How to calculate damages during patent infringement?
In case of patent infringement, there are two types of damages: (a) Loss Profits, and (b) Reasonable Royalty. Loss profits imply additional profits that the patent owner would have made if there had been no patent infringement. Reasonably royalty on the other hand implies minimum damages that a patent owner can receive pertaining to a reasonable amount that someone would have agreed to pay to the patent owner for using the patented technology and patent owner would have accepted.
How to calculate damages during patent infringement?
In case of patent infringement, there are two types of damages: (a) Loss Profits, and (b) Reasonable Royalty. Loss profits imply additional profits that the patent owner would have made if there had been no patent infringement. Reasonably royalty on the other hand implies minimum damages that a patent owner can receive pertaining to a reasonable amount that someone would have agreed to pay to the patent owner for using the patented technology and patent owner would have accepted.
Provisions related to Patent Damages as per US Patent Law
In accordance with the provisions of US patent laws (35 U.S. Code § 284 – Damages), section 284 states that a patentee is entitled to damages adequate to compensate for any infringement and that compensation cannot be less than a reasonable royalty for the use made of the invention by the infringer.
How to determine “reasonable royalty” damages?
In past, various federal courts in US have clarified that in case patentee is unable to prove actual damages (i.e. loss profits), there exists no single methodology to determine reasonable royalty damages.
Standard Essential Patents (SEPs)
Technical standard across various industries are defined by standards organizations (SDOs) that can be patented by private companies to protect their research and development activities. Such patents relating to standardized technology may be used by patent owners to pressurize the market and create monopoly to prevent competition. Accordingly, the SDOs require their participants do disclose patents covering standards prior to adoption. SDOs further require the patent owners to license such patents on “fair, reasonable and non-discriminatory” (FRAND) terms.
However, FRAND terms have been core of various patent infringement lawsuits, specifically in the smartphone industry, wherein the industry standard covers core features of any smartphone, such as, for example, wireless connectivity (WiFi), Bluetooth, GPS (location capabilities), and the like.
WiFi Standard Essential Patents (SEPs)
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
A general academic discussion about doctrine of equivalence in US, Japan and other countries as applied by courts in patent infringement cases. [Some material has not been updated for recent changes, so use it at your own risk]
Disclaimer: This is not legal advice.
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
This a discussion on patent infringement for academic purpose. Please do NOT consider this legal advice.
[Some material has not been updated for recent changes, so use it at your own risk]
Disclaimer: This is not legal advice.
Patent specification is a document through which an inventor discloses the details of his invention in exchange for the exclusive rights awarded by the government. From a broader perspective, the government expects a patent specification to disclose the invention details so that any person from the public (after the patent expires) can make and/or practice the invention thereby meeting the objective of the Patent law.
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414/24/34
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
A general academic discussion about doctrine of equivalence in US, Japan and other countries as applied by courts in patent infringement cases. [Some material has not been updated for recent changes, so use it at your own risk]
Disclaimer: This is not legal advice.
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
This a discussion on patent infringement for academic purpose. Please do NOT consider this legal advice.
[Some material has not been updated for recent changes, so use it at your own risk]
Disclaimer: This is not legal advice.
Patent specification is a document through which an inventor discloses the details of his invention in exchange for the exclusive rights awarded by the government. From a broader perspective, the government expects a patent specification to disclose the invention details so that any person from the public (after the patent expires) can make and/or practice the invention thereby meeting the objective of the Patent law.
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414/24/34
Intellectual property litigations: A case study of Anticancer drug Glivec in ...Dr Shahid Saache
This presentation include brief about various intellectual property rights in India like patent, copyright, trademarks etc. It also include a detailed case discussion of Novartis anticancer drug Glivec i.e imatinib mesylate which is a patent case.
Compulsory licensing is when a government allows someone else to produce a patented product or process without the consent of the patent owner or plans to use the patent-protected invention itself.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Patents 101 Part 4 - Applying for a PatentJane Lambert
The handout to the fourth module of my introduction to English patent law. The procedure for applying for a UK patent and European patent (UK) and making PCT applications. Appeals to the Comptroller in the UK and the Boards of Appeal in the EPO. Entitlement and inventorship disputes,
Open Source und Free Software unter WindowsMartin Leyrer
Die erste Assoziation zu Open Source und Freier Software ist oft eine GNU/Linux Distribution. Viele Anwender scheuen aber aufgrund der (vermuteten) Komplexität vor einem Wechsel auf das neue Betriebssystem zurück.
In diesem Talk möchte ich zeigen, dass man auch unter Windows eine Vielzahl von Open Source Anwendungen und Freie Software im täglichen Umgang mit dem PC einsetzen und so den sanfteren Wechsel zu einem freien Betriebssystem vorbereiten kann.
Intellectual property litigations: A case study of Anticancer drug Glivec in ...Dr Shahid Saache
This presentation include brief about various intellectual property rights in India like patent, copyright, trademarks etc. It also include a detailed case discussion of Novartis anticancer drug Glivec i.e imatinib mesylate which is a patent case.
Compulsory licensing is when a government allows someone else to produce a patented product or process without the consent of the patent owner or plans to use the patent-protected invention itself.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Patents 101 Part 4 - Applying for a PatentJane Lambert
The handout to the fourth module of my introduction to English patent law. The procedure for applying for a UK patent and European patent (UK) and making PCT applications. Appeals to the Comptroller in the UK and the Boards of Appeal in the EPO. Entitlement and inventorship disputes,
Open Source und Free Software unter WindowsMartin Leyrer
Die erste Assoziation zu Open Source und Freier Software ist oft eine GNU/Linux Distribution. Viele Anwender scheuen aber aufgrund der (vermuteten) Komplexität vor einem Wechsel auf das neue Betriebssystem zurück.
