...set off for the field of pixie fairies. Ezra trudged through the petunia filled fields where the pixie fairies play. He thought, “These are the most annoying creatures in The Great East, even worse than the trolls!” As they pulled his ears and flicked his nose he scrunched his face and just kept walking. He left the fields and the last stop on his way to the Kingdom was the haunted forest. It was said to be filled with the scariest creatures in all of The Great East Kingdom. Ezra marched through the forest ready for anything. He fought off ghouls, goblins, and even evil monkeys. It took him eight straight hours to walk through it even without a rest break! But he made it through and standing before him was the glorious Great East Kingdom...
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...Market Mix: The Best Bang For Your Buck American InterContinental University April 5, 2012 Donald Buehrig Busn105-1202A-269: Introduction to Business Unit 3 Individual Project Abstract In this paper you will see how you can use the market mix to do research on a particular product. Using the four p’s to narrow down your choice in a flooded market makes you realize that everything that we buy has been thru some sort of research on how to appeal to the consumer. Choosing a product is easy, but choosing the right product takes some time to pick what would work best for the situation. This paper shows you that when marketing a product know the environments the surround your customer. For this paper the product was priced with in the budget, had a reliable product, placed in the right graphic area and promoted to the need of the customer. When choosing a product you must consider what the product means to you. I ask myself this question, “why do I want or need this product” before I purchase any large product. Once I answer this question then I start shopping around looking for the product that fits best. I have been in the market for a new trolling motor and decided on the Minn Kota riptide. Let me explain how I used the market mix in making my decision. First I put a limit on the price I was willing to pay for a trolling Motor. I was willing to pay a descent price for a descent product. Now what makes this product a descent product or is it worth the price is...
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...Many people believe what they see or read on the Internet. It can change how they view topics and can alter their beliefs. This is one of the many ways the Alt. Right, an emerging white supremacy group can recruit new people into their party. Many Alt. Right supporters come from the internet and often just call themselves “trolls”. Before the term Alt. Right gets used more thoroughly, it must be defined. The article on Teaching Tolerance titled What is the Alt-Right and written by Cory Collins defines the term as “an umbrella term encompassing right-wing ideals at odds with establishment, conservatism, and multicultural society” (Collins). This boils down to that the Alt. Right hates any race other than Caucasians and believes that they...
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...In this case we will be talking about the company RIM (Research in Motion) and some of the Challenges they faced to protect their Intellectual Property. Research in Motion is best known as the developer of the Blackberry smartphone. Research in Motion was involved on several Patent Litigation with the different competitors. On 1999 Glenayre Technologies (formerly known as Glenayre Electonics) filed a patent infringement suit against RIM claiming that the Inter@ctive pager line used Glenayre’s power-generation from dual battery process. This litigation caused a delay on RIM’s contract renewal with the BellSouth company and also their quarterly earnings report came with lower than expected results. In order to get new customers RIM signed an agreement with Dell Computer and Dell started selling Blackberry to large corporate accounts. On 2001 RIM replied back to Glenayre filing a suit against them for infringing on RIM’s “Single Mailbox Integration” patent. Research in Motion won this patent and allowed them to collect royalties from other mobile device makers that were planning on utilizing this technology. On 2002 Research in Motion filed the first of four suits against Good Technology for misappropriation of trade secrets, this dispute continued until 2004 where they settled an agreement. Good Technology agreed to pay a sum of money and quarterly licensing fees. Another legal dispute was the patent for the keyboard design against Handspring for its Treo device but...
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...August 2011 I realized recently that we may be able to solve part of the patent problem without waiting for the government. I've never been 100% sure whether patents help or hinder technological progress. When I was a kid I thought they helped. I thought they protected inventors from having their ideas stolen by big companies. Maybe that was truer in the past, when more things were physical. But regardless of whether patents are in general a good thing, there do seem to be bad ways of using them. And since bad uses of patents seem to be increasing, there is an increasing call for patent reform. The problem with patent reform is that it has to go through the government. That tends to be slow. But recently I realized we can also attack the problem downstream. As well as pinching off the stream of patents at the point where they're issued, we may in some cases be able to pinch it off at the point where they're used. One way of using patents that clearly does not encourage innovation is when established companies with bad products use patents to suppress small competitors with good products. This is the type of abuse we may be able to decrease without having to go through the government. The way to do it is to get the companies that are above pulling this sort of trick to pledge publicly not to. Then the ones that won't make such a pledge will be very conspicuous. Potential employees won't want to work for them. And investors, too, will be able to see that they're the...
