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Responsible deal-making is the focus of SF IP conference, 9/18

Responsible IP deal-making – where parties enter into licensing and other agreements mutually – has become something of a lost art. Not long ago, it was a best-practice.

Many companies need to in-license to practice the inventions that cover their products. Similarly,  not every business has the capital to make products from its inventions. Those that do not, may need to out-license. Once a symbiotic relationship that could be effected without the need for litigation, much patent licensing has turned contentious and patent holders who wish to license are seen as bad actors.

“Patent Licensing: The Business of Responsible Licensing” hopes to change that. The location is the Golden Gate Club in San Francisco on September 18.

Post-“Troll” Environment

The day of the so-called “troll,” where licensing businesses armed with nuisance suits forced businesses to settle, is long gone, the victim of increased patent uncertainty and the high cost of litigation.

What is responsible licensing in today’s environment? What are fair and reasonable terms? This conference will examine various sides of the issue.

IP CloseUp readers receive a 15% discount with a promo code or mention they saw this article. (Service providers may not be eligible.)

Participating in the day-long event are licensing executives from Dow, Nokia, Visa, Samsung, Cisco, Intel, among others. Panels include:

  • Building a successful patent licensing strategy
  • The good, the bad, and the ugly of licensing transactions
  • Defining FRAND
  • International licensing
  • Strategic licensing scenarios

There will be ample breaks and time for networking.

For the complete program, go here.

For the list of speakers, here.

To register, go here.

Image source: iammagazine.com; mckinsey.com

 

 

Rep. Collins speaks from IP experience at CIPU-GIPC innovation policy forum

On Tuesday an open briefing was held in Washington to better understand U.S. innovation and IP policy. Congressman Doug Collins (R-GA), a supporter of strong and certain IP rights, launched the event with a personal account of his exposure to IP rights growing up in rural Georgia. 

He said that a number of his relatives and neighbors were chicken farmers, “some of whom invented new and more effective processes to produce and process eggs and poultry that were protected under IP law.”

The keynote comments of the Congressman were part of a program, “Innovation Policy and Intellectual Property: Building on a Strong Foundation,” held by the Center for Intellectual Property Understanding (CIPU), an independent non-profit, and the Global Innovation Policy Center (GIPC), a division of the United Stated Chamber of Commerce.

House Judiciary Committee

Congressman Collins is a member of the House Judiciary Committee, and also is on the sub-committee for the Courts, Intellectual Property and the Internet. He was a sponsor of the recently enacted, and broadly supported Music Modernization Act, which passed the House 415-0, and has developed and supported other IP-friendly legislation. “IP is a part of the fabric of the nation,” he said. “American freedom is tied to an effective IP system.”

Other presenters included CIPU board member Marshall Phelps, former Vice President of IP Business and Strategy at Microsoft and prior to that at IBM. Mr. Phelps also served as head of Government Relations for IBM in Washington in the 1980s, and previously was head of Asia-Pacific. He spoke about the threat to technology posed by “Japan, Inc.” in the Eighties, and how the U.S. was able to surmount the threat with the right combination of incentives.

“The threat to IP and innovation from China is real,” said Phelps in his introductory remarks, “but too much policy and the wrong incentives can create bigger problems. Making patent certainty a higher priority should be the first priority. Putting IP properly on the balance sheet would help, too.”

Manny Schecter, Chief Patent Counsel of IBM, also a CIPU director, and president of the Intellectual Property Owners (IPO) Education Foundation, was a panelist, as were, Alan Marco, former USPTO Chief Economist, Rob Atkinson, a pro-IP economist and President of the Information Technology and Innovation Foundation (ITIF), and Professor Adam Mossoff, an IP scholar and policy expert at George Mason University Scalia School of Law.

Among the goals of the panel was to explore:

  • What is U.S. innovation policy?
  • How does it relate to intellectual property?
  • Who should be responsible for it?
  • How should success be measured?

Audience Response

One the audience members asked if the Supreme Court, with Oil States and several other decisions, was “anti-IP.” The panel did not believe so, but thought that SCOTUS members may be poorly informed about the purpose and use if IP rights.

Another audience member stated the false narratives around phrases like patent “trolls” were part of a long-term “public relations campaign” that has seeded anger and hostility toward IP rights in general. He thought a sustained educational initiative could help to make the role of IP clearer for various audiences.