In diesem Talk möchte ich zeigen, dass man auch unter Windows eine Vielzahl von Open Source Anwendungen und Freie Software im täglichen Umgang mit dem PC einsetzen und so den sanfteren Wechsel zu einem freien Betriebssystem vorbereiten kann.
In this guide to image licensing, integrated agency Crafted's Designer Chris Plowman takes you through the process of finding images online, the various licensing types that apply, the restrictions that each license type places on you and how and where you can use the images that you have found.
The Digital Music Performance Royalty ApocalypsePaul Fakler
Deck from my presentation at SXSW 2014, covering digital music licensing issues, recent developments, and potential impacts on various digital music industry parties.
Introduction to Patents and IP CommercializationHasit Seth
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
Introduction to Patents and IP Commercialization. These are slides from a talk I gave at Venture Center NCL (National Chemical Laboratory) in Pune, India to a audience of scientists involved in nanotechnology.
High Definition Fuzzing; Exploring HDMI vulnerabilitiesE Hacking
Most modern Android-based phones and tablets have a Slimport(r) connection that supports HDMI-CEC like Samsung and HTC among mobile devices, and many JVC, Kenwood, Panasonic, and Sony car stereos and other 750 million devices in the world so far.
Exploring Patent Infringement in the USA Types and Implications.pptxInvention ip
Discover the consequences of patent infringement for both patent holders and those suspected of infringing. Uncover the complexities of patent infringement lawsuits, from consulting lawyers to reaching agreements. Get an understanding of how to protect intellectual property rights in the ever-evolving digital world. For further information, go to www.InventionIP.com.
Knowledgentia has a dedicated team of experts to provide patent management services. If you are looking for the top patent consultants in India, then visit our website and contact us. Our team takes care of the complete process required for patent registration. We manage the whole process that includes timely publications, filing requests for examinations, follow-ups for the reports, maintenance and preparations of portfolios in case of more than one patent request.
Similar to US Patent Litigation CSIRO v. Cisco - Judge Davis's Damages Calculation of Reasonable Royalty During Patent Infringement (20)
Revolutionizing Web Navigation with Machine Learning: A Comprehensive ML Inno...Rahul Dev
Discover the transformative power of machine learning in enhancing web navigation via an innovative application of machine learning technologies to overcome the challenges of traditional web navigation, offering a seamless and intuitive online experience.
https://patentbusinesslawyer.com/machine-learning-innovation-and-ml-patent-strategy/
- Web Navigation Challenges: Explore the complexities of current web designs and how they impact user experience.
- Innovative Solutions: Learn about our proposed machine learning-driven predictive web navigation system that personalizes user experience.
- Industry Applications: See how machine learning is revolutionizing various sectors, from finance to healthcare.
- Predictive Web Navigation: Delve into the concept of predictive web navigation and its benefits in enhancing user engagement and website efficiency.
- Implementation Strategy: Gain insights into the steps for implementing this machine learning approach, including data collection, model development, and optimization.
- Future of Web Navigation: Understand the potential future applications of machine learning in digital environments.
🌐 Who Should Watch?
- Web Developers and Designers seeking innovative approaches to improve user experience.
- Business Strategists and Digital Marketers looking to enhance website efficiency and engagement.
- Technology Enthusiasts and Students interested in the practical applications of machine learning.
- Industry Professionals in IT, Finance, Healthcare, and more, exploring the impact of AI and machine learning in their fields.
🚀 Why Watch?
- Stay ahead in the digital landscape by understanding cutting-edge machine learning applications.
- Gain actionable insights to improve web navigation and user engagement.
- Learn about the future trends in machine learning and AI.
Current web navigation is hampered by varied and complex website designs, leading to inefficient user experiences.
Traditional web guidance methods are processing-heavy and lack adaptability to diverse web structures, resulting in generalized and ineffective user assistance.
This case study proposes a machine learning-driven predictive web navigation system. This system tracks user web interactions, using this data to predict and recommend personalized navigation paths. This approach not only streamlines user experience but also aids website administrators in optimizing site layout for better navigability.
This case study delves into the application of machine learning for improving web navigation, emphasizing its potential to enhance user engagement and inform smarter website design.
Introduction to Machine Learning
- Definition and significance of machine learning.
- Differentiation between machine learning, deep learning, and neural
Training Session | Trademark Basics | Brand Protection StrategyRahul Dev
Training session for students, lawyers and business professionals to understand trademark basics and brand protection strategies:
https://patentbusinesslawyer.com/training-session-trademark-basics-brand-protection-strategy/
This session is designed for students, lawyers and business professionals to understand trademark basics and brand protection strategies.
Lawyers advise the clients to protect their brands by way of trademarks.
Brand managers work internally to build a brand that will help the company in positioning their products and services uniquely as compared to the competitors.
Effectively, companies work with external lawyers and law firms to obtain protection of their creative branding assets by way of trademarks.
As a result, lawyers and law firms act as an interface between the brand owners and the government or specifically, the trademark office to obtain trademark registrations covering unique brands.
A company can own multiple brands covering their entire range of products and services. Similarly, a single brand can be protected by way of multiple trademarks to ensure complete protection.
For example, in case of McDonald’s, you have a unique logo comprising of iconic golden arches and of course, the unique brand name written as “McDonald’s”.
There’s also a unique tagline that states “I’m loving it”.
From the perspective of brand owner, this requires trademark protection by filing separate trademarks for each of these elements, along with another set of trademark applications to protect these in combinations.
