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NSA phone taps and Syrian Sex Slaves - the cost of forgetting the Magna Carta.
In which Stan Muller teaches you about our third branch of Intellectual Property, trademarks. A lot of people confuse trademark and copyright. Trademarks apply to things like company and product names and logos, packaging designs, and commercial designs. Basically, copyright protects ideas, but trademarks protect the things that help consumers tell companies apart. This ensures that consumers know the source of the goods theyâre buying. Without trademarks, it would be really difficult to buy the same product twice, and very easy for unscrupulous companies to pass off fakes and knock offs of the products you want. Iâm telling you, you like trademarks. Crash Course is now on Patreon! You can support us directly by signing up athttp://www.patreon.com/crashcourse Thanks to the following Patrons for their generous monthly contributions that help keep Crash Course free for everyone forever: TO: Noura M. AlMohaimeed FROM: Bodