Making IP Infringement Demands Go Away

Chris Neumeyer, a speaker at the marcus evans IP Law Asia Summit 2012, on responding to IP infringement demands. Interview with: Chris Neumeyer, Director, Legal Department, Lite-On Technology Corporation

FOR IMMEDIATE RELEASE

Legal Counsel must be very careful when responding to claims that their company’s products are infringing patents, says Chris Neumeyer, Director, Legal Department, Lite-On Technology Corporation. If handled carefully, many intellectual property (IP) matters that appear serious can be resolved at no cost, he adds. A speaker at the upcoming marcus evans IP Law Asia Summit 2012, Neumeyer offers his expertise into responding to patent licensing claims and avoiding litigation.

How should Legal Counsel respond to claims that their company’s products infringe patents and that their use should be licensed?

Patent licensing demands can be extremely serious and lead to thousands or millions in attorney fees and licensing costs. The good news is that if handled well, such claims can often be resolved at no cost. First, counsel need to review the letter, and evaluate the patent owner, the patents and the products identified. Are there similar cases pending in litigation? Have other companies licensed the patents? As for the products, one must speak with the business units and engineers. What is the sales volume? Are the components purchased from suppliers? Are there possible design-around solutions?

Once these have been evaluated, counsel should send a polite but non-committal response to the sender of the demand, requesting various further information that is required. One should put the ball back into their court and wait. Such claims are often illegitimate and will simply go away when put to the test.

Should the response be different if it is a customer formally informing them of their alleged infringement of a third party’s patents?

There are some differences in how this should be handled. Counsel should first check if there is a signed agreement requiring indemnification and whether it includes any exceptions to such obligations. Often, there is no obligation to indemnify if the claim arises from the customer’s specifications. Is that the case here? Counsel should also determine whether the claim arises from components provided by suppliers, in which case they should be responsible.

What if there is no choice but to either license or litigate? How can Legal Counsel ensure the best possible outcome?

Demanding parties will often make threats and demands that sound very serious, but they may be bluffing. It is important not to give in too early. Determine the seriousness of the threat. Have they filed other lawsuits against others? How long have the discussions been going on for?

If it is clear that litigation is imminent, then counsel should seriously consider mediation or arbitration, as the costs may be much less. If one must litigate, it might make sense to sue the other party first for declaratory relief, to establish the forum of the lawsuit.

In any event, we recommend that counsel always try their best to settle. It is never too late for that.    
 

Contact:
Sarin Kouyoumdjian-Gurunlian
Press Manager
marcus evans, Summits Division
Tel: + 357 22 849 313
Email: press@marcusevanscy.com

About the IP Law Asia Summit 2012

Offering much more than any conference, exhibition or trade show, this exclusive meeting will bring together esteemed industry thought leaders and solution providers to a highly focused and interactive networking event. The Summit includes presentations on IP protection, strategies to maximise IP monetisation and IP outsourcing.

For more information please send an email to info@marcusevanscy.com or visit the event website at www.iplawasia-summit.com 

marcus evans group – legal sector portal

The Legal Network – marcus evans Summits group delivers peer-to-peer information on strategic matters, professional trends and breakthrough innovations.

Please note that the Summit is a closed business event and the number of participants strictly limited.

About marcus evans Summits

marcus evans Summits are high level business forums for the world’s leading decision-makers to meet, learn and discuss strategies and solutions. Held at exclusive locations around the world, these events provide attendees with a unique opportunity to individually tailor their schedules of keynote presentations, think tanks, seminars and one-to-one business meetings. For more information, please visit www.marcusevans.com

All rights reserved. The above content may be republished or reproduced. Kindly inform us by sending an email to press@marcusevanscy.com

How to Obtain a Winning IP Protection Strategy

Markku Simmelvuo from Papula-Nevinpat, a sponsor company at the marcus evans IP Law European Summit 2012, shares IP protection strategies. Interview with: Markku Simmelvuo, Managing Partner, Papula-Nevinpat

FOR IMMEDIATE RELEASE

Cost should not always be top priority for Intellectual Property (IP) Counsel, says Markku Simmelvuo, Managing Partner, Papula-Nevinpat. “They should build long-standing relationships with their outside counsel to get best results,” he adds.

From a patent agency attending the upcoming marcus evans IP Law European Summit 2012 in Noordwijk, The Netherlands, 23 – 24 April, Simmelvuo talks about IP protection and why relationships matter.

How can IP Counsel ensure that budget cuts do not negatively impact their company’s IP?

For best results, IP Counsel must work with good quality, efficient IP firms, who handle large volumes of work and are able to pass on some of their cost efficiencies. They should select patent agencies that provide a wide array of services, and consolidate their work into those selected offices even if they do not represent all the countries they operate in. That way, they will build a strong relationship with a party that truly understands their business.