Such trademark applications to protect the combinations will cover brand name plus logo, brand name plus tagline, logo plus tagline, and, brand name plus logo plus tagline all together.
This type of brand protection strategy is essential to reduce the chances of unauthorised use of the brand and helps the brand owner in strong enforcement of trademark rights in case of trademark infringement.
As a case study, let’s assume that a client approaches a law firm for a meeting with a new business idea.
The new business idea is about starting a fitness studio along with an in-house cafe offering healthy food and drink options.
Let’s further assume that the brand name selected by the client is EndureFit.
So the first and foremost discussion should be around various aspects of business model.
Let’s understand the consumer facing aspects to begin with.
To avail the business benefits, the consumer has to walk into this fitness studio and complete the registration process to become a member.
Subsequently, member can avail services like using the fitness equipments, or availing additional services like personal training, diet planning or buying healthy foods and drinks from the in-house café.
Before filing a trademark, it is extremely important to review the intersection between the brand and the consumers.
Patent Search: https://patentbusinesslawyer.com/patent-searches-guide-for-inventors/
The objective of conducting a patent search before filing a patent application is to ensure that there are no roadblocks in the form of existing publications. Such existing publications are known as prior art. Generally, the prior art includes the granted patents, published patent applications and non-patent literature covering research papers, technical and scientific publications, blogs, websites or any publication available in the public domain.
2. Contents of Patent Search Report
A patent search report includes summary of the invention or proposed innovation, list of novel features of the invention, search strategy followed by the patent searcher or patent attorney, summary of all the relevant search results covering both patent and non-patent literature, listing of relevant sections of prior art references, analysis of patentability or patent eligibility of the invention, patentability opinion and the disclaimer.
3. Conducting a Patent Search
A patent attorney conducts a patent search to advise clients regarding patent eligibility before filing a patent application. The process to conduct the patent search includes understanding all the novel features of the invention, determining relevant keywords, deciding all the applicable patent classifications, preparing patent search strings using various combinations of keywords and patent classifications, and, conducting the patent search using these search strings across multiple database resources covering the patent and non-patent literature.
4. Compiling Patent Search Results
After conducting a patent search, the next step is to compile the patent search results. Patent attorneys usually list the patent search results into two categories, namely patent search results and non-patent search results. The patent search results include list of relevant patent publications (granted patents and published patent applications), whereas the non-patent search results include list of relevant non-patent literature.
5. Patentability Analysis
The patentability analysis involves comprehensive review of the search results. Specifically, the goal is to compare the features of the invention with the disclosure of the prior art. As a result of this comparison, the patent searcher is able to determine whether all the features of the invention are disclosed together in exactly the same format in the prior art, be it a single prior art or a combination of prior arts.
6. Patentability Opinion
The patentability opinion is a summary of the patentability analysis written in the form of an existing overlap or a lack of overlap between the features of the invention and the prior art references. An extensive opinion written by a patent attorney includes separate assessment of the patent eligibility from the perspective of novelty as well as inventive step.
7. Disclaimer
Adding a disclaimer at the end is important.
Valuation of Patents and Intellectual Property AssetsRahul Dev
Patent Valuation process covers analysis of scope of patent claims along with risk assessment and financial projections.
Source: https://patentbusinesslawyer.com/patent-valuation-valuation-of-intellectual-property-assets/
Patent valuation process includes overview of patent and valuation aspects followed by patent valuation approach. Overview of patent covers reviewing patent filing date, patent priority date, countries where patent has been granted, title and abstract of patent, along with scope of granted patent claims.
Patent Valuation Procedure
The patent valuation procedure covers the NPV (Net Present Value), Future Value Forecast, and, Financial Modelling to Estimate Cash Flows. The cash flows are estimated with discounting for patent contribution and discounting for patent risk assessment.
Patent Risk Assessment
The risk assessment of a granted patent is aimed at analyzing the validity of granted patent claims, possibilities of design around patents, and potential risks associated with infringement lawsuits.
Patent Valuation Approach
The patent valuation approach covers different factors, like, the size of market, market share, annual growth rate, per unit price, profit margin, and feasibility of making the patented product.
Patent Valuation Methods
The patent valuation is done by different approaches. Two methods are basically used for patent valuation
1) Quantitative Approach - which uses numerical and economic data to measure the value of the intellectual property.
2) Qualitative Approach - where the analysis of the potential uses of the intellectual property is done. It deals with the opportunities and risk associated with the intellectual property of the company.
The methods used in qualitative approach are:
A. Cost method
This approach indicates that the patent’s value is the replacement cost, which is the amount that it would cost to replace the item. Simply put, it would be the amount it would cost to replace the invention.
B. Income method
The patent’s value will be the present value of the cash flow or cost savings that it will help provide. For example, let’s say a company patents a product. The reason for patenting the product is because the company is expecting to increase its capital based on the sale of that product, or may expect to save money based on the invention.
Therefore, that expected amount will be the value of the patent when using the income method. This method can be further divided into ‘profit contribution’ and ‘royalty.’ The profit contribution is the profit credited to a patent. The royalty is the income stream expected if a licensing agreement is entered into.
C. Market method
Using this method, you’ll need to determine what a potential buyer would pay for a similar product or service. Therefore, you can value your patent by looking at similar patents.
Software Patent Case Study - Trademark Filing and Contract DraftingRahul Dev
Recently, a mid-size Software Development Company approached our firm to perform due diligence of its business model with a view to determine potential legal risks. The goal was to rectify the risks for efficient working of the company with minimum legal liability and strengthen intangible assets of the company for increased business valuation.
Deliverables:
(a) We filed two patents covering #IoT and #AI products developed by the client, thereby handholding the client from services to products.
