Definition of corporate intellectual property

A Serious Problem: Posner on the State of Patent Law  February 11, 2018 – 09:02 am

A few weeks ago Judge Richard Posner dismissed (with prejudice) Apple v. Motorola, a key patent infringement case.  You can read the opinion here, as well as fellow blogger Kathleen Hudik’s excellent analysis here.  What followed is a unique look into the mind of one of the United States’ great contemporary jurists.  In an article for The Atlantic, Judge Posner shared his thoughts (in the abstract, as not to comment directly on any forthcoming appeal in the Apple case) on the current patent system in the US.  In short, the system is failing.  I would be remiss to disagree.

Last month, I discussed how sometimes acting outside the (overly strict) law is necessary to facilitate innovation, especially in the rapidly developing world of intellectual property.  Posner offers a similar argument from a different perspective—t he current format of our patent system inhibits innovation by overregulating and overprotecting patented ideas.  Issues such as defensive patenting and patents trolls stifle creativity and encourage excessive and unnecessary litigation.

On a base level, let’s say there are two companies (A and B), both in the business of manufacturing widgets.  Contemporaneously, A and B are developing a new type of widget that will revolutionize the market.  While each company’s designs have certain similarities to those of the other, each design has unique features, and one design, let’s say A’s, is objectively superior to B’s.  However, B is the first to file for registration .  Who wins the patent?   Under the current system B wins and A is excluded.  Judge Posner does not like this, nor should he:

Source: American University Intellectual Property Brief

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Worries growing about shoddy accounting practices

The spotlight is spreading over the gray areas that allow companies to keep debt off their books and dress up their earnings for the stock market.
The intensifying scrutiny has reached a growing list of corporations, and the accounting firms that check their books, and seems likely to pressure yet more companies to explain often-befuddling information that has been buried in the footnotes...carried on the books at its current market value a standard that can result in write-offs that reduce earnings. By classifying a loan as 'held for maturity,' a bank has more leeway to carry the asset at its original cost even if it has diminished in value.
'All those loans should be accounted for the same way,' Stead said. 'We need to restore confidence in corporate financial statements.'

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Enron and the Bush family have boosted each other up the ladder of success. But have their ties created a Teapot Dome?
Enron's spectacular collapse has put scores of politicians on the defensive because of their pro-Enron voting records and their war chests full of Enron dollars. Even some Cabinet officials are squirming over their past relationships with the energy company. It's all an un... itself en masse.
In the months and years ahead, as the congressional and criminal investigations fill in the details of the Enron story, the collapse of Enron may, like Teapot Dome, come to symbolize an era of financial and political excess. If so, there is even some chance that it could do for the memory of Bush what those California and Wyoming oil leases did for the memory of Harding.

And part II

The whole purpose of the (16th) Amendment was to relieve all income taxes when imposed from apportionment from a consideration of the sources whence the income was derived.
Therefore, in taxing “income” the sources (i.e. wages, dividends, rents, interest, capital gains) that produced the “income” cannot be “considered” or taxed directly, except pursuant to the rule of apportionment. It is ...urn.” Therefore, don’t try and tell me that I can owe more in income taxes than what I have shown on my tax returns. No IRS agent has any statutory or delegated authority to determine that I owe any more in income taxes than what I have shown on the tax returns I have filed, and any attempt on the part of IRS personnel to do so, would be an obvious violation of 26 USC 7214 as well as 18 USC 241.

Off-balance-sheet land is where death spirals lurk

Enron's crash has shown that very scary liabilities can hide in a set of books.
pay no attention to those liabilities behind the curtain.
That is the message corporate America has sent to investors in recent years as executives have shunted billions of dollars in new and existing financial obligations off their books and into the nether world known as 'off the balance sheet'.
W...s in the market, it leads to decline in confidence.'
Ms Levenson, the bond analyst, agreed. 'I truly believe if Enron had kept all this stuff on the balance sheet and worked it into its maturity schedule just like any other debt, even if it meant carrying a $US3 billion higher debt load,' she said, 'it may not have been a strong triple-B credit but it might still be a going concern today.'

Supreme Court gives wide interpretation to 'fair dealing' in copyright saga  — Edmonton Journal
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Copyright Misuse: An Evolving Legal Theory and Its Impact on Business  — DigitalJournal.com
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