Image source: GIPC

Patents for Financial Services Summit to examine IP system health

The 15th Annual Patents for Financial Services Summit will gather patent and IP counsel, as well as senior financial executives, to discuss recent trends in financial patent litigation, value, and patentability.

The Summit will be held July 25-26 at the Sheraton Times Square in New York. Presentations include updates on CBMs, IPRs, Oil States vs. Greene, FinTech patents, and strategies to navigate the current IP landscape.

This year’s keynote is Hon. Susan Braden, Chief Judge, U.S. Court of Federal Claims. The United States Court of Federal Claims is a United States federal court that hears monetary claims against the U.S. government. It rules on patent and copyright claims against the government, among other areas.

IP CloseUp readers receive a $200 discount when they use registration code IPC2XX.

Financial and Tech Leaders

Heads of IP, patents or senior IP executives from leading financial institutions and technology companies will be speaking. They include MasterCard, Citigroup, The Hartford, Wells Fargo and JP Morgan Chase. Additionally, the Clearing House Payments Corporation (a consortium of leading banks) will be represented, as will IBM, by Chief Patent Counsel, Manny Schecter.

American Express, Royal Bank of Canada, Visa and Microsoft also will have representatives serving as panelists. Joe Matal, former Acting Director of the USPTO and 2017 PFFS Summit keynote, is a member of the “101: panel.”

Panels titles include:

  • Assess the Health of the U.S. Patent System and Discuss the Erosion of Patent Rights
  • Embrace Change at the PTAB
  • Bitcoin, Alt Coin, and Tokens: A Primer on How Intellectual Property Laws Relate

SPOTLIGHT SESSION:
Pursue §101 Eligibility Reforms

  • IP Considerations for the Digital Transformation of the Financial Services Industry
  • Identify Opportunities for Partnering with FinTech Companies
  • Predict the Future of Cryptocurrencies
  • Explore the Patent Issues Confronting Artificial Intelligence

For the complete program, go here. To register, go here. 

Image source: PatentVue.com

Cong. Collins & Jeffries, and expert panel, will look at innovation policy and IP on May 8 in Washington

WASHINGTON, DC –– What is innovation policy? What does it mean to U.S. competition and jobs? Who is responsible for it?

These are among the questions that will be addressed at an afternoon briefing held by the Center for Intellectual Property Understanding (CIPU) at the headquarters of the United States Chamber of Commerce headquarters in Washington on May 8.

The event will feature two leading proponents of IP rights, Congressmen Doug Collins (R-GA) and Hakeem Jeffries (D-NY), both members of the House Judiciary Committee, Sub-Committee on the Courts, Intellectual Property and the Internet.

“Innovation Policy and Intellectual Property: Building on a Strong Foundation” is being held by the Center for IP Understanding, an independent non-profit, and the Global Innovation Policy Center (GIPC), a division of the Chamber. Persons interested in receiving an invitation please contact CIPU at explore@understandingip.org.

Preceding the Congressmen will be a panel, “What is Innovation Policy? Why is it Necessary?” featuring leading experts on innovation, IP and the economy, including:

 – Manny Schecter – Chief Patent Counsel of IBM, board member of CIPU and the IPO Education Foundation
Alan Marco – former Chief Economist for the USPTO and now Associate Professor of Public Policy at Georgia Tech
Adam Mossoff – Prof. of Law at George Mason University, Center for the Protection of IP
Robert Atkinson – founder and President of Information Technology and Innovation Foundation (ITIF), an independent think tank

Discussion Will Follow

A networking break will follow the panel and a reception will take place at the conclusion of the program.

Go here for information about the “Innovation Policy and Intellectual Policy: Building a Strong Foundation.”

“U.S. innovation policy and IP focus are seriously lacking,” said Marshall Phelps, former Vice President of IP Business and Strategy at Microsoft and at IBM, and a CIPU board member. “Other nations take their policies more seriously. The timing is right to dissect what U.S. innovation policy means and how it effects jobs and competition.”

Briefing partners and supporters include the Michaelson 20MM Foundation, the Kellogg School of Management at Northwestern University, Berkeley Research Group, the Tusher Center for Intellectual Capital Management at UC Berkeley-Haas and Open Invention Network.

Image source: understandingip.org; nesta.org.uk; theglobalipcenter.com; 

 

“Strong IP Drives the Bottom Line” is theme of 2018 LESI Annual Conference

This year’s Licensing Executives Society International (LESI) Annual Conference will have a financial focus and take place in San Diego April 20-May 1.

