Imagine That IP Law Blog

Let’s face it: patents are expensive and most fail to be profitable. For any typical patent portfolio, the challenge is to efficiently weed out the winners from the duds and then assert the winners strategically to effectively monetize the portfolio.

To successfully monetize a patent, one must: 1) prove infringement of one or more asserted claims, 2) defend the asserted claims against invalidity attacks, and 3) establish high-impact damages caused by the accused products’ infringement. So, how does one mine a portfolio for patents that are most likely to help achieve these ... Read More ›

One of the main advantages of hiring outside patent counsel is the ability to pass invention materials to a drafting attorney to prepare a patent application. This work transfer reduces the in-house counsel’s burden, freeing them to devote more of their time to strategic portfolio management rather than the minutiae of preparing an individual application.

Too frequently, however, the invention materials provided to outside counsel are incomplete. The understanding is that the drafting attorney will be able to use their engineering acumen to sort through the pieces, determine ... Read More ›

In the current business environment, companies are justifiably concerned about the uncertain future and controlling the cost associated with managing their IP portfolios and engaging outside counsel. In-house counsel also knows that IP is part of the long game and sacrificing company IP now to save costs may cast a long cloud over the future. So, how can the company’s IP interests be effectively managed under current conditions and the required service be provided by outside counsel?

In more conventional time, automatically turning to outside counsel based on past engagements ... Read More ›

Intellectual property (IP) is often the most critical asset for an early stage company.  Developing a strong, cost effective IP strategy and risk management strategy to avoid costly IP litigation can make the difference in a company’s survival.  Investors or potential acquisition entities are well-versed in the importance of a strong intellectual property portfolio and strategy, and typically value early stage companies on the strength of their IP rights.  It is essential to protect intellectual property at early stages in the company’s life cycle in order for any startup to be ... Read More ›

For many of us, New Year’s resolutions typically involve various forms of self-improvement, such as dieting or getting to the gym.  Just as individuals adopt personal New Year’s resolutions, it is important for companies and business to set goals that improve their competitive fitness in the upcoming year.  One way to improve a company’s well-being is to ensure that its intellectual property assets are being protected, maintained, and properly leveraged.  Since intellectual property is not tangible, it can be overlooked particularly by companies that focus on physical and ... Read More ›

Tesla CEO Elon Musk once explained that “in certain sectors like automotive, solar, and space, you don’t see new entrants.”¹ The auto industry, in particular, rebuffs new startups with a host of ominous caveats: the inability to appraise the future of the industry, the protracted history of broken manufacturers – thousands of them, in fact – and the calculated entry of the major tech companies, like Apple and Google, that seek to challenge the incumbents for market share. Building and delivering cars to the end user has always been a battle of attrition. So the emerging ... Read More ›

The ever increasing speed at which information travels over social media and the expanding volume of information available on the internet has helped and hindered small and start up enterprises. It is easier to get recognition through social media but that recognition does not always translate into revenue. Likewise, it is easier to find information but the reliability of the information can be suspect. All of this matters because long term business success is often the result of the access to funds for the next phase of research, marketing and expansion. The concern here is the ... Read More ›