What do IP Counsel overlook?

Cost should not always be top priority. IP Counsel can get the best efficiency from outside counsel if they concentrate on building a strong relationship with them. They overlook the size of the portfolio or the areas they want to protect their IP in, sometimes going too wide, while other times not wide enough. There must be a linkage between the area of protection and markets, what is reasonable and what is not. Counsel in large companies understand this, but it is often overlooked in small companies.

What lessons into IP protection could your give?

Quality comes from attitude and experience. It is very important to work with a counsel who wants to achieve the best possible protection for the clients’ IPs, patents and trademarks. They should never give up too easily.

IP Counsel must also work very closely with the business people who make the strategic decisions for the company. Only they will be able to guide them on which patents are worth protecting.

How could the value of IP assets be maximised?

It depends on the business. Pharmaceutical companies need to get patents for all that they have spent years researching on. In the fast moving and changing technology sector, where a patent application’s lifecycle is short, it is different.

There is huge value in having large patent portfolios. Even quite old portfolios are valuable at the moment. Having a working strategy for applying reasonable patent applications and trademarks would help maximise the value of IP assets.

Contact:
Sarin Kouyoumdjian-Gurunlian
Press Manager
marcus evans, Summits Division
Tel: + 357 22 849 313
Email: press@marcusevanscy.com

About the IP Law European Summit 2012

This unique forum will take place at the Grand Hotel Huis Ter Duin, Noordwijk, The Netherlands, 23 – 24 April 2012. Offering much more than any conference, exhibition or trade show, this exclusive meeting will bring together esteemed industry thought leaders and solution providers to a highly focused and interactive networking event. The Summit includes presentations on managing, valuing and monetising the organisation’s intellectual property assets.

For more information please send an email to info@marcusevanscy.com or visit the event website at www.iplawsummiteurope.com 

marcus evans group – legal sector portal

The Legal Network – marcus evans Summits group delivers peer-to-peer information on strategic matters, professional trends and breakthrough innovations.

Please note that the Summit is a closed business event and the number of participants strictly limited.

About Papula-Nevinpat

Papula-Nevinpat is a globally recognized patent, trade mark and design agency based in Finland with a strong foothold in the Eurasian territory.

We represent our clients directly in the Eurasian Patent Office, Russia, Ukraine, Kazakhstan, Uzbekistan and Belarus and thus are able to provide our clients a very cost-effective way of protecting their industrial property rights in these countries. In other parts of Eurasia, we represent our clients through our cooperation network.

Our experienced patent attorneys have thorough understanding of our clients’ technologies. Furthermore, we have specialized technical knowledge in IT, nanotechnology, bio- and pharmaceutical industries.

www.papula-nevinpat.com

About marcus evans summits

marcus evans Summits are high level business forums for the world’s leading decision-makers to meet, learn and discuss strategies and solutions. Held at exclusive locations around the world, these events provide attendees with a unique opportunity to individually tailor their schedules of keynote presentations, think tanks, seminars and one-to-one business meetings. For more information, please visit www.marcusevans.com

All rights reserved. The above content may be republished or reproduced – kindly inform us by sending an email to press@marcusevanscy.com

Working Towards Better IP Laws and Policies

Steven Liew, a speaker at the marcus evans IP Law Asia Summit 2012, on forming mutually beneficial relationships with government officials. Interview with: Steven Liew, Chief Government Relations Officer, eBay Inc. Asia Pacific region

FOR IMMEDIATE RELEASE

For Intellectual Property (IP) Counsel to do their jobs well, they need to know what the law is as well as what it could be, says Steven Liew, Chief Government Relations Officer, eBay Inc. Asia Pacific. They can only achieve this by working with lawmakers and government officials in crafting laws and policies, he adds.

A speaker at the upcoming marcus evans IP Law Asia Summit 2012, Liew examines the ideal IP Counsel and lawmaker relationship, and the mutual benefits that can arise from it.

How does having a good relationship with government officials deliver better results?

IP laws constantly change and develop, while in certain jurisdictions they are nascent. IP Counsel need to know what the law is but also what it could be. They should establish good relations with the officials in the countries they operate in, as well as the country of their company’s headquarters. They need to have an extensive network across different countries, in order to influence how laws and policies are crafted.

Although the government and lawmakers define how laws and policies are developed, IP Counsel can influence the direction that laws and policies take.

What is the desired relationship with government bodies and how can it be achieved?

The desired relationship is one that is mutually beneficial. From my years of engaging with governments in different countries, I can say that those drafting the laws and policies are also looking for our input, guidance and advice. Not just input that is advantageous to our company, but advice that would help drive legal developments in the right direction. That is the desired outcome.

What should IP Counsel be cautious of?

