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Innovation & IP Asset Consulting
Convergence for divergent trends

U.S. LAW CASE ON THE WAY TO COST ADOPTION BY THE UNSUCCESSFUL PARTY (“FEE SHIFTING”)

In German litigation cases it is common, for the unsuccessful party to bear the costs of the procedure as well of the prevailing party (known in English “fee shifting”), which has so far only been done in extremely rare cases in the United States. As a matter of fact, even the presumably prevailing party, for economic reasons, usually compares themselves to the expected unsuccessful party. Since legal procedure costs are much higher in America than in Germany, which bothers most companies, has this so far led to billion-dollar costs and has mainly been exploited by so-called “trolls”.  Read the Rest

EUROPEAN INVENTOR PRIZE AWARDED IN BERLIN

The Berlin European Inventor Award was awarded by the European Patent Office (EPO) for inventors who made ​​an outstanding contribution to the social, technological or economic progress.

Of the six winners, Artur Fischer (94) got the prize for his lifework. He has registered1100 patents over the past 70 years (eg the synchronized flash device). The two Danes Peter Holme Jensen and Claus Helix Nielsen were excellent in the category “Small and medium-sized enterprises” for their effective and inexpensive method of water filtration that works with aquaporin membranes.  Read the Rest

MEDICAL ENGINEERING COMPANY MEDTRONIC TAKES OVER COVIDIEN

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  • by svr1610

Medtronic takes over its American competitor Covidien for approximately 43 billion U.S. dollars, whose shares thereupon increased by more than 27%. This fusion would in particular be an extension of the two companies. While Medtronic specializes in heart disease, Covidien focuses particularly on minimally invasive (keyhole) surgery, vascular therapy and patient monitoring. The enormous austerity of many health systems forces medical engineering companies to find more new efficient synergies through mergers. A strategy is therefore currently pursued, to offer Hospitals themselves. With a combined turnover of 27 billion U.S. dollars, the top position of the pharmaceutical and medical engineering giant Johnson & Johnson is attacked.

ELECTRIC CAR DEVELOPER TESLA ANNOUNCES ROYALTY FREE LICENSES

Palo Alto, June 2014: Elon Musk, founder of electric car maker Tesla announced with a blog entry:

Tesla will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology.

http://www.teslamotors.com/blog/all-our-patent-are-belong-you

As part of the open source movement, Tesla does not want to lead any patent litigation, provided that the patents are used “in good faith”. This leaves much room for interpretation and we must wait out whether Tesla will implement this announcement into action.  Read the Rest

RENEWABLE MEDICINE REPORTS NEW ACHIEVEMENTS

Swiss researchers were the first to achieve tremendous success in cancer patients in the field of regenerative medicine by growing cartilage cells of the nasal septum in petri dishes to create new nose wings and transplant them in the face of their patients. New muscle and adipose tissue form within half a year.

It is a long way until the growth of kidneys, livers, or even a heart, however, presently with cartilage on the rise. Healing through the body’s own tissue regeneration, which fully grows from certain autologous cartilage cells in the patient’s own blood serum. Studies of these kind are very costly, however, two German companies fight far ahead at the front: Urotiss with their product MukoCell, offering a solution for urethral strictures and Co.don, that specializes more and more on cartilage defects of the knee, ankle, hip, elbow and shoulder. Currently, additional sponsors for the admission studies in Europe and the USA are wanted.

GERMAN FAMILY BUSINESS paves the way for ELECTRIC CARS

Sauerland, June 2014: The German family Business Mennekes Elektrotechnik GmbH will produce plugs for electric cars in 2017. This decision by the EU Commission has been decided as early as mid-April. Thereby, the Mennekes plug “type 2” replaces the earlier “type 1”. However, since the company cannot provide for the whole of Europe with its product, the managing director Walter Mennekes freed his patents.

In around 90 countries worldwide, represented with production facilities in China and the U.S., Mennekes is a world market leader with its core business of standardized industrial plugs and sockets of the CEE standard.

