obvIPat - Obviously Patentable

The blog for inventors, in-house counsel, & entrepreneurs.

Archive for July, 2011


"In the middle of difficulty lies opportunity."
Albert Einstein

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"There are two ways to live: you can live as if nothing is a miracle; you can live as if everything is a miracle."
Albert Einstein

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The Nortel Auction: Microsoft pays for Microsoft v. i4i

by Orlando Lopez

While most of us were getting ready for the Fourth of July weekend, Microsoft and Apple, unlikely co-conspirators, led a gang of six, also including RIM (the Blackberry people), EMC, Ericsson and Sony, in generating the winning bid (a mere $4.5 billion) for the Nortel patent portfolio, outbidding Google.  The amount paid for the patent portfolio is record-setting, being greater than what was obtained from the sale of all other of Nortel’s assets.  The outcome of the Nortel auction underscores the value of intellectual property and it is welcome news to entrepreneurs using intellectual property to lure investors.  It should also be welcome news to those that are hoping for the generation of new jobs that usually comes from new enterprises.

Just about a month ago, some of us were trembling at the thought of the possibility that the Supreme Court, in a decision on Microsoft v. i4i, would send us back to pre-Federal Circuit days and reduce the standard of proof needed to invalidate a patent to more likely than not (or in technical jargon, preponderance of the evidence); however, in Microsoft v. i4i, the Supreme Court retained the higher standard of proof (clear and convincing evidence) needed to persuade a jury of patent invalidity.  Read the rest of this entry »

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"Intellectual growth should commence at birth and cease only at death."
Albert Einstein

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"We can't solve problems by using the same kind of thinking we used when we created them."
Albert Einstein

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