Insights on License Comparability, Software and Firmware Reverse Engineering and Testing

Welcome to the sixty-first 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, we welcome software and firmware technical expert Chris Furlough who shares insights on challenges of finding evidence of use (EoU) of patented technologies. Also in this edition, Shelly Irvine discusses evaluating technical and economic comparability in a two-pronged approach.

Ocean Tomo Welcomes Chris Furlough

We are thrilled to welcome software and firmware technical expert Chris Furlough to Ocean Tomo, a part of J.S. Held.

Chris joins a specialized team that combines technical excellence, patent expertise, and business acumen to partner with in-house corporate IP groups, outside counsel, and financial institutions to dig into complex systems.

Chris will leverage his 30+ years of experience to conduct product teardowns, functional testing, firmware extraction and analysis, and system and software analysis.

Chris' experience across software applications, including processor security, operating systems, networking, user interface, and device drivers, across a diverse array of products and software has resulted in deep technical understanding.

To learn more about Chris, view his full web bio and contact information here.

Software and Firmware Reverse Engineering and Testing

The process of finding EoU of patented technologies can be complex and costly. Features and functions associated with patented technologies, or the functions associated with the limitation cited in a claim, can exist deep within the products and methodologies allegedly making use of patented technologies. As such, information on various features and functions is usually difficult to access. So, how do experts look for and identify EoU?

In this paper, we examine the complexity and challenges of finding EoU of patented technologies and describe tools and methodologies for establishing EoU for inventions which require software and/or firmware reverse engineering and testing.

To learn more, click here.

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.

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