The plenary session keynote address by Mike Hoefflinger, “Think You Know Facebook’s Story …Think Again, and Learn Along the Way,” will look at the IP story behind the story.

After working directly for Andy Grove at Intel and as general manager of the Intel Inside program, Hoefflinger moved to Facebook to serve as Head of Global Business Marketing working with Sheryl Sandberg and Mark Zuckerberg.

Other LESI sessions include:

  • Doing Major Life Sciences Deals: The Keys to Success
  • Standard Essential Patent Licensing: Yesterday, Today and the Future
  • Best Practices For, and Latest Developments Regarding, Cyber-Security
  • Know-How Licensing

  • Artificial Intelligence: The IP Behind Disruption
  • Using Intellectual Property to Secure Debt Financing for Startups & Growth Companies
  • Blockchain and Cryptocurrency: New Tools for the Digital Economy
  • An International Perspective on Licensing in China: Experiences and Avoiding Potential Pitfalls

On May 2, LESI’s half-day Global Technology Impact Forum will feature keynote William J. Merritt, President and CEO of InterDigital.  GTIF is focused on managing IP issues for socially-beneficial business projects in less developed countries. The agenda and reservation can be found here.

For the full LESI meeting schedule, go here.

For the list of more than 60 speakers, go here.

To register, go here. For CIPU reader discount, use registration code “LESIMP-IPCU”

Image source: lesi.org; saba.com

Why a $1.6B billion law suit for non-payment of royalties is not likely to affect Spotify’s March IPO

Spotify recently filed confidential plans for an initial public offering to take place on March 31 on the New York Stock Exchange were thrown a curve when it was sued by Wixen Music Publishing for damages of at least $1.6 billion and injunctive relief. 

Wixen accused the Swedish company of streaming thousands of its their artists songs without compensation. Wixen’s 2,000 members include Tom Petty, Neil Young, the Doors and the Beachboys, which Variety says represent between 1% and 5% of music streamed.

Spotify has an estimated valuation of about $19 billion and $3 billion in annual revenues. As of fall 2017, the leading streaming platform had accumulated 140 million regular users, including 60 million paid subscribers. Initially, its shares will trade privately, allowing some early investors to cash out.

It would be the first major company to carry out a direct listing, an unconventional way to pursue an IPO. Spotify plans to simply list its shares on the NYSE and let them trade, and, for now at least, will not raise additional capital.

Silver Lining?

Horacio Gutierrez, Spotify’s General Counsel, was recruited from Microsoft in 2016 where he learned the licensing business under the stewardship of Marshall Phelps, an IP licensing pioneer. Before establishing MS’s leading patent licensing program, Phelps helped generate more than $1billion in annual royalties for IBM.

My money is on Gutierrez to settle this suit in a timely manner and for Spotify to move on, uniquely positioned for success.

“Forcing Spotify to step up and enter into an agreement with a major publisher that is fairer to its artists may expose the streaming site to similar deals, but it will also solidify its reputation as the content leader amid streaming services,” an industry observer told IP CloseUp. “It will likely set a precedent for others industry deals of this nature and make it more difficult for Pandora, YouTube, and others to continue paying token royalties.”

Wixen’s lawsuit, reports Rolling Stone, follows several other lawsuits that have focused on Spotify’s alleged failure to pay [appropriate] royalties on a song’s musical composition. Recorded songs have two separate copyrights: The sound recording, which is typically owned by the record label, and the musical composition (also known as the “mechanical license”), which is owned by the songwriter and publisher.

In 2017, Spotify settled a class action brought by Cracker front-man and artists rights activist, David Lowery and another artist, for $43 million.

Proposed Changes

In the meantime, the Music Modernization Act, a bill introduced in the United States House of Representatives on December 21, would impact copyright holders suing over mechanical reproduction after Jan. 1, 2018, which helps explain the New Year’s Eve lawsuit filing.

“We are very disappointed that these services will retroactively get a free pass for actions that were previously illegal unless we actually file suit before Jan. 1, 2018,” said Wixen president Randall Wixen in a statement to The Hollywood Reporter. “Neither we nor our clients are interested in becoming litigants, but we have been faced with a choice of forfeiting rights and damages, or taking action at this time.”

Image source: slashergear.com; wikipedia.org

IP “literacy” matters – Ideas Matter promotes IP understanding for all

A basic literacy about IP rights is everyone’s responsibility. 

While at times complex, patents, copyrights, and trademarks can be widely understood if people are clear about their purpose and who they benefit.