Counsel are tempted to set goals on the number of cases to handle or damages to receive from courts against infringers. These are great metrics, but also a very easy way to miss the wood for the trees. What would a target of increasing numbers by ten per cent every year help them achieve? Would that mean they are doing a good job? There are many other questions that must be asked, in terms of strategy and goal setting, so they should not go into the planning process with just numbers in mind.

How can IP Counsel maximise the potential value of their organisation’s intellectual assets?

There are two aspects. One is to have a good inventory of all IP assets and sit down with the business team to figure out how to exploit them. Many mobile phone manufacturers have done very well in building their IP portfolio and cross licensing with other manufacturers, which has pushed the boundaries of what capabilities our phones will have in the future. Counsel must find what IP they can grab and exploit to maximise profits.

The other important part of this is to go on the offensive and enforce rights very vigorously. Just filing copyrights and trademarks is not enough. It is more important to know how to enforce those rights.

Contact:
Sarin Kouyoumdjian-Gurunlian
Press Manager
marcus evans, Summits Division
Tel: + 357 22 849 313
Email: press@marcusevanscy.com

About the IP Law Asia Summit 2012

Offering much more than any conference, exhibition or trade show, this exclusive meeting will bring together esteemed industry thought leaders and solution providers to a highly focused and interactive networking event. The Summit includes presentations on IP protection, strategies to maximise IP monetisation and IP outsourcing.

For more information please send an email to info@marcusevanscy.com or visit the event website at www.iplawasia-summit.com 

marcus evans group – legal sector portal

The Legal Network – marcus evans Summits group delivers peer-to-peer information on strategic matters, professional trends and breakthrough innovations.

Please note that the Summit is a closed business event and the number of participants strictly limited.

About marcus evans Summits

marcus evans Summits are high level business forums for the world’s leading decision-makers to meet, learn and discuss strategies and solutions. Held at exclusive locations around the world, these events provide attendees with a unique opportunity to individually tailor their schedules of keynote presentations, think tanks, seminars and one-to-one business meetings. For more information, please visit www.marcusevans.com

All rights reserved. The above content may be republished or reproduced – kindly inform us by sending an email to press@marcusevanscy.com

Developing Proactive Approaches to Litigation 

Peterson Tien, a speaker at the marcus evans Litigation Asia Summit 2012, on the importance of developing a trustworthy relationship with outside counsel. Interview with: Peterson Tien, General Counsel & Vice President, Chimei Innolux

FOR IMMEDIATE RELEASE

Working with outside counsel can prove to be very expensive, but unfortunately it is a must as there is no in-house team that can be equipped with the legal knowledge and know-how of every jurisdiction, says Peterson Tien, General Counsel & Vice President, Chimei Innolux.  General Counsel must work with outside counsel to reduce litigation costs and achieve better outcomes.

A speaker at the upcoming marcus evans Litigation Asia Summit 2012, Tien shares his views on improving the relationship between in-house and outside counsel. 

How should General Counsel handle litigation cases? 

General Counsel must adopt a proactive approach to litigation, as it is very time consuming and expensive. To handle litigation in a budget effective way, they must establish a high-quality monitoring system, particularly when it comes to building relationships with outside counsel. It is equally important for in-house counsel to have a top-down approach where there is full alignment from C-level executives.

How can the relationship between in-house and outside counsel be improved?

This relationship is one of love and hate. Unfortunately, no in-house team can be equipped with all the legal knowledge and know-how of every country and jurisdiction, so part of this must be outsourced. If too much trust is put in outside counsel, they will take advantage of that and run the budget very high. Organisations must spend time to build up a good relationship without giving them a blank cheque. It is advisable to be very detailed-driven and give outside counsel a list of what you will and will not pay.

General Counsel should also ask outside counsel for an overall budgetary estimate for the case as well as monthly forecasts. They have better knowledge of litigation actions and can presuppose what the outcome will be. By looking at this outlook of expenditure, General Counsel can look at the accumulative forecast at the end of the year and see if there is any major deviation and spot issues in a timely manner. 

How has litigation become a part of the overall business operation?

Traditionally, litigation aggressive companies only existed in the US. There is now a trend in Korea, Japan and Taiwan of managers expanding their business thought, not only covering the operation of commercial matters but also placing a strong focus on litigation.

Contact:
Stacey Melvin
Journalist
marcus evans, Summits Division
Tel: + 357 22 849 400
Email: press@marcusevanscy.com

About the Litigation Asia Summit 2012

Offering much more than any conference, exhibition or trade show, this exclusive meeting will bring together esteemed industry thought leaders and solution providers to a highly focused and interactive networking event. The Summit includes presentations on cost-effectively managing disputes, foreign jurisdictions and the importance of building strong relationships with external counsel.