(b) We filed trademark applications in six relevant classes covering all the business aspects.
(c) We drafted strong contracts to cover client's interest during project development transactions while providing services, hiring contracts to ensure best practices while balancing employer's and employee's interests, and fundraising documents (pitch decks, financial projections, term sheet and shareholders agreement) to bring an angel investor onboard.
#business #technology #patents #legal #strategy #investments
Software Patents in India - How to File a Patent ApplicationRahul Dev
Overview of software patents in India. Guide to file a patent application in India. Insights by patent attorneys in India
Here are 5 steps to draft patent claims and write patent applications for inventions and technologies belonging to the field of Software, Mobile Apps, Cloud Computing or Internet of Things (IoT): https://patentbusinesslawyer.com/2018/03/23/how-to-get-a-patent-in-india-for-software-mobile-applications-and-computer-related-inventions-iot-internet-of-things-patent-landscape/
Thoroughly understand the innovation as a problem-solution approach
Prepare flow diagrams (flowcharts) to cover all aspects of the processes disclosed by the innovation.
Prepare system architecture (block diagrams) illustrating all hardware elements connected via network
Ensure proper sync between the flowcharts and block diagrams
Draft patent claims (system or apparatus) covering all elements of block diagrams along with process (method) claims
Conduct a patentability search of the prior art available in the public domain is advisable before filing the software patent application. The software patent strategy includes the steps of reviewing non-patent literature documents like journal, newspaper articles, magazine articles, books, conference materials, brochures, and research reports.
Why are Software Patents not available in India?
When the set of patent claims are written for web based software just stating various method steps and without disclosing what apparatus and/or structural component are carried out by the said steps in that case the invention falls within scope of clause (m) of section (3) of the Patents Act, 1970 (as amended).
Software Patents Granted in India
Patent applications claiming computer related innovations, software and mobile applications can be patented in India if patent claims are drafted to protect the innovative aspects of such inventions. Specifically, the innovative aspects can include inventive process / methods along with inventive apparatus / system (hardware components).
https://patentbusinesslawyer.com/2017/03/03/role-of-patent-attorney-internet-of-things-technology-and-iot-laws/
Drafting Software Patents: Writing a patent application for software or mobile applications and drafting corresponding patent claims are highly technical jobs. Drafting various sections of a patent application is really challenging, as these have to be in accordance with formats specified by the patent office. Specifically, writing patent claims is most crucial part of patent drafting process: https://www.techlaw.attorney/ultimate-cheat-sheet-for-drafting-software-patents-patent-application-writing-guide/
What are the advantages of filing a patent?
A patent offers legal protection for new innovations and business ideas by securing the rights of the inventors. Drafting and filing of patent application is a comprehensive process involving identifying novel and inventive features of the invention, conducting a prior art search covering patent and non-patent literature, determining patentability of invention, drafting strong set of patent claims and writing detailed description of invention enlisting best mode of working, filing of patent application and complying with all applicable procedures, handling patent office objections by way of amendments and arguments, obtaining patent registration certificate, and paying the renewal fee to maintain the status of patent.
Patent attorneys are licensed by the patent office to solve patent related problems for the clients. Job of patent attorney begins from the initial stage of patent search, and continues till patent prosecution stage that includes regular interaction with the patent office to counter the objections raised by the patent examiner by way of patent office actions. Patent attorneys also manage international patent filings through network of foreign patent counsels that results in creation of a global patent portfolio. Patent attorneys also investigate potential patent infringement by third-parties, and work closely with clients in enforcing patent rights by way of cease and desist notices, patent oppositions, patent infringement lawsuits etc.
Patent Searching Guide - Conducting Patent Searches in AsiaRahul Dev
Patent Searching Guide for Conducting Patent Searches in Asia - China, Japan, Korea, Singapore, Malaysia, India, Indonesia, Hong Kong - Patent Attorney for Filing PCT Foreign Patents
Internet of Things (IoT) and Connected Cars - Patent Landscape Highlighting T...Rahul Dev
Smartphone patent litigations across the world gained traction during early years of influx of path-breaking devices, including the likes of Apple iPhone and Samsung series (S, Note, Galaxy etc.). Most of such lawsuits seem to have settled by now excluding a few that are still ongoing but the battlefront of patents in mobile technology has now shifted to a new sector, i.e. in-car technology facilitating connected cars via digital dashboards that represents one of the hottest categories among Internet of Things (IoT).
Going by technology trends, future of tech innovations strongly depends upon the Internet of Things, commonly referred to as IoT, which facilitates communication between everyday objects via Internet. Such communication is amplified and brought to consumer utility by the powerful smartphones, tablets and wearable devices.
Patent Strategy – IoT and Connected Cars
Companies working in technology sectors such as IoT and Connected Cars, which are capable of disrupting the industry, need to have a well-formulated patent strategy in place to tackle the associated challenges. First and foremost, it is crucial to analyse appropriate Freedom To-Operate (FTO) by reviewing scope of existing patents with a view to obtain product clearance and to avoid patent infringement. Secondly, validity of in-house patents has to be ascertained along with patentability analysis of in-house innovations. Lastly, a strong and enforceable patent strategy can be formulated if global patent landscape studies are conducted as innovations in the field of IoT and Connected Cars are spanned across multiple jurisdictions.