Putting IP rights in perspective is serious business – especially given that knowledge-focused economies place an increasingly high premium on innovation, authorship, and brand.

Ideas Matter, a London-based consortium of IP holders and innovative businesses believes it is necessary to provide audiences more information about why IP rights are important and how it affects people. Recently, it teamed with the Center for IP Understanding at the IP Awareness Summitt in Chicago, to produce a video about the need for everyone to know more about IP rights.

“I think the economies of the world have realized that the market is controlled by innovation and invention,” said Judge Randall Rader (ret.), Chief Judge of the Court of Appeals for the Federal Circuit. “That requires research, that requires development of new ideas and resources, and, of course, those investments need protection.  That’s where the intellectual property system pays benefits.”

Ideas Matter released a video of interviews with IP experts and holders conducted at the IP Awareness Summit in Chicago. IPAS 2017 was held by the Center for IP Awareness (CIPU) in conjunction with Chicago-Kent College of Law, Illinois Institute of Technology.

For background about the video and Ideas Matter, go here. Twitter: @IP_IdeasMatter.

To view the five-minute video, go here or click on the image above.

Image source: ideasmatter.com

IPCU readers get $200 off 10th IP Corporate Counsel Forum in NY

The 10th annual Corporate IP Counsel Forum will take place this year March 14-15 at the Sheraton Times Square in New York.

The keynote address will be delivered by Hon. Paul R. Michel, Chief Judge for the United States the Court of Appeals for the Federal Circuit, 2005-2010, ret; Circuit Judge, 1988-2010. Judge Michel is known as a strong advocate of improving the patent system and patent quality.

Judge Michel will address the controversies and issues surrounding the patent system, especially how to address patent enforcement quality in an era of greater IP uncertainty. The title of his talk is “Explore the Future of the AIA.”

Among other issues, Judge Michel will consider:

  • What must be learned from the past to make necessary adjustments in order to spur adequate private investment in R&D and commercialization, and to create new jobs and prosperity.

Leading IP Holders

Other Corporate IP Counsel Forum presenters and attendees include senior IP executives from JP Morgan Chase, General Electric Corporation, NCR Corporation, Royal Philips, Coty, Inc., Intel and Mastercard Woldwide, the Clearing House Payments Company (a global association of leading banks) and Wisconsin Alumni Research Foundation – WARF.

IP CloseUp readers who register by February receive a $200 discount on the conference fee. Use conference code IPC2XX.

For the program and full speaker list, go here

To register, go here

Image source: worldcongress.com

Global focus+ at IP Dealmakers Forum; IPCU reader’s save $200

Attendees to this year’s IP Dealmakers Forum can expect an expanded international perspective to the timely content and networking. This year’s keynote is Dr Lulin Gao, Founding Commissioner of the Chinese State IP Office. 

IPDF, now in its fourth year, emphasizes quality of content and attendees. Last year IPDF hosted more than 200 one-on-one private meetings.

“We are honored to have Dr. Gao as our keynote speaker this year,” noted Wendy Chou, Co-Founder of IP Dealmakers Forum.”He provides a timely and rare opportunity to gain insight into how China’s IP system really operates — straight from the source.“

Dr. Gao will present current data from the courts, providing attendees with valuable access to information that is not readily available.

Often referred to as the founding father of the modern Chinese IP system, Dr. Gao was the first Commissioner of China’s State IP Office, the longest standing Commissioner of the Chinese Patent Office, and a senior advisor to the WIPO. He is the recipient of numerous honors and awards for his contributions in IP.

Last year, almost two-thirds of IP Dealmakers Forum attendees were investors and significant IP owners. I attend IPDF regularly. The Apella event space at the Alexandria Center, over the East River in NY, just south of United Nations headquarters, is a unique and conducive environment for an IP transaction summit of this nature.

Program & Discount

For the IP Dealmakers Forum 2017 program and panelists, go here.

IP CloseUp readers to here to receive a $200 discount off the registration fee.

 

Image source: 

Experts at IPAS 2017 will explore growing disregard for IP rights

At a time when the value of IP rights under attack by businesses, individuals and the courts, the first IP Awareness Summit will examine the reasons and possible responses.

The Intellectual Property Awareness Summit, which will take place in Chicago on November 6, is the first conference to address the role of IP understanding – and the lack of it – in innovation, ideas and value creation.