For more information please send an email to info@marcusevanscy.com or visit the event website at www.litigationasiasummit.com 

marcus evans group – legal sector portal

The Legal Network – marcus evans Summits group delivers peer-to-peer information on strategic matters, professional trends and breakthrough innovations.

Please note that the Summit is a closed business event and the number of participants strictly limited.

About marcus evans Summits

marcus evans Summits are high level business forums for the world’s leading decision-makers to meet, learn and discuss strategies and solutions. Held at exclusive locations around the world, these events provide attendees with a unique opportunity to individually tailor their schedules of keynote presentations, think tanks, seminars and one-to-one business meetings. For more information, please visitwww.marcusevans.com

All rights reserved. The above content may be republished or reproduced – kindly inform us by sending an email to press@marcusevanscy.com

There has been a record drop in the number of students applying to study law, according to figures which may be off interest to people attending legal business events.

The statistics from the Universities and Colleges Admissions Service (UCAS) found that there was a 5.2 per cent dip in the number of people applying to study law this year, when compared to a year before. In fact there was nearly 14,000 applicants for law courses at the 26 universities that supply figures to UCAS.

However, it wasn’t just law courses that suffered a drop in student numbers overall there was a nine per cent drop in the number of people applying to higher education courses; which is the biggest fall in more than 30 years.

Marcus Evans presents legal business events, created by experienced professionals and with information presented by industry experts.
 

Attendees at legal business events this year will be interested to hear about proposed changes to the law on inheritance.

Greg Knight MP has proposed changes to the law which currently prevents the children of a parent who dies before the age of 18 inheriting any part of the estate.

The Estates of Deceased Persons Bill would allow grandchildren to inherit an estate if the parents reject or forfeit the legacy.

One of the key principles behind the Bill is to take away the chance of a murderer being able to claim an inheritance. It would allow the children of a person who murdered their own parents to inherit from their dead grandparents.

Under the current law the children would lose out because the parents forfeited their claim.

Marcus Evans presents legal business events, created by experienced professionals and with information presented by industry experts.

Those attending legal conferences over the next few months will no doubt be aware of the changes in litigation funding which are being proposed for the UK.

Litigation backers including law firms are set to benefit from the possible changes, which will see them getting paid in commercial litigation procedures regardless of whether the client wins or not, the Lawyer reports.

This will be a welcome change from the current model, which involves the backer getting paid only if the case is successful.

The new changes, which may see the dawn of an era of co-funding between law firms, are likely to have the most effect on clinical negligence and personal injury claims, the magazine said.

A report by the New Law Journal said at the end of 2010 that one in three UK companies had faced litigation actions in the past year. It predicted that number would rise in 2011.

The latest UK labour market statistics don’t give much of an indicator as to the big issues at human resources conferences in the near future.

They paint a very mixed picture. Unemployment is at its highest point – eight per cent – for 17 years, but the recruitment of people aged over 65 has also hit a high while Jobseekers’ Allowance claimants have fallen by 10,000 in the last three months.

The figures, from the Office for National Statistics, offer support to both those who warn of the UK’s economic fragility and those who see signs of recovery.

Chartered Institute of Personnel and Development chief economist John Philpott said: " The headline rise in unemployment suggests that the labour market weakened at the turn of the year.

"However, figures showing more people in work in the private sector, including in manufacturing, and fewer on welfare benefits offer hope that the labour market might withstand the economic headwinds better than previously expected."

Marcus Evans presents human resources conferences, created by experienced professionals and with information presented by industry experts

Those attending legal business events this year may be interested to hear of new employment laws which will take effect over the next four years.

The British Chamber of Commerce has warned that companies face seven major changes in 2011. Chief among those is the agency workers directive, which may prove expensive to some businesses.

The proposed law is for agency workers to receive the same pay as permanent staff after just 12 weeks in a job. The BCC projected the annual recurring cost to business as £1.5 billion.

Other changes include giving workers the right to request time off to train. And pensions reforms will cost £4.5 billion each year.

The British Chamber of Commerce has warned against "constant tinkering" to employment law, with three changes to parental leave planned for the next two years.

Marcus Evans presents legal business events, created by experienced professionals and with information presented by industry experts.

Those attending legal conferences this year may be interested to hear of proposed cuts to the legal aid budget.

The Justice Secretary Kenneth Clarke believes civil legal aid should be removed for a variety of disputes. Clinical negligence, relationship break ups, and disputes over school admissions are examples of where he feels money can be saved.

However the Bar Council and the Law Society represent barristers and solicitors in England and Wales, and they believe the move will leave hundreds of thousands without representation.

The Law Society believes "more than half a million people each year will find themselves unrepresented and ultimately ’silenced’ in court".

At the launch of the Green Paper last November the Justice Secretary said the proposals would help save £350 million over the next four years.

Marcus Evans presents legal conferences, created by experienced professionals and with information presented by industry experts.