Patent Basics and Intellectual Property Rights Rahul Dev
Intellectual Property Rights, Basics of Patents, Case Studies & Examples for Business Owners Technology Companies, Startups and Research Institutes - Expert insights by patent attorneys and international business lawyers - http://www.techlaw.attorney
IPR Protection for Hardware Startups - Patents, Trademarks, Copyrights and De...Rahul Dev
Importance of patents and other intellectual property rights (Patents, Trademarks, Copyrights and Designs) for technology and hardware startups
Basics of Intellectual Property Rights for Hardware Startups
Considering the dynamically changing landscape of hardware products due to latest developments in technology and introduction of lean manufacturing methods, it has become feasible to launch a hardware startup that solves a real world problem.
However, while starting a business involving hardware as core product, adequate considerations must be given to issues related to Intellectual Property Rights (IPR).
IPR Protection for Hardware Startups - Patents, Trademarks, Copyrights and Designs from Rahul Dev, Advocate, Patent Attorney, Trademark Lawyer, India
Hardware vs. Software
While discussing intellectual property (IP) protection with regards to latest technological developments, most of attention is attributed towards software, especially software patent protection, subject matter eligibility with reference to latest court decisions, and copyright protection for software code. Whereas in case of hardware related products, IP protection is entirely different.
During the course of product development, hardware is different from software as software product development broadly includes the steps of working on the concept, developing the prototype, and evaluating whether the product is sellable or not. In contrast, hardware product development requires an additional step of evaluating whether it is feasible to manufacture the hardware product.
Prototyping and Crowdfunding
Subsequently, to evaluate if it is possible to manufacture the hardware, prototyping of the product is extremely crucial. However, it is a cost intensive process and hence, crowdfunding is a favourable option. Few famous crowdfunding websites include the likes of Kickstarter and Indiegogo. Kickstarter is a quick and easy way to turn ideas into reality, however, when it comes to IPR, crowdfunding sites are like a can of worms.
Exclusivity of Idea
One of the major issues of raising funds via sites like Kickstarter and Indiegogo is to ensure exclusivity of the idea. In case product is not exclusive, anyone is free to execute without obtaining any permissions from the original owner. Therefore, establishing ownership of product is must before initiating the crowdfunding process.
Design Registration
IPR protection for hardware is not limited to patents, and design rights act as an important ownership tool to protect the product. It is very common for competitors to copy the aesthetic looks of a product as consumers relate to products majorly based on the looks. For example, Apple vs. Samsung lawsuit in US was based on infringement of design patents, in addition to utility patents.
Whats exactly wrong with Uber - Legal Issues in Marketplace Services Business...Rahul Dev
Uber’s real problem is conflict of interest. Uber operates (or pretends to operate) and legally structures itself as a technology company but ends up providing taxi services, without obtaining required licenses and permits as required by local laws of each city.
Patents Granted by Indian Patent Office in August 2014 - OverviewRahul Dev
Indian Patent Office grants patent after thorough patent examination process and granted patents in India are published by the patent office every Friday by way of Indian Patent Office Journal.
Here is a brief overview of patents granted by the patent office in August 2014
Elon Musk Has Promised Not To Enforce Tesla Patents - Here Are 5 Similar Exam...Rahul Dev
Tesla recently published a blog that Tesla is opening up its patents to competitors and will not initiate patent infringement lawsuits against any party that wishes to develop further technologies based on Tesla Patents, all in good faith.
It does not imply that tesla is joining Open Source movement, Tesla's press release begins with a dramatic statement, “Yesterday, there was a wall of Tesla patents in the lobby of our Palo Alto headquarters. That is no longer the case. They have been removed, in the spirit of the open source movement.”
It is a strategic and well thought-out business decision. There are two ways to increase your revenue: (1) fight for a larger market share; (2) increase the size of the market.
In the world of electric cars, which represent less than two per cent of automobile market, the competition comes not from other electric car makers, but from cars that run on gasoline. Fighting for a larger market share makes little sense, particularly for Tesla, the undisputed market leader. Consumers don’t rush to buy electric cars because there are not enough charging stations. And businesses do not rush to invest in building charging stations until there are enough cars to use them. The solution: never mind your slice; increase the size of the pie. Patents don’t help to do that. They serve as entry barriers. Hence, the logical solution is to open the patents to competition.
There are more such examples of free patent licensing by HP, GSK and other companies.
Health and Fitness Tracking Devices - Trends 2014 | Top Players: Apple, Nike,...Rahul Dev
Health & Fitness Tracking Trends: 2014
Rahul Dev is a recognized industry expert in Intellectual Property, Patent Strategy & Technology Consulting. He assists clients in formulating profitable and sustainable Patent & IP Strategy for international business.
As a Patent Attorney & Business Lawyer, he is invited to speak at various International events, News Channels, National & International Conferences, Workshop for CEOs, Govt. Events.
He is an active blogger & his views have been published by International Publications, Economic Times, Law Journals, Tech Magazines, Digital News Networks.
International Law Firms, Executives from Technology Corporations, Investors, Entrepreneurs & Startups worldwide (US, EU & Asia Pacific) consult him on Patents, Trademarks, Intellectual Property Rights, Product Strategy, Technology Development, Corporate & Securities Law, Technology Ventures, Financing, Fundraising and International Business Advisory.
He works closely with patent attorneys worldwide for patent drafting, prior art searches & patent research (analytics), in field of Software Patents, Wireless Communications Patents, Mechanical Patents, Medical Devices, Healthcare, Life Sciences & Genetic Engineering Patents.
He serves as SME & Startup Mentor @SMBconnect.in & visiting faculty at Global Institute of Intellectual Property (GIIP).
His qualifications are BS, MS, MBA & LLB (JD).
He is member of Bar Council of India, Delhi Bar Council, Indian Patent & Trademark Office, Delhi High Court Bar Association.
In past, Rahul has worked with Amarchand Mangaldas, largest Indian Law Firm.
