...product supported by Apple iOS and Google Android platforms. Instead of being a killer of creativity the accuser might be a legitimate technology developer such as our company. The accuser may be more interested in developing newer and better versions of its product instead of getting a onetime payout. Collaboration will save both parties time and money by avoiding a long and expensive court case. It will also benefit both parties to share research and new ideas (Laudon, 2012). Nokia and HTC are a recent example of collaborations as they entered “into a collaboration agreement to provide access to each other’s patented technology to explore future projects” (Shankar, 2014). Working together will provide our business with new innovations making us more competitive. New innovations will develop an opportunity for new registered patents to our company, providing a defense system for possible future law suits. Licensing fees and royalties from new innovations will be collected by both parties creating new revenue. Avoiding court, continuing to grow and collecting revenue makes for a much more favorable scenario. Unfortunately most infringement lawsuits are made by patent trolls. They are companies created solely to hoard patents and using them for the purpose of getting a payout. They sue multiple...
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...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 email and Radio Frequency (RF) antenna design, filed a suit against RIM for patent infringement. NTP was known from actively pursuing and enforcing its patents rights primary assets accused RIM of violating its patents covering the use of RF and wireless communications in email systems...
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...SCOPE OF STANDARD ESSENTIAL PATENTS AND THER RELATION WITH FRAND (FAIR , REASONABLE AND NON DISCRIMINATORY TERMS) SUBMITTED BY : ALIFAH AHMAD TABLE OF CONTENT Topic | Page No. | 1. Introduction | 3 | 2. Litigation relating to SEP | 5 | 3. Standard Essential Patent and their relevance to FRAND | 9 | 4. USA’s and EU’s approach to Standard Essential Patents | 11 | 5. India’s approach to Standard Essential Patents | 12 | 6. Conclusion | 12 | INTRODUCTION Indian jurisprudence on fair, reasonable, and nondiscriminatory (FRAND) licensing practices for standard-essential patents (SEPs) is at a relatively nascent stage. Unlike U.S. and EU courts, which have dealt with cases concerning calculating a FRAND royalty for a considerable time, Indian courts and the Indian antitrust authority—the Competition Commission of India (CCI)—have only just begun to decide such cases. In its initial orders in the first two antitrust complaints concerning SEPs, the CCI seemed to favor using the smallest salable patent-practicing component (SSPPC) as the royalty base to determine a FRAND royalty. However, in the short time since the CCI’s orders, the Delhi High Court has rendered contrary decisions in two SEP infringement suits. The Delhi High Court’s decisions use the value of the downstream product as a royalty base and rely on comparable licenses to determine a FRAND royalty. The Delhi High Court’s decisions are not only consistent with sound economic principles...
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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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...Mr tedster Wayne Schuller managed a warehouse in Minnetonka, Minnesota. His major concern was the number of workers to assign to his single unloading dock. After he began contracting with motor carriers for deliveries, he found that they were assessing him stiff penalties if their trucks had wait time to be unloaded. Wayne started adding larger crews at the unloading dock, but often, they seemed idle because there were no trucks to unload. Wayne recalled from college that queuing theory might be applicable to such a problem. The theory of queuing is an analysis of the probabilities associated with waiting in line, assuming that orders, customers, and so on arrive in some pattern (often a random pattern) to stand in line. A common situation is that on the average, a facility may have excess capacity, but oftentimes, it is more than full, with a backlog of work to be done. Often, this backlog has costs associated with it, including penalties to be paid or customers who walk away rather than wait. If a firm expands its capacity to reduce waiting times, then its costs go up and must be paid even when the facility is idle. Queuing theory is used to find the best level of capacity, the one that minimizes the costs of providing a service and the costs of those waiting to use the service. After some further research specific to his firm, Wayne determined the following facts. 1. Trucks arrive randomly at the average rate of four per hour, with a deviation of plus or minus...
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...Queuing Theory Significance There is a very significant reason why Queuing Theory exists. Not only does it apply to a wide variety of topic, many within the business and supply chain industries, it also helps prove cause and effect. In addition to this, it provides a very logical idea of what a solution to a problem it has discovered should be. Measuring and understanding both order rate and service rate can potentially be the difference between business success and business failure. For example, if a company has too slow of a service rate, it is going to lose business because of the long wait times. On the opposite end of the spectrum, if a company focuses too much on improving its service rate instead of understanding its ratio compared to order rate, it will be misusing its very valuable resources. It is also important to have knowledge of all different types of queuing systems. Importance of Queuing Configuration As one can imagine, the importance of a queuing system configuration is very significant as well. As stated above, there are several different types of queuing systems and queuing configurations. If a business uses an improper queuing system or queuing configuration, it can suffer from one of many different negative consequences. Some examples of different types of queuing systems/queuing configurations are First Come First Served, First In First Out, Round Robin, Service in Random order, and many more. Queuing systems and configurations also vary by the number...
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...A REPORT ON “ROYALTY Payments in industries” Submitted by: Niraj Kumar Agrawal NF121312 A report submitted in partial fulfillment of the requirements of PGP – FM Program of National Institute of Financial Management Sector – 48, Pali Road, Faridabad, Haryana – 121 001 Faculty Guide Dr. A. M. Sherry Acknowledgements I express my deep sense of gratitude to my Faculty guide Dr. A.M.Sherry. He is intellectual person and an expert in his field of taxation. He has got a very rich experience into field of Accounting & Taxation; He has done eminent in the field of taxation. He has been constant source of guidance and inspiration behind the ideas employed in the study. The project could only be completed through the little that I could borrow from the vast sea of his knowledge in this field. I have indeed no formal words to acknowledge the valuable guidance and co-operation extended by him during the project work. I am also thankful to my colleagues for helping me successfully conducting data mining. I extend my gratifications to Mr.Sumit Gupta for his support in collecting the data thru various sites. NIRAJ KUMAR AGRAWAL Roll No: NF121329 Course: PGP - FM Declaration I hereby declare that this project work entitled “Royalty payments by industries“ has been done by me during the academic year 2012-13 under the guidance of my faculty guide Dr. A.M. Sherry ...
