Merchant Bank Puts Patents On Auction Block IP Law Bulletin (Tuesday, September 06, 2005)--
Intellectual property assets will soon be found on a
Christie’s-style auction block, catering to Fortune 500
companies among others, when merchant bank Ocean
Tomo LLC launches live patent auction events in April 2006.
The bank’s IP auction house, the first of its kind, will
auction patents after a careful selection and rating process.
The auctions will take place twice each year, one on each
coast, with patents solicited in advance for their potential
value and some buyers invited based on company analysis. Wednesday, September 07, 2005
Finisar Corporation, a fiber optics technology company,
has sued rival Agilent Technologies Inc. after being
The first auction will take place in California’s Silicon Valley
granted a new patent for its transceiver diagnostics
Ocean Tomo, which specializes in intellectual property
assets, acquired a California patent rating boutique earlier
this year to rate each patent being considered for auction
Telecom carrier Verizon Communications Inc and Texas-
The ratings will be generated using a complex, objective
based MyMail Ltd. have settled patent infringement
model based on 20 years of research. Specifically, it will
litigation over technology for improving dial-up internet
use statistical models of datasets of renewed versus
abandoned patents to predict value, the bank said.
The rating system and auctions will provide a service that
attendees will find ground-breaking, according to James E. Rivals Symbol Technologies and Intermec Technologies
Corp. have settled a bitter and publicly fought patent
dispute over an emerging wireless tracking technology
“This has been generated out of a couple of recent trends. that could one day replace bar codes on packaged goods.
First, there has been significant growth in the number of
patent sale transactions. Second, the usual means of
disposing of core or non-core technology patents have
become limited and people are still looking to liquidize,”
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He is confident there are as many buyers as sellers, waiting
to take advantage of the new format.
“There are lots of Fortune 500 companies who will be
A U.S. appeals court has rejected a claim by the Arizona
Cartridge Remanufacturers Association (ACRA) that
attending the first auction, but at this point they do not
want to be identified,” Malackowski said.
Lexmark International Inc. engaged in unfair business
practices by offering discounts for its patented printer
Malackowski envisions the auctions being copied as
popularity increases; perhaps altering altogether the way
technology is researched, developed and licensed.
However, he does not foresee patent acquisition
companies, which buy and assert patents as their primary
Intellectual property assets will soon be found on a
Christie’s-style auction block, catering to Fortune 500
companies among others, when merchant bank Ocean
“Ultimately, the strategic corporate buyers will prevail at
Tomo LLC launches live patent auction events in April
auction due to their ability to get products to market,”
Ocean Tomo will receive a portion of the patent auction
price for third-party patents, comprised of a combination of Tuesday, September 06, 2005
the buyer and seller premiums, similar to most other
A federal appeals court has reinstated part of an antitrust
auction houses. The firm will also charge fees for the
challenge to a deal between Irish drug maker Elan and
Skyepharma over a generic version of the non-steroidal
anti-inflammatory drug Naprelan (naproxen sodium).
In August, Ocean Tomo launched an investment fund to
provide private equity capital and mezzanine debt to
companies with undervalued intellectual property rights,
California-based Alza Corporation, a maker of drugs for
The fund will issue private debt and make equity
attention disorders, has filed a complaint against two
investments at competitive rates to qualified middle-
domestic rivals over their attempts to gain approval for
market operating companies that are generating revenues generic versions of its drug Concerta.
of approximately $50 million to $1 billion, Ocean Tomo said.
Aventis' patents for the lucrative allergy drug Allegra
spawned new litigation last week against Mylan
Pharmaceuticals, just as new plans were announced by
rivals Barr and Teva to cooperate in manufacturing a
(Tuesday, May 03, 2005) Tuesday, September 06, 2005
Danish drug maker Novo Nordisk A/S has sued its French
rival Sanofi-Aventis over patents for its device for
administering insulin to people living with diabetes.
http://www.iplawbulletin.com/cgi-bin/absolutenm/anmviewer.asp?a=3986&z=18 (2 of 4)9/8/2005 3:55:44 AM
AstraZeneca has sued a manufacturer for trademark
infringement and false advertising under the Lanham Act,
alleging a copycat version of its inhaled asthma
medication Pulmicort Respules is forced on unsuspecting
Male supermodel Tyson Beckford has sued rap-mogul-
turned-fashionista Sean “Puffy” Combs for misusing his
image after their advertising agreement collapsed amid a
United Kingdom-based Smith & Nephew Inc., a global
medical device maker, prevailed in the first phase of its
patent infringement trial with its Swiss rival Synthes Inc.
in district court this week, over technology for aiding the
Media and technology company Gemstar-TV Guide
International Inc. has reached another licensing
agreement with Pioneer Corporation, paving the way for
the Tokyo-based company to expand its use Gemstar’s
technology in its consumer electronics products.
In a decision with ramifications for reverse engineering of
software, the U.S. Court of Appeals for the 8th Circuit has
affirmed a lower court’s decision to bar “add-on”
technology being used to mirror a popular online gaming
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A Johns Hopkins Hospital neurosurgery professor has
sued the intellectual property management company
Computer Patent Annuities and the law firm Holland &
Knight for causing the abandonment of a patent worth
$20 million by failing to pay the annual maintenance fee
for a Japanese patent for the pain reliever Clonidine.
http://www.iplawbulletin.com/cgi-bin/absolutenm/anmviewer.asp?a=3986&z=18 (4 of 4)9/8/2005 3:55:44 AM
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