CREATIVITY FOR NEW ITEMS DEMANDED

According to Simon Hage and Christoph Neßhöver from the Management Magazine, only two German suppliers such as T-Systems and SAP can keep up with the competition of the hundred largest technology companies. A strength of the Germans is the optimization of already established products, while the core objective must not only aim at assuring the continued existence. Creativity and risk-taking are lacking factors in this country. Large corporations are primarily about profit maximization, which blocks courageous entrepreneurs and start-ups. At the time of the “founding boom” they had the vision to conquer markets and realize preliminary losses. In order to not loose world ranking, new business ideas and marketplaces must increase, because the result of the lack of vision is as follows: Although there are some German world leaders in niche markets (for example, dog leashes), however, in megatrends (such as smartphones) the German economy’s performance appears rather weak. Creative minds wander off, because other nations lure with far more attractive conditions: creation and innovation is encouraged, creativity promoted, as well as from the political side. There, Germany cannot contend.

AN AMERICAN DILEMMA: LESS INVESTMENTS IN SCIENCE AND RESEARCH

The American market economy and its tax system do no favor their companies with current high rates and absurd exemptions. Corporations and their managers act only according to whether the costs are higher than the benefits. In this case, such high tax rates can significantly distort decisions. This results in a huge dilemma, since no investments in science and research are being made, but rather in the expansion of finance departments. In addition to the massive tax losses, all this has much more serious consequences: jobs will be cut, medicine will stop being developed and at last, competition remains stalled.

A prominent example of this is the American pharmaceutical company Pfitzer. The patents expire and the research budget is drastically reduced in order to maximize profit. This, of course, will be sent abroad due to significantly lower tax rates.

GOOGLE LONGS TO BUILD OWN ROBOT

Last year, the Internet giant Google took over seven technology companies to implement its robot project, including Boston Dynamics, who closely worked with the U.S. Department of Defense. The “BigDog” model manages to move and keep the balance on four limbs even heavily loaded with up to 6 miles an hour on snow and ice. In mechanical engineering, the sense of balance is one of the most challenging problems, and in exactly this field is Boston Dynamics specialized. Models are currently developed that particularly seem close to humans beings.

It is directed by Andy Rubin, who developed the Android operating system. However, one will find it difficult to ascertain the intentions, because it is a secret project and therefore all involved must sign a non-disclosure agreement.

For Google, it would probably be less about another consumer good and creating the supply chain of a product. Especially in China, a considerable need for automation still exists. However, big potential also exists in aircraft and machine tool manufacturing. Google now shows the potential that lies in the market. In the future, robots will probably still continue to orientate on people and even emotions, to make the machine more mobile and flexible.

GOOGLE INTRODUCES THEIR PROTOTYPE OF AN INDEPENDENTLY MOVING CAR

Mountain View, May 2014: the Internet giant Google introduces a completely new idea with its prototype of a self-navigating car. So far, only modifications of existing vehicles were tested, in which the driver could still intervene. For Google, however, it is now a matter of pure transport: No steering wheel or brake, even no mirrors are available, only a start-stop button. So, the driver should not be able to intervene and merely have the option.

This car is designed purely for city traffic, can distinguish between pedestrians and cyclists and cannot drive faster than 40 km/h. Electronic sensors detect the complete surroundings, which also cuts the problem of the blind spot. This transformative technology actually has the potential to fundamentally redefine the transport of people and the potential utilities of vehicles in the city. As more people move to the city, local mobility must adapt to these new forms of life. In addition, the built-in technology has the potential to prevent car accidents.

Lead developer of this project is the German computer scientist Sebastian Thrun. After five years and hundreds of thousands of kilometers of testing phases, the model Aptera was presented that looks like a mix of smart and BMW Isetta with a touch of Disney design.

This is not a playground, but extremely seriously. Google is Tesla to the power of ten with the money that the search engine company has in the bank.

Ferdinand Dudenhöffer, head of the Center for Automotive Research

  • Legal Information

    Stellbrink IP is legally represented by Axel Stellbrink. Axel Stellbrink is admitted in Germany to practice as a Patent Attorney and as a European Patent, Trademark and Design Attorney before the European Patent Office (EPO), the World Intellectual Property Organisation (WIPO) and Office for Harmonization of the Internal Market (OHIM) and is member of the German Patent Attorney Bar (Tal 29, 80331 Munich, www.patentanwalt.de) and the EPI (Bayerstr. 83, 80335 Munich, www.patentepi.com). The applicable lawyers’ occupational laws can be found on the website of the chambers mentioned before. Professional indemnity insurance is in place with Ergo Versicherungs AG.

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