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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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...all of the major scientific journals, including Nature and Science. In 2004, Hotamisligil was able to demonstrate that excess fat, by itself can cause stress signals and medical problems. In the field of metabolic health and disease it is clear that Hotamisligil has played an extremely important role in its development, with his numerous contributions and many publications in the field. Since starting his career back in the 80s he helped to shape the modern view of metabolic health and took important steps towards understanding underlying causes of Type 2 diabetes and metabolic disease. 2. The agreements between Syndexa and Harvard were complex because the agreements required exemptions to many of Harvard’s internal policies and issues on conflicts of interest. Although both Harvard and Syndexa recognized that a simultaneous execution of a license and sponsored research agreement was necessary. The negotiations between Syndexa and Harvard was not atypical,...
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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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...C.K. Claridge, Inc. Case What are the interests of the various players in the Varacil market? * CKC: Obtain the least costly ending for the lawsuit, considering the future effects of the outcome with respect to market share and future profits. * Tolemite: Obtain a payment of all past and future liabilities at the highest royalty possible, or the highest payment. * BARD: They would benefit from two situations: 1.CKC wining the trial, as they would not have to pay royalties anymore, which could decrease CKC’s cost competitive advantage if BARD decides to lower the price of the product. Thus they can become more competitive and may increase their market share this way. 2. CKC having to pay a royalty of 4% or more. The same logic as above applies. What should Mr. Purcell do? If you think he should propose a settlement, what amount do you recommend, and how should it be communicated? I believe Mr. Purcell should propose a settlement with Tolemite. The process started on 2005, and only in 2009 they are going to trial, which means 4 years of related costs, including time and monetary costs. Moreover, if they do go to trial, the process may continue, as appeals can be made if they win the case. This will mean more years with this problem in mind, and costly lawyers and advisors. By the time the trial is over, the patent will be close to expiring (2017), thus decreasing the importance of the trial itself. Regardless of the calculations made...
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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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...A monopoly can be defined as a market in which there is only one buyer. In the final section of intermediate microeconomics we have been discussing the impact that monopolies have on the competitive market. We have looked at how monopolies are able to charge a higher price for the products and services because they are the only seller in the market. One of the main goals of every company is to continue to gain market share over their competitors in order to increase shareholder profits and establish a solid foundation for a successful future. Firms that have established monopolies have a significant advantage to any company that tries to enter their market. Often times the cost of entering such markets blocks almost any firm from trying. As we will see, sometimes companies use patents as a way to block competitors from gaining market share. In an April 11, 2011 article written by John Scheller and Keneth Albridge III titled “The Patent Monopoly – more than a right to exclude,” they discussed how Google is using recently acquired patents in order to block competitors in the emerging cell phone technology market. The article says that many entrepreneurs often associate the value of patent rights with the ability to protect the patent owners position in a given market. They do this by demanding royalty payments from competitors or excluding them from the market altogether. Patents can also create value for firms by opening doors to other markets. Google recently acquired...
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...Assignment 1: Consensual Relationship Agreements Case Study Due Week 3 and worth 100 points Read the Consensual Relationship Agreements case study located in Chapter 2. In Questions 1 and 2, focus on non-ethical ramifications (save any discussion of ethics for Question 3). Write a six to eight (6-8) page paper in which you: • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions. • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length. On the Written Assignment, "Consensual Relationship Agreements"; it's due this week Sunday, October 28th, by 11:59PM. Remember also to be sure to proofread your paper thoroughly because for each typographical mistake, incomplete sentence, or non-response to the assignment questions, points will be deducted. In addition, APA formatting has to be used which certainly includes in-text citations and a Reference page; check the Resource Center for an example of APA guidelines. Finally, once the paper is submitted, that will represent the final grade for the assignment; there are no-resubmissions allowed. Organizational Behavior Perceptions & Attributes by Tara Duggan, Demand Media http://smallbusiness...
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...* Negotiations * “The perfect negotiation” * Phase 1-Preparation * Decide what you want and prioritize your wants -High importance: those you must get if you are to agree at all. -Medium: those that you would prefer to attain, but are not critical -Low: those that you would like to attain, but would not let them jeopardize the deal Assign ranges of possible values to each want Ex: 100-150 euros or “will deliver by Friday” * Phase 1- Preparation Issues Wants Importance Entry Exit Problems your ideal high, med, low should be walk reasonable away * CHECKLIST FOR PREPARATION 1. What are the negotiable issues? 2. What do you want for each? 3. Rank each by it’s importance to you * -High absolutely critical – certain or no deal * -Medium – important but not critical * -Low – like to achieve but would not sacrifice the deal if not obtained 4. What are your entry and exit limits? 5. Entry terms should be reasonable 6. Exit terms are your “walking away” positions 7. All prepared positions could be revised if circumstances suggest changes are advisable * Phase 2-Discovery -Ask open ended questions “How’s business?” “What do you hope to get out of today’s negotiation?” -Listen for clues to what they really want, take notes, the more they talk the better -What criterion are you using? What are your priorities? How do you calculate those numbers? How do you feel about...
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