As a business savvy technology lawyer & strategic patent attorney, he serves as:
✈ Founder & Director, Tech Corp International Consultants (Singapore), APAC Technology, Business & Management Consulting Company
✈ Founder & Partner, Tech Corp Legal LLP, Indian law firm (BioCorpLegal & CyberCorpLegal Services)
✈ Closely associated with two international patent law firms (US, Asia)
Specialties: Litigation, Patent Litigation, Patent Infringement, Corporate & IP Strategy, Startups: Incorporation, Funding, Brand Management, Contracts & Agreements, Legal Research, SWOT, Corporate Governance, Due-diligence, Mergers & Acquisitions, Antitrust & Competition Laws, Regulatory Affairs, Freedom-to-Operate, Patent Drafting, Claim Drafting, Patent Searches, Office Actions Response, USPTO Patent appeal briefs, Patent Invalidation Analysis, Patent Opposition, Product-Claim Mapping, Patent Enforcement
Analysis of online website terms and conditions of use between amazon flipkar...Rahul Dev
Website and online terms and conditions at reasonable fixed price from Indian Web lawyer| Internet Cyber Lawyer in India
Details: http://wp.me/p2PCVq-NS
Website terms create a binding contract between the buyer and the seller
Although the terms are drafted to secure seller’s interest, consumer rights shouldn’t be ignored
Businesses should also take strict measures to protect their own intellectual property rights by filing appropriate copyrights, trademarks, patents and design protections both domestically and internationally, which ensures strong brand protection in the digital world.
Difference between Microsoft Nokia Acquisition and Google Motorola Deal - Pat...Rahul Dev
Microsoft reaches $7.2B deal for Nokia smartphones business. Microsoft acquires comprehensive patent portfolio of all Nokia Devices, and license and use Nokia’s mapping services
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
3. In case of patent infringement, there are two types of damages: (a) Loss Profits,
and (b) Reasonable Royalty. Loss profits imply additional profits that the patent
owner would have made if there had been no patent infringement. Reasonably
royalty on the other hand implies minimum damages that a patent owner can
receive pertaining to a reasonable amount that someone would have agreed to pay
to the patent owner for using the patented technology and patent owner would have
accepted.
How to calculate damages during patent infringement?
In case of patent infringement, there are two types of damages: (a) Loss
Profits, and (b) Reasonable Royalty. Loss profits imply additional profits
that the patent owner would have made if there had been no patent
infringement. Reasonably royalty on the other hand implies minimum
damages that a patent owner can receive pertaining to a reasonable
amount that someone would have agreed to pay to the patent owner for
using the patented technology and patent owner would have accepted.
4. In case of patent infringement, there are two types of damages: (a) Loss Profits,
and (b) Reasonable Royalty. Loss profits imply additional profits that the patent
owner would have made if there had been no patent infringement. Reasonably
royalty on the other hand implies minimum damages that a patent owner can
receive pertaining to a reasonable amount that someone would have agreed to pay
to the patent owner for using the patented technology and patent owner would have
accepted.
Provisions related to Patent Damages as per US Patent Law
In accordance with the provisions of US patent laws (35 U.S. Code §
284 – Damages), section 284 states that a patentee is entitled to
damages adequate to compensate for any infringement and that
compensation cannot be less than a reasonable royalty for the use
made of the invention by the infringer.
5. In case of patent infringement, there are two types of damages: (a) Loss Profits,
and (b) Reasonable Royalty. Loss profits imply additional profits that the patent
owner would have made if there had been no patent infringement. Reasonably
royalty on the other hand implies minimum damages that a patent owner can
receive pertaining to a reasonable amount that someone would have agreed to pay
to the patent owner for using the patented technology and patent owner would have
accepted.
How to determine “reasonable royalty” damages?
In past, various federal courts in US have clarified that in case patentee
is unable to prove actual damages (i.e. loss profits), there exists no
single methodology to determine reasonable royalty damages.
6. In case of patent infringement, there are two types of damages: (a) Loss Profits,
and (b) Reasonable Royalty. Loss profits imply additional profits that the patent
owner would have made if there had been no patent infringement. Reasonably
royalty on the other hand implies minimum damages that a patent owner can
receive pertaining to a reasonable amount that someone would have agreed to pay
to the patent owner for using the patented technology and patent owner would have
accepted.
Standard Essential Patents (SEPs)
Technical standard across various industries are defined by standards
organizations (SDOs) that can be patented by private companies to
protect their research and development activities. Such patents relating
to standardized technology may be used by patent owners to pressurize
the market and create monopoly to prevent competition. Accordingly, the
SDOs require their participants do disclose patents covering standards
prior to adoption.
7. In case of patent infringement, there are two types of damages: (a) Loss Profits,
and (b) Reasonable Royalty. Loss profits imply additional profits that the patent
owner would have made if there had been no patent infringement. Reasonably
royalty on the other hand implies minimum damages that a patent owner can
receive pertaining to a reasonable amount that someone would have agreed to pay
to the patent owner for using the patented technology and patent owner would have
accepted.
Standard Essential Patents (SEPs)
SDOs further require the patent owners to license such patents on “fair,
reasonable and non-discriminatory” (FRAND) terms. However, FRAND
terms have been core of various patent infringement lawsuits,
specifically in the smartphone industry, wherein the industry standard
covers core features of any smartphone, such as, for example, wireless
connectivity (WiFi), Bluetooth, GPS (location capabilities), and the like.
8. In case of patent infringement, there are two types of damages: (a) Loss Profits,
and (b) Reasonable Royalty. Loss profits imply additional profits that the patent
owner would have made if there had been no patent infringement. Reasonably
royalty on the other hand implies minimum damages that a patent owner can
receive pertaining to a reasonable amount that someone would have agreed to pay
to the patent owner for using the patented technology and patent owner would have
accepted.
