November 29, 2018
Efrat's  Message : PresidentsMessage
Happy Thanksgiving to our colleagues, clients and friends! We hope you enjoyed  this time with family. Here at Foresight we are thankful for the innovation and creativity that we encounter in our work with intellectual property, each and every day. I am also personally thankful for having the closely-knit team that we have here at Foresight, a team that is bright, resourceful and talented.   

This newsletter highlights two of our most recent blogs, written by Foresight team members. We feature the newest installation in a series of blogs on Brand management with a discussion of stadium naming rights as an effective branding tool. Some of the world's most iconic brands own the naming rights to professional stadiums around the globe. When done correctly (and with a little help from the incumbent team), stadium branding can be an extremely effective way to increase Brand Awareness. We also take a look at the Foreign Investment Risk Review Modernization Act of 2017 (FIRRMA), created by the current Administration to protect US technological superiority and address national security risks. Many perceive FIRRMA as posing a threat to a wide range of innovative industries, including Biotech, Aerospace, and Nanotechnology, by adding increased governmental scrutiny that may restrict the funding needed by entrepreneurs seeking to build the next-gen technologies. This topic has been top of mind for many in the IP community, as well as in the Silicon Valley startup community where we are located.
Finally, we are launching a new segment in our newsletter, an IP News Digest, summarizing the most interesting stories from our Twitter feed. If you are not already following Foresight on Twitter, please follow us at @ForesightValue.


Foresight Blog Highlights IntheMedia

Stadium branding has become an increasingly popular tool for brand managers. Some of the world's most iconic brands own the naming rights to professional stadiums around the globe. When done correctly (and with a little help from the incumbent team), stadium branding can be an extremely effective way to increase Brand Awareness. And although the effects are tough to observe in traditional measures of value, such as share price, the naming rights have the potential to greatly impact Brand Value. Furthermore, this tool has been proven successful in the efforts of Brand Revitalization. Levi's, for example, struck a $220 million deal for Levi's Stadium in 2013 as a key part of its brand recovery efforts. Recently, the company announced its intention to IPO again after being taken private in 1984. This piece further explores why stadium naming rights should not be ignored as a tool for building valuable brands.

For the full article please click  here

The Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) was signed into law in August of this year and a new pilot program took effect on November 10, 2018. This pilot program expanded the scope of transactions that are subject to review by the Committee on Foreign Investment in the United States (CFIUS) and makes effective mandatory declaration provisions for all transactions subject to Committee review. While the published purpose of this program is to protect national security from emerging risks related to foreign parties gaining access to critical US technologies while maintaining an open investment policy, there may be unforeseen consequences which impact the ability of innovative US companies to secure funding. The scope of transactions subject to CFIUS review through this pilot program applied to industries such as BioTech, Aerospace, and Nanotechnology and this piece explores the impact that this additional governmental oversight may have on the ability of companies in these industries to secure funding and generate the types of intellectual property that will be the subject of future IP licensing effort.

For the full article, please click here

IP News Digest TwitterHighlights

The Court of Justice of the European Union ruled that Levola could not claim exclusive rights to its spreadable cheese. The Dutch company was seeking copyright protection of its cheese spread after a competitor began selling a similar product. The court ruled that "the taste of a food product cannot be identified with precision and objectivity" and thust could not be eligible for copyright protection. 
A court ruled that the LEPIN brand had copied the building blocks and miniature figures of Lego in China. The 4 defendants in the case were ordered to pay about 4.5 million yuan ($650,000) in damages. Lego has a reputation for aggressively defending its IP and has previously won 2 major IP cases in China - a trademark case and another copyright case.
In 2014, a California court awarded the Alfred E. Mann Foundation $131.2 million in damages from Cochlear for the infringement of 2 patents. Recently, a federal judge in California has doubled that award and ordered Cochlear to pay $268 million. Cochlear plans to appeal the judgement and expects the case to continue for an additional 2 years
The average cost of bringing a pharma asset to market was estimated by Deloitte in 2010 to be $1.18 billion. In 2017, Deloitte updated that estimate to nearly $2 billion. Patent protection is essential in allowing life sciences companies to recoup this massive investment that largely goes to cover R&D and the regulatory approval process.
The law surrounding patent eligibility became a chaotic mess around 2012-2014 with the Mayo v. Prometheus, AMP v. Myriad, and Alice v. CLS Bank decisions. Because of these decisions and the resulting blur of eligibility, the most exciting scientific discoveries, technological advances and innovations of the twenty-first century are no longer patent eligible in America.

Upcoming Events Upcomingevents

LES High Tech Sector Webinars

Wednesday, December 5 - 1:00 pm Eastern: Webinar - Artificial Intelligence and Machine Learning: Negotiating Product, Service, and Marketing Agreements.  Learn more and register

Tuesday, December 11th, 2:30 PM Eastern: WebinarHTS - Internet of Things: Managing IoT Privacy and Security Risks