Insights on License Comparability, the Cybersecurity Industry and Optimizing Intellectual Property

Insights on License Comparability, the Cybersecurity Industry and Optimizing Intellectual Property

Welcome to the fifty-third edition of Ocean Tomo Insights, our weekly LinkedIn newsletter featuring Expertise for the Innovation Economy? - unique insights from intellectual property (IP) experts at Ocean Tomo, a part of J.S. Held.

In this edition, Shelly Irvine shares guiding principles for evaluating technical and economic comparability in a two-pronged approach. Also in this edition, Daniel Principe explores the potential use of IP in the cybersecurity industry and Chris Wichser discusses optimizing current IP for growth.


License Comparability Guiding Principles

When assessing whether a license agreement is comparable for the purposes of a hypothetical negotiation for a reasonable royalty, economic and technical comparability are important to consider. Depending on the Court, however, and the facts and circumstances of the case, settlement agreements can sometimes be the best available and relevant evidence as addressed in several recent Federal Circuit cases.

In this article, Shelly Irvine explores some key guiding principles for evaluating technical and economic comparability in a two-pronged approach.

To learn more, click here. To explore this topic and how it could impact your case, please contact Shelly Irvine at [email protected] or +1 415 946 2556.


Intellectual Property in the Cybersecurity Industry

The Ocean Tomo Cybersecurity Industry Report reveals the impact of IP litigation and technology licensing in the rapidly growing industry.

Daniel Principe oversees the creation of Industry Reports for Ocean Tomo, a part of J.S. Held. He shares, “Relative to other industries, Cybersecurity is still a young and fast-developing segment where licensing culture has not yet taken hold”.

Once dominated by several enterprise and consumer-focused companies, the industry is comprised of thousands of cybersecurity software vendors and more than 60 open-source software security platforms hosted on GitHub.

Mr. Principe continues, “Given the industry’s growing market size, aggressive entrants, and open-source software model, there is a potential for established vendors to look to impair these growth drivers through the use of IP.”

To learn more, download the Cybersecurity Industry Report here.

For further information, contact Aidan King at [email protected] or Stefano Tsorotiotis at [email protected].


Optimizing Current Intellectual Property for Growth

Even if your firm hasn’t recently developed new IP, there may be untapped potential within your existing portfolio. Underestimating the value of current IP holdings is common. A comprehensive IP plan considers overlooked assets, supporting a small-to-medium sized portfolio with broader implications.

In competitive markets a robust IP portfolio becomes a strategic asset, protecting your innovations and saving resources otherwise spent on defense.

To learn more, click here. For further information, please contact Chris Wichser at [email protected] or +1 856 296 9281.


Not Necessarily the IP News series, focusing on the lighter side of IP.

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