WiFi Standard Essential Patents (SEPs)
IEEE (Institute of Electrical and Electronics Engineers) has specified the
802.11 standard for several specifications of WLANs that defines an
over-the-air interface between a wireless client and a base station or
between two wireless clients. There are several specifications in the
802.11 family and this family is one of the important building blocks to
the intersection of computing and consumer entertainment.
9. In case of patent infringement, there are two types of damages: (a) Loss Profits,
and (b) Reasonable Royalty. Loss profits imply additional profits that the patent
owner would have made if there had been no patent infringement. Reasonably
royalty on the other hand implies minimum damages that a patent owner can
receive pertaining to a reasonable amount that someone would have agreed to pay
to the patent owner for using the patented technology and patent owner would have
accepted.
CSIRO v. Cisco – Judge Davis’s Damages Calculation of Reasonable Royalty
On July 23, 2014, US District Court for the Eastern District of Texas
determined reasonable royalty damages for WiFi standard essential
patent owned by CSIRO, which is stipulated to be valid, infringed and
essential to several versions of the IEEE 802.11 WiFi standard wherein
RAND (reasonable and non-discriminatory) terms were applicable to
one version of the standard, but not others.
What CSIRO (patent owner) wanted?
A per-end product reasonable royalty of about $30 million
Cisco’s Argument: A per WiFi chip reasonable royalty of about $1.1
million
10. In case of patent infringement, there are two types of damages: (a) Loss Profits,
and (b) Reasonable Royalty. Loss profits imply additional profits that the patent
owner would have made if there had been no patent infringement. Reasonably
royalty on the other hand implies minimum damages that a patent owner can
receive pertaining to a reasonable amount that someone would have agreed to pay
to the patent owner for using the patented technology and patent owner would have
accepted.
Judge Davis’s Decision
The judge rejected both damages models that were put forward by
Cisco and CSIRO. The judge also found that the patent plays a
“significant role” in the success of 802.11 products, and derived his own
per-end-product reasonable royalty damages award of about $16
million.
11. In case of patent infringement, there are two types of damages: (a) Loss Profits,
and (b) Reasonable Royalty. Loss profits imply additional profits that the patent
owner would have made if there had been no patent infringement. Reasonably
royalty on the other hand implies minimum damages that a patent owner can
receive pertaining to a reasonable amount that someone would have agreed to pay
to the patent owner for using the patented technology and patent owner would have
accepted.
Importance of Bench Trial Decision
This ruling is an important one as the judge has determined a royalty
rate for a standard essential patent by considering previous
infringement damages. However, the ruling does not fix a RAND-royalty
rate per se. In addition, although the patent was essential to the industry
standard, the judge decided that no RAND-obligation is applicable to
almost all of the accused patent infringement because the patent owner
gave the IEEE a letter of assurance RAND-commitment as to only
revision “a” of the standard and refused IEEE request to give such a
commitment for later versions of the standard.
12. In case of patent infringement, there are two types of damages: (a) Loss Profits,
and (b) Reasonable Royalty. Loss profits imply additional profits that the patent
owner would have made if there had been no patent infringement. Reasonably
royalty on the other hand implies minimum damages that a patent owner can
receive pertaining to a reasonable amount that someone would have agreed to pay
to the patent owner for using the patented technology and patent owner would have
accepted.
Background
The decision relates to US Patent No. US5487069 titled “Wireless LAN”
(http://www.google.com/patents/US5487069) that is owned by
Commonwealth Scientific and Industrial Research Organization
(“CSIRO”), which is the principal scientific research organization for the
Australian Federal Government. The WiFi patent relates to solve
multipath problems in a wireless local area network and discloses a
wireless LAN incorporating forward error correction, frequency-domain
interleaving, and multi-carrier modulation, among other techniques to
solve such challenges.
13. In case of patent infringement, there are two types of damages: (a) Loss Profits,
and (b) Reasonable Royalty. Loss profits imply additional profits that the patent
owner would have made if there had been no patent infringement. Reasonably
royalty on the other hand implies minimum damages that a patent owner can
receive pertaining to a reasonable amount that someone would have agreed to pay
to the patent owner for using the patented technology and patent owner would have
accepted.
Background
In 1999, the Institute of Electrical and Electronics Engineers (“IEEE”)
ratified the 802.11a standard, which embodies the core technology of
the ’069 Patent. In 2003, the IEEE ratified the 802.11g standard, which
also embodies the technology of the ’069 Patent. CSIRO filed this suit
against Cisco on July 1, 2011 asserting infringement of the ’069 Patent.
14. In case of patent infringement, there are two types of damages: (a) Loss Profits,
and (b) Reasonable Royalty. Loss profits imply additional profits that the patent
owner would have made if there had been no patent infringement. Reasonably
royalty on the other hand implies minimum damages that a patent owner can
receive pertaining to a reasonable amount that someone would have agreed to pay
to the patent owner for using the patented technology and patent owner would have
accepted.
Background
On March 19, 2013, the Court approved a joint stipulation by the parties
to try this case solely as to damages, because liability would not be
argued or contested. The parties further agreed the scope of accused
products would be all products that practice any of the IEEE’s 802.11a,
802.11g, 802.11 draft-n, 802.11n, 802.11 draft-ac, or 802.11ac
standards, made in, used in, sold in, offered for sale in, or imported into
the United States by Cisco or its subsidiaries, and that did not
incorporate a “Licensed Wi-Fi Chip.” Linksys products are included
because of Cisco’s acquisition of Linksys in 2003.