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...Running head: PATENT TROLLS Outline: Patent Trolls Tadeh Grigorian, Sara Lovdahl, Linsey Mounsey, Melony Whitecloud, University of Phoenix COM/440 Learning Team C Facilitator: Chad Schatzle Patent Trolls References Bessen, J., Ford, J., & Meurer, M. J. (2012). The private and social costs of patent trolls. Regulation, 34(4), 26-35. Retrieved from http://search.proquest.com/docview/920096721?accountid=458 Catelli, A. (2014). Patent trolls get greedy across the globe. Inside Counsel.Breaking News, Retrieved from http://search.proquest.com/docview/1500277849?accountid=458 Catelli, A. (2014). The top 10 businesses targeted by patent trolls. Inside Counsel.Breaking News, Retrieved from http://search.proquest.com/docview/1503758911?accountid=458 Common Sense Solutions to the Patent Troll Problem. (2011). Retrieved from http://www.patentprogress.org/patent-troll-reform/common-sense-solutions-to-the-patent-troll-problem/ Intellectual Property: The Assessment OXF REV ECON POLICY (2007) 23 (4): 529-540 LaFuze, W. L., & Ruble, R. R. (2007). Patent trolls. The IP Litigator : Devoted to Intellectual Property Litigation and Enforcement, 13(2), 31-36. Retrieved from http://search.proquest.com/docview/219970937?accountid=458 Lemley, M. A., & Melamed, A. (2013). MISSING THE FOREST FOR THE TROLLS. Columbia Law Review, 113(8), 2117-2189. Lu, J. ". (2012). The myths and facts of patent troll and excessive payment: Have nonpracticing entities (NPEs) been overcompensated? Business...
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...Patent Markets: "Pirates after All" Analysis of Markets Patent Markets: "Pirates after All" Are we facing the "pirates" of the 21st century; who are lurking the vast waters of patent markets for the next caravel loaded with gold? Let’s begin by understanding what patents are according to The United States Patent and Trademark office, patents are there to "promote the progress of science and the useful arts by securing for limited times to inventors the exclusive right to their respective discoveries," in other words, patents are legally supported with the purpose to promote invention by granting a limited monopoly (up to 20 years) to the inventor in return for the disclosure of the invention. The patent market is inefficient according to the article "The New Patent Intermediaries: Platforms, Defensive Aggregators, and Super-Aggregators," by A. Hagiu and D.Yoffie, because patents by definition are unique (inventions) meaning they lack counterparts which in turn are used in markets to estimate an asset’s value. In contrast, take for example the housing market; the real estate appraiser would compare the prices of the neighbourhood houses (counterparts) in order to estimate the value of your property. Given that patents lack equivalents it is almost impossible to estimate a patent’s value. Where there is inefficiency in the markets there seems to be a profitable opportunity for intermediaries to help solve the problem, however, it does not seem the case and one...
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...Case Study 1 - Amgen Evaluate Amgen’s patenting strategy. What are its strengths, what are its weaknesses? Amgen is a multinational biopharmaceutical company, one of the world's largest biotechnology firms in the world. Amgen's first product was its breakthrough with recombinant human erythropoetin (EPO) as a treatment for anemia. It was crucial for the company to do all within its power to protect its intellectual property (IP). For this purpose Amgen's patent strategy included filling for three separate patents which would cover all its bases including the final product, starting material and the process. The first and most important patent the company filed was for the final product, recombinant human EPO. This patent is the strongest way to protect its IP as it prevents competitors producing, using, marketing, selling and importing the final product allowing exclusivity to Amgen. The drawback of this patent is the difficulty to achieve and sustain it. In order to receive a final product patent the company must prove that its product is innovative. If the final product has been described or published previously in any form this can be used as grounds to reject the request for the patent as it is considered prior art. Moreover it can be used to revoke the patent once received. Since EPO is a purified human protein most likely discovered previously in its naturally occurring form it will be very difficult for Amgen to patent it. The second patent that the company filled...
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...The Plavix Case A patent is essentially a limited monopoly whereby the patent holder is granted the exclusive right to make, use, and sell the patented innovation for a limited period of time. Granting exclusive rights to the inventor is intended to encourage the investment of time and resources into the development of new and useful discoveries. Baron noted that “Patents are the driving force in the pharmaceutical industry, providing strong incentives for research, development, and testing of new chemical entities.” A patent on a new drug and approval for marketing by the Food and Drug Administration gives the innovating company a monopoly on the sale of the drug. A monopoly means that the company appropriates or increases its returns by charging a high price for the drug. At the expiration of a patent, generic versions of the once patented drug can be then marketed. This significantly drives the price down and increases the use of the drug. In the United States, patent infringement litigation has undergone a substantial increase the last decade. In addition, it is not uncommon to see significant damages awarded to owners of patents for infringement by competitors. One case is that of the drug Plavix, with the patent holders Bristol-Myers Squibb and Sanofi-Aventis and competitor Apotex. Bristol-Myers Squibb and Sanofi-Aventis seek a settlement rather than let the patent infringement case go to trial because Apotex had communicated that it expected imminently FDA approval...