IPAS 2017 (subtitle: Enhancing value through understanding) will examine what are acceptable behaviors on the part of IP holders and users, and consider the rapid rise in Internet IP theft and “efficient” patent infringement, as well as distinguish between legitimate and abusive licensing.

IPAS 2017 is being held by the Center for Intellectual Property Understanding (CIPU) an independent non-profit, and Chicago-Kent College of Law, Illinois Institute of Technology.

IP owners – including patent, copyright and trademark holders – organizations, executives, investors and inventors from several countries will be attending. For information about the program, panelists and partners, go here

For a post about the need for broader and better non-legal IP education on the IAM blog written by Manny Schecter, Chief Patent Counsel of IBM and a CIPU board member, go here.

For more information about the Center for IP Understanding, started in 2017, go here.

Conference attendance is by invitation. Persons who would like to request an invitation can write to registration@understandingip.org.

Image source: IPAS2017

London IP Summit will feature transaction leaders; Washington patent policy event, a US Senator

Two timely IP conferences, one in London focusing on patent deals, and the other in Washington, looking at patent policy issues, will take place in this fall. 

This year’s London IP Summit will be held at the London Stock Exchange on October 16,and feature several of the leading figures in patent licensing and transactions.

So far, they include Stephen Pattison, ARM; Kasim Alfalahi, Avanci; Gustav Brismark, Ericsson; Roberto Dini, Sisvel; Tim Frain, Nokia; and Manny Schecter, IBM.

“The London IP Summit is an industry leading event dedicated to bringing together IP owners, experts and investors to address key challenges and operational issues faced by companies and IP professionals today,” reports LIPS.

“Due to the sensitive nature of the topics discussed, LPS-London IP Summit is the only IP event organised under the Chatham House Rule*, offering safe and secure environment to speakers and to attendees in order to encourage openness and sharing of information. Participation at the event is by invitation only

 * When a meeting, or part thereof, is held under the Chatham House Rule, participants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed.

For the full program or to register go here.

*****

In Washington, DC on November 14, IAM is presenting the 3rd annual Patent Law and Policy conference, “Courts, Congress and the Monetization Landscape,” at the Reagan International Trade Center, across the street from the White House. The event will provide the political background needed to put IP into better context amidst changes.


Coverage includes the latest Supreme Court decisions and the machinations in Congress, to the policies of the Trump administration, the event provides delegates with timely and relevant insights from panelists representing a broad cross-section of the patent community.

Senator Chis Coons (D-Delaware) will be a speaker, as will interim USPTO Director Joseph Matal.  Laurie Self of Qualcomm, a passionate defender of the right to license patents, also will present.

For the Patent Law and Policy program or to register, go here.

Register by October 6 using code ONLINEEB to receive $100 off the standard rate. (CLE credit is available.)

 

Image source: 10times.com; qualitytalks.com

Tech pioneer Nolan Bushnell to keynote IPO annual meeting in SF

This year’s Intellectual Property Owners Association annual meeting will feature a presentation by the founder of Atari Computer and Chuck E Cheese’s Pizza Time Theater, Nolan Bushnell.

Another keynote will be presented by John Cabeca, Director of the Silicon Valley USPTO. More than forty service providers, law firms and IP holders will be exhibiting at the three-day even from September 17-19 at San Francisco’s Marriott Marquis.

Mr. Bushnell, an American electrical engineer and businessman, has started more than 20 companies and is a video game pioneer.

He established Atari, Inc. and the Chuck E. Cheese’s Pizza Time Theatre chain. Mr. Bushnell has been inducted into the Video Game Hall of Fame and the Consumer Electronics Association Hall of Fame, received the Nation’s Restaurant News “Innovator of the Year” award, and was named one of Newsweeks “50 Men Who Changed America.”

2017 IPO meeting highlights include:

  • Monday Patent General Session: Alice and the 101 Wonderland

The law on § 101 following the U.S. Supreme Court’s seminal Alice ruling has been a murky morass to navigate.

With district court, PTAB, and Federal Circuit decisions that are all over the map, and calls for the abolishment of § 101, IPO recently introduced a legislative proposal to address the lack of predictability in § 101.

Panelists will discuss these issues, whether the current state of § 101 is promoting or inhibiting innovation, and what if anything should be done going forward.

  • Two Corporate Panels at 11am on Monday
  1. Patent Session: In-House Best Practices: Strategies for Adapting to a Rapidly Changing Environment
  2. Strategic Partnering with In-House Trademark Counsel
    ___________

For the full program, go here. To register, here.

Image source: ipo.org

 

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