-a-kind Pacman Google Doodle. This doodle is unlike any other Google doodle that has come before it because the Google Pacman logo is actually Google’s very first interactive doodle in the form of a Pacman game you can actually play.

Facebook Privacy Concerns Continue

In response to the privacy concerns being raised against Facebook, four United States Senators, Charles Schumer of NY, Michael Bennet of CO, Mark Begich of Alaska and Al Franken of MI, joined forces and on April 27th wrote a letter to Facebook CEO Mark Zuckerberg requesting that Facebook alter its policies on privacy. Currently Facebook information is available on third party websites without user permission. However, the Senators want Facebook to change its provisions so that Facebook user information is kept private and can only be shared with the user’s explicit permission blocking non-Facebook websites from accessing this information.

Patent Strategy: Laying the Foundation for Business Success

Patents provide a competitive advantage, and those sophisticated in business know enough to look for and exploit whatever competitive advantage exists. Patents are the 800 pound gorilla of competitive advantage, but realize if you are going to want and need significant sums of money from investors rarely does a single invention or patent command attention. No one wants to invest significant funds into a company that has a one-and-done approach to innovation. You need to understand the road is long. Take a lesson from Apple, Inc. Innovate and then churn your innovation for all its worth, re-purposing the technology, expanding into products and services, constantly push the envelope and milk the golden goose for all its worth!

Reich’s Reality Doesn’t Have to Be True with Help from Commerce

In a Wall Street Journal op-ed piece Robert Reich, former Secretary of Labor under President Clinton, painted a bleak picture of the future of the US economy over the next decade. The reality he paints is altogether true, unfortunate and extremely unnecessary. He concludes that “those who have lost their jobs to foreign outsourcing or labor-replacing technologies are unlikely ever to get them back. And they have little hope of finding new jobs that pay as well.” This may be true, but I know that it doesn’t have to be that way. The outsourcing of jobs is largely in violation of US export laws and that seems to me to demonstrate the reckless disregard for the American worker rampant in Washington, DC. The US government is not doing anything to enforce US export laws on the books and stop outsourcing that is in violation of US law.

Blogging Business: 7 Questions to a Blogging Business Plan

On Tuesday, April 13, 2010, I will be giving a presentation to the Toledo Intellectual Property Law Association. My presentation will focus on the law, ethics and business of blogging as it specifically pertains to attorneys. This present article focuses on getting started from a conceptual or philosophical standpoint, and future articles in the blogging business series will address legal issues associated with blogging, as well as the mechanics of blogging. So, without further ado, here are the 7 critical questions for a blogging business plan.

Things I Learned: An Inventor’s Journey from Idea to Market

It generally takes a lot longer and costs a lot more to get an idea licensed. New ideas are hard to sell. The capable companies are not interested because they are generating their own ideas. The not-so-capable companies might be interested but would probably drop the ball. Most workers at these companies just want to make it through the day. An unfinished product looks more like work than an opportunity. It is also risky. Employees are not compensated for risks but are punished for failure.

Show Me the IP! Venture Capital Success Based on Patents

Earlier today Dale Halling, of Halling IP and State of Innovation Blog, brought to my attention an article on the IAM Magazine Blog from a few weeks ago. Joff Wild of IAM blogged about a study conducted by IPVision, Inc., which focused on analyzing the intellectual property positions of over 9,000 US venture capital backed technology companies. The study was…

Small Business Resources Through SCORE, an SBA Agency

Currently there are 364 chapters of SCORE operating in over 800 locations across the United States as well as in US Territories. The organization, which is headquartered in Herndon, Virginia and Washington DC, supports small businesses with both training and business counseling. Whether you are just starting out, or have been established for quite some time, SCORE can set you up with a personal business coach who can guide you along every step of your business.

A Method to Spur the Economy Comprising Cutting Taxes: Obviously Non-obvious and Patentable Inventions Part II

Picking up on this theme and focusing on things that at first glance seem incredibly obvious but must not be at all obvious given that those who are exceptionally smart can’t figure them out, I thought with tax season right around the corner it might be worthwhile to explore method of stimulating the economy by cutting taxes. I am sure there are other pieces of prior art, even some pieces of enabling prior art, or come to think of it wildly successful and unimaginably enabling prior art, but I am going to hang my hopes on secondary considerations.

Small Business Administration Helps Entrepreneurs Succeed

The federal government knows that small businesses are critical to the economic strength and recovery of our country, especially as the economy stands today. For this very reason, programs have been put into place to assist entrepreneurs in starting their own businesses.