Valuating personal intellectual property

Damages law, and testimony of financial experts, changed by Oracle v Google decisions  November 27, 2010 – 08:25 am
Personal Property • Financial

Oracle v Google is over for now, leaving its mark on BV, and damages law

Oracle America, Inc. v. Google Inc., No. C 10-03561 WHA (April 10, 2012)

After more than two weeks of trial and deliberations, the jury rendered a verdict of noninfringement on all counts in the epic Oracle v. Google litigation. More importantly, on May 29, the district court denied Oracle’s request for a judgment as a matter of law, finding “ample” evidence to support the jury’s decision and dismissal of claims. The next day, the judge also ruled that the Java application programming interfaces (APIs) were not subject to copyright.

“Software is algorithms, and that is mathematics, and it’s wrong, totally wrong, to let math be patented. These patents should never have been issued, ” concluded one blogger.

Appraisal experts were challenged five times. Whatever you think of this legal decision (and of course Oracle has promised to appeal the rulings), the case has also produced five Daubert opinions.  Key takeaways include:

  • When applying the entire market value of any asserted technology, the expert “must in every case” apportion damages between the patented and unpatented features of the technology;
  • Current patent law requires only a patent-by-patent apportionment, rather than claim-by-claim (as the court found in one of its prior orders);

Source: Business Valuation Law

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Use of trade/sevice marks

Is protected by copyright law, except under "fair use" which includes commentary, parody, news reporting, research and educational purposes.
i don't think registering a domain including a copyrighted mark "bestbuy" would be justified under fair use if all you're doing is airing dirty laundry. depending on the content of your site, it may classify as parody. be careful, however. if you stat...ite that is factually incorrect that causes confusion to their customers or damages their reputation, best buy will have every right to sue you for defamation.
however, i agree with the previous poster. doing this would be childish. if you have a complaint about bestbuy due to an incident in which you believe you were treated poorly or unfairly, address these concerns directly to best buy.

ESPN reporting Mirabelli back to Sox

The Boston Red Sox have finalized a trade to obtain catcher Doug Mirabelli from the San Diego Padres in exchange for catcher Josh Bard, minor-league pitcher Clay Meredith and cash, ESPN The Magazine's Buster Olney is reporting.
Mirabelli, Tim Wakefield's normal catcher last season when Mirabelli was with the Red Sox, will be in the starting lineup Monday night against the Yankees.
T... in just 136 at-bats in 50 games. This season, he is batting .182 in 22 at-bats for the Padres.
He is a career .240 hitter with 47 homers and 165 RBI in 459 career games for Boston, Texas, San Francisco and San Diego.
Bard, who has caught Wakefield's five starts in 2006, leads the major leagues with 10 passed balls.
Information from The Associated Press was used in this report.

Diggity Deputy

Damn, we never get dick for our castoffs
"The New York Post is reporting that Ramsey
could become a Jet within days. The Jets and Redskins
have been discussing a trade, and word is New York
will send Washington a fifth-round pick in April's
draft as well as a possible conditional pick in 2007.
After initially seeking a second-round pick for
Ramsey, the Redskins have lowered their demamds.
Ramsey, a first-round pick in 2002, has become the odd
man out in Washington. Mark Brunell wrestled the
starting job from Ramsey early last season and Jason
Campbell is being groomed to eventually take over."

Write a letter

Write a letter to the credit reporting agency (Experian, Equifax or Trans Union most likely) that is reporting this item. In polite, businesslike terms, tell them your name, date of birth, and social security number, and that the judgment is your ex, not you. Ask them to investigate and then to remove it promptly.
Mark it up for 60 days. If you don't have a resopnse, write again, with a copy to the Federal Trade Commission.
Wait another 60 days. If no response, you'll want a "consumer law" attorney.
More information is available at the FTC's website:

How to License or Sell Your Invention with ForSaleByInventor.com  — Virtual-Strategy Magazine
This new web site's goal is to make licensing and selling Intellectual Property for the individual inventor and entrepreneur much easier and cost-effective. The site has a private, industry-only section for inventors to exclusively offer their …

HTC files two counterclaims against Apple in Florida  — tuaw.com
Both patents were apparently licensed or sold to HTC through HPs program for selling intellectual property. Yes, you too can license or buy these patents, then go to court to sue anyone who seems to be even partially infringing on HP's your …

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