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Apple versus Samsung: Samsung’s ‘out’ to escape infringement

By David French

This post goes right to the very heart of a patent and what a patent can and cannot do in the marketplace. And it has a twist, if you are prepared to bear with the analysis to the end.

In my prior post on the subject, I referred to an important hearing held on Dec. 6 this year before Trial Judge Lucy H. Koh. During the hearing, Samsung tried to limit the scope of the consequences of the $1-billion jury decision that arose out of the trial held in August. Among the numerous matters discussed, Apple asked that the jury’s award be increased by an extra one third of a billion dollars as “punitive damages.” The judge can also reduce the amount of the damages awarded if the jury has been unreasonable. Other issues were discussed, but the judge reserved her decision.

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October roundup: What does it take to bring technology to market?

By Alexandra Reid

As usual, we covered a lot of ground on our blog last month.

We explored why startups should focus on problems, not platforms, and why they shouldn’t outsource their core competencies. Francis explained why marketing involves much more than just creating a message and delivering that message with the tools of advertising and public relations. Mitch Joel supported that argument by stating that marketing is everything. Leo shared lots of great media relations advice, teaching us how to pitch to busy journalists without becoming a nuisance. Of course, these just scratch the surface of the topics we covered.

In case you missed any, here is a handy roundup of our posts last month, ranked by the enthusiasm of our readers:

October 16: Meet ..duo by Alexandra Reid

October 11: Montreal’s Notman House enters final funding stage by Francis Moran

October 10: Mitch Joel on why marketing is everything by Alexandra Reid

October 15: Social media gaffes: They can happen to anyone by Megan Totka

October 22: The plight of product managing myself by Peter Hanschke

October 24: ‘Put away the cozy image of the little old lady knitting a sweater for the grandkids’ by Alexandra Reid

October 9: Apple versus Samsung – Every patent owner’s dream by David French

October 2: Why I started learning code: a marketer’s perspective by Alexandra Reid

October 4: Marketing is about more than the colour of your new website by Francis Moran

October 23: Pitching to busy media figures in various media environments by Leo Valiquette

October 17: The thin line between being persistent and being a nuisance by Leo Valiquette

October 30: Make sure you’re barking up the right tree by Leo Valiquette

October 18: Canadian angel investors to gather in Halifax next week by Francis Moran

October 31: Pitch perfect: Startups should focus on problems, not platforms by Alexandra Reid

October 25: Communications planning: The principles by Caroline Kealey

October 3: Startups: Do not outsource your core competency by Leo Valiquette

October 29: The allure of building enterprise products by Jesse Rodgers

Image: 10Wallpaper.com

Apple versus Samsung – Every patent owner’s dream

By David French

On August 24, 2012 a California jury issued a decision awarding just more than $1 billion to Apple against three Samsung Electronics companies. This ranks among the top patent awards in U.S. history.  But the case is not over. The final decision, once settled by the judge, will be subject to appeal to the Court of Appeals for the Federal Circuit in Washington. In other mega-patent cases this court has been proactive in terms of adjusting decisions, even those supported by a jury verdict.

On December 6, 2012 an important hearing before trial judge Lucy H. Koh will occur. Samsung has the right and will request the court to render a judgment notwithstanding the verdict issued by the jury, requesting dismissal of the action. This type of procedure is permitted and has occurred in the past, particularly where the jury’s conclusions are so unreasonable as to be perverse. But this is not likely to happen, subject to one new twist: one of the jurors who led the jury in its debates did not fully disclose his special interest and knowledge about patents when questioned before being allowed to join the jury.

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July roundup: What does it take to bring technology to market?

By Alexandra Reid

As usual, we covered a lot of ground last month on our blog. We talked about social media, customer service, content marketing, trademarks for small businesses, neuromarketing, the trials of RIM, government funding for startups and what they have to get right to go global. In case you missed any of our posts, here’s a handy roundup:

July 9: Trademarks for small businesses in little towns

July 23: What technology firms must get right to internationalize quickly

July 25: Have the feds finally found the right way to back winners?

July 30: The pitch from a neuromarketing perspective

And on a related note…

In addition to our series, our associates and guest bloggers were also busy writing on a great range of topics. Here are our other posts from July, as ranked by the enthusiasm of our readers:

July 26: Hard-cabled for success

July 31: A nice little story about the value of storytelling in content marketing

July 16: The best time to start a business

July 17: 5 qualities of a great ghostwriter

July 24: Throttled by those five ubiquitous rings

July 10: 7 reasons why people hate your B2B business blog

July 11: Your audience will judge you by your cover

July 3: The top 10 truths of social media

July 18: Where is Ottawa’s International Startup Festival?

July 12: Managing perceptions and product at RIM like Apple did

July 19: Why I like customer advisory boards

July 5: The price of everything, the value of nothing and customer service

Image: Cynthia Frenette

Trademarks for small businesses in little towns

By David French

I visited a wine tasting opening event for a make-it-yourself wine business in Shawville, Québec recently. While reclining in comfort, I considered the question: “Do intellectual property rights matter for small businesses in little towns?” IP rights refer to patents, trademarks, copyrights, secrets and a few other subtle types of non-tangible property rights. Everybody’s always interested in patents because they think patents are a ticket to getting rich. But this happens so rarely that I would like to skip to the most important IP right: trademarks.

What is a trademark? Before answering this question, there is a key issue that is worth considering: After you spend all your money on advertising and promotion, including printing letterhead and handing out business cards, what do you have left in terms of value? The answer is people’s impressions and memory of you and your business. And how are people going to remember you and your business? That is where a trademark comes in.

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Recent Comments

  • The Future of A&R – Walabe : [...] http://francis-moran.com/marketing-strategy/top-10-questions-every-strategic-communicator-should-ask... [...]

  • Traditional Marketing is Dead – Long Live Bikini Waxer Marketing | Scalexl : [...] pointed out by Alexandra Reid on the Francis Moran website content marketing is becoming more and more like journalism. So, it is not just about the content, [...]

  • It’s Summertime…and the Networking is Easy? | THE MERRAINE BRAIN : [...] In fact, summer is perhaps one of the times least used to network, yet at the same time has shown to be the most productive time to network. People tend to be in a brighter mood compared to during the gloomy winters-especially where I am from in England! Networking needs to be fun and not approached as another chore, like mowing the lawn. (http://francis-moran.com/marketing-strategy/social-media-strategy-why-meeting-in-the-real-world-matt...) [...]

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