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...Patent Trolls Patent Trolls as defined by Investopedia is a term used to describe companies or people that misuse patents as a business strategy. These patents are bought by Non-Practicing Entity’s (NPE) who buy these patents from bankrupt companies and auctions and have no intentions of developing it. Their business strategy is to do some research and file lawsuits against infringing companies. These Patent trollers cost the US Company billions of dollars each year. They disrupt the productivities of many companies and affect the whole idea of creativity and innovation in the United States. Patent trolling cost the companies $29 Billion in 2011 in direct costs and up to $80 Billion in other ancillary costs. Add to that the incalculable costs in terms of productivity and disruption of innovation and entrepreneurship. Among the ones that are most affected by this are the small and start-up companies. To give a comparison, the terrorist attack of 9/11 had an economic impact of $123 Billion whereas, patent troll lawsuits amounted to $500 Billion in lost wealth to defendants. The next question that needs to be answered is why there is a rise in this sort of unethical business. This business has a very low start-up cost which usually requires buying out junk patents or acquiring patents from bankrupt companies. This business also has a very low overhead cost Furthermore, the cost of running these sort of businesses are very...
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...Case Analysis 2 “RIM” There was a legal action between NTP and RIM over the intellectual property. RIM resolved the action. To protect its intellectual property, RIM agreed to pay $612.5 million to NTP Inc. to settle the fight. The dispute had threatened to end RIM's Blackberry e-mail service to millions of users in the U.S. and has been the subject of a four-year patent battle between the two companies. Under the agreement, RIM received rights to NTP's patents going forward. RIM made a one-time payment to NTP. Even if the U.S. Patent and Trademark Office eventually overturned NTP's patents, NTP would not have to repay the $612.5 million. There is no provision for the PTO re-exam. That was a full and final settlement. RIM and NTP briefly agreed to settle the case for $450 million in March of 2005, but that deal later fell through. RIM thought the companies had come to a final agreement, but NTP believed the matter had never been finalized, and the litigation continued. Some of the industry factors that influenced RIM… It help organizations reduce information squandering and balance technology with Information… Contribute to and shape the discussion of information worker productivity… Support the evolution of the role of CIO’s… Facilitate the development of the Information for savvy CEO’s… It shape the next generation of information of professionals… It monitors and contributes to the high visibility information issues of that day… References:...
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...What were some of the challenges that RIM faced to protect its intellectual property, and how did RIM handle those challenges? RIM’s success in the industry of wireless technology, more specifically, the e-mail wireless communications, made the organization’s intellectual property a prime target for adversaries that were not involved in the technological innovation industry, but for patent holding firms that were sitting in the background waiting patiently for a big fish to fall prey of their treachery. The success of these patent holding firms in the patent infringement litigation arena opened the gates for RIM’s industry competitors to scavenge from the patent holding company prey. Some of the challenges RIM faced to protect their intellectual property ignited a myriad of legal battles that wounded the Blackberry giant fatally from which RIM never recovered totally to this date. Below are summaries of litigation battles that originated after RIM, amongst other companies, decided to ignore a licensee contract agreement proposed by a Virginia based holding company in the year 2000. The US intellectual property holding company that sent the memorandum notice to RIM as well as to other technology companies and initiated the downfall of RIM was New Technology Products (NTP). 1. New Technology Products (NTP) Vs. Research in Motion (RIM) In 2001, NTP, an intellectual property holding company of at least 50 US patents, which focused on inventions in the fields of wireless...
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...realized recently that we may be able to solve part of the patent problem without waiting for the government. I've never been 100% sure whether patents help or hinder technological progress. When I was a kid I thought they helped. I thought they protected inventors from having their ideas stolen by big companies. Maybe that was truer in the past, when more things were physical. But regardless of whether patents are in general a good thing, there do seem to be bad ways of using them. And since bad uses of patents seem to be increasing, there is an increasing call for patent reform. The problem with patent reform is that it has to go through the government. That tends to be slow. But recently I realized we can also attack the problem downstream. As well as pinching off the stream of patents at the point where they're issued, we may in some cases be able to pinch it off at the point where they're used. One way of using patents that clearly does not encourage innovation is when established companies with bad products use patents to suppress small competitors with good products. This is the type of abuse we may be able to decrease without having to go through the government. The way to do it is to get the companies that are above pulling this sort of trick to pledge publicly not to. Then the ones that won't make such a pledge will be very conspicuous. Potential employees won't want to work for them. And investors, too, will be able to see that they're the sort of company...
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...Business can be a difficult field to work in. Companies are there to make money. Investors of companies, partners, and owners, all want the company to earn more profits and continue to increase the value of the company. At the same time, every individual in business would like to increase their net worth as well. Throughout this course we have been learning about different aspects of business law, particularly how it pertains to starting a business. As I have read articles in the Wall Street Journal, I have come to realize how much a business (whether it be a start-up or not) will go at lengths to gain a leg on competition. I noticed three ways in particular we may see this: patent infringement, bribes, and kickbacks. By these three we can see that there is an ethical issue in business, because businesses are willing to do what is not ethically right to gain an advantage. To begin with let us dive into patents. As explained in the text of book for class, patents can provide powerful protection on new products, processes and inventions (Bagley and Dauchy, 542). It is not so much the benefits that can come from having a patent but the weaknesses that can occur. Some weaknesses listed in the book include: “High standards of patentability; often expensive and time-consuming to pursue; must disclose invention to public” (Bagley and Dauchy, 572). It is that last weakness that can be an issue with dealing with patents. In the articles that I have had the opportunity to study; some...
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