15. In case of patent infringement, there are two types of damages: (a) Loss Profits,
and (b) Reasonable Royalty. Loss profits imply additional profits that the patent
owner would have made if there had been no patent infringement. Reasonably
royalty on the other hand implies minimum damages that a patent owner can
receive pertaining to a reasonable amount that someone would have agreed to pay
to the patent owner for using the patented technology and patent owner would have
accepted.
The Ruling
Cisco’s Estoppel Affirmative Defenses (Denied)
Although the parties stipulated to try this case as to damages only,
Cisco raised the affirmative defenses of legal and equitable estoppel.
The ruling states: “To establish a defense of equitable estoppel, Cisco
must demonstrate that: (1) CSIRO communicated something in a
misleading way by words, conduct, or silence; (2) Cisco relied upon that
communication; and (3) Cisco would be materially harmed if CSIRO is
allowed to assert any claim inconsistent with its earlier communication.
16. In case of patent infringement, there are two types of damages: (a) Loss Profits,
and (b) Reasonable Royalty. Loss profits imply additional profits that the patent
owner would have made if there had been no patent infringement. Reasonably
royalty on the other hand implies minimum damages that a patent owner can
receive pertaining to a reasonable amount that someone would have agreed to pay
to the patent owner for using the patented technology and patent owner would have
accepted.
The Ruling
Cisco’s Estoppel Affirmative Defenses (Denied)
See A.C. Aukerman Co. v. R.L. Chaides Constr. Co., 960 F.2d 1020,
1041 (Fed. Cir. 1992) (en banc). Legal estoppel requires that CSIRO
granted Cisco certain rights, received consideration for those rights, and
then sought to derogate from the rights granted.” Therefore, judge ruled
that Cisco’s legal and equitable estoppel defense did not apply except
for products practicing revision “a” of the 802.11 standard, which would
require RAND licensing terms.
17. In case of patent infringement, there are two types of damages: (a) Loss Profits,
and (b) Reasonable Royalty. Loss profits imply additional profits that the patent
owner would have made if there had been no patent infringement. Reasonably
royalty on the other hand implies minimum damages that a patent owner can
receive pertaining to a reasonable amount that someone would have agreed to pay
to the patent owner for using the patented technology and patent owner would have
accepted.
The Ruling
Damages Model Proposed by CSIRO’s (Rejected)
As per CSIRO arguments, the end product devices (network interface
cards, routers, access points) were the smallest saleable patent
practicing unit. CSIRO further argued that its patent provides the only
“improved benefits” between revisions of the standard covered by the
patent and other revisions; therefore, the difference in profit margins
between covered and not-covered products “largely represents the
value attributable to the ’069 Patent.”
18. In case of patent infringement, there are two types of damages: (a) Loss Profits,
and (b) Reasonable Royalty. Loss profits imply additional profits that the patent
owner would have made if there had been no patent infringement. Reasonably
royalty on the other hand implies minimum damages that a patent owner can
receive pertaining to a reasonable amount that someone would have agreed to pay
to the patent owner for using the patented technology and patent owner would have
accepted.
The Ruling
Damages Model Proposed by CSIRO’s (Rejected)
However, Judge did not agree and found issues with the large disparity
in profit margins between covered and non-covered products – over $84
difference for consumer products and over $200 difference for
enterprise products; that disparity made it “impossible to reliably
determine where the value of the patented technology lies.” The expert
also had problems in apportioning value to the patented technology
distinct from unpatented features. For example, “802.11g is backwards
compatible with 802.11b, a feature not specifically attributable to the
’069 Patent, but which adds value to the consumer” not accounted for in
CSIRO’s damages model.
19. In case of patent infringement, there are two types of damages: (a) Loss Profits,
and (b) Reasonable Royalty. Loss profits imply additional profits that the patent
owner would have made if there had been no patent infringement. Reasonably
royalty on the other hand implies minimum damages that a patent owner can
receive pertaining to a reasonable amount that someone would have agreed to pay
to the patent owner for using the patented technology and patent owner would have
accepted.
The Ruling
Damages Model Proposed by Cisco (Rejected)
Cisco argued that the royalty should be based on WiFi chip prices
capped at the royalty rate that CSIRO gave Radiata under the TLA
agreement between them, where the inventive concept resides in the
chip. As may be seen in the ruling, Cisco’s licensing model was rejected
because it relied primarily on the TLA agreement, which was a unique
agreement given the relationship between CSIRO and its business
partner that was not comparable to the hypothetical negotiation for
CSIRO-Cisco license.
20. In case of patent infringement, there are two types of damages: (a) Loss Profits,
and (b) Reasonable Royalty. Loss profits imply additional profits that the patent
owner would have made if there had been no patent infringement. Reasonably
royalty on the other hand implies minimum damages that a patent owner can
receive pertaining to a reasonable amount that someone would have agreed to pay
to the patent owner for using the patented technology and patent owner would have
accepted.
Conclusion from the Ruling
While delivering the judgment, the judge assumed a hypothetical
negotiation in 2002/2003 with no “discount” for uncertainty as to liability
given the assumption that the patents were valid and infringed. Judge
Davis found a base starting royalty rate based on the Voluntary
Licensing Program licensing rate and a 90-cents per end-product
licensing offer Cisco made during negotiations, the latter being “the best
evidence available of how Cisco valued the contribution of the ’069
Patent … and is the best indicator of Cisco’s possible bid price at the
time of the hypothetical negotiation.” Judge Davis then considered
various Georgia-Pacific factors for adjusting this starting royalty rate, as
may be seen in full copy of court order: CSIRO-v.-Cisco