http://semiconductorlawblog.com/blog The Fusion between Intellectual Property Law and the Semiconductor Industry Thu, 05 Nov 2009 07:15:59 +0000 http://backend.userland.com/rss092 en Mathematics, a programming environment and a powerful computer: all you need to do some sophisticated mathematical modeling of patent portfolios, to benchmark your patent program, to select a patent portfolio you want to acquire, or to help compute the expected value of gain or of loss in patent litigation. I am ... http://semiconductorlawblog.com/blog/?p=26 So you have lots of legal questions on a regular basis in your company, but you don't have a general counsel yet.  That's OK.  I have compiled a number of questions that come up more often for smaller companies, and here are some suggestions on how to address them.  A ... http://semiconductorlawblog.com/blog/?p=42  You are part of the management team for a startup.  During a meeting discussing company exit strategies or a financial investment event, somebody asks, "Should we do any proactive IP due diligence?" It depends.  Overall, having seen a variety of startups going through Initial Public Offerings (IPOs) or acquisition events and ... http://semiconductorlawblog.com/blog/?p=22 From time to time, I studied patent litigation cases that involved progressively escalating patent assertions and cross-assertions and wondered about the optimal strategy regarding the escalation or containment of litigation.  In some cases, it was easy to see that ignoring the secondary aspects of litigation (e.g., emotional and psychological factors, ... http://semiconductorlawblog.com/blog/?p=21  Let's talk about patent infringement litigation.  OK, don't cringe, it is just a hypothetical exercise! :-) Let's pretend that we just went through a patent infringement lawsuit, where we were sued for infringing a portfolio of patents.  Our company could be selling medical equipment, wireless end-user devices, infrastructure systems, chip-level components, or ... http://semiconductorlawblog.com/blog/?p=17  In a previous post, I discussed a few general issues relating to IP Indemnification in commercial transactions involving the sale of goods, such as equipment and materials.  In this post, I am going to dive deeper in the topic of IP indemnification and I will explore in more detail the ... http://semiconductorlawblog.com/blog/?p=20  A 2004 report by the Industrial College of the Armed Forces (ICAF) discussed the effects that globalization is having on the U.S. semiconductor industry.  The report noted that the U.S. semiconductor industry is now facing the challenge of reacting to an information age becoming more uncertain and more globalized.  The ... http://semiconductorlawblog.com/blog/?p=18 In a previous post, I was arguing that the trend towards cheaper patent prosecution costs has altered the IP balance between smaller companies and larger companies in the favor of the former.  But if small companies have benefited more that larger companies from the decrease in patent prosecution costs, this ... http://semiconductorlawblog.com/blog/?p=16  Intellectual property indemnification is a fundamental issue arising at each level of the semiconductor commercial chain.  From an economic standpoint, IP indemnification is a mechanism for direct allocation of risk between the transacting parties.  IP indemnification should be considered carefully in most transactions involving the sale of goods or services, ... http://semiconductorlawblog.com/blog/?p=19 An article titled "The New (Improved) Gilded Age" in the December 22, 2007 issue of the Economist argues that the general commoditization of prices has decreased the discrepancy between rich and poor in industrialized countries.  As the author puts it, "This is not to deny that income inequality is rising: ... http://semiconductorlawblog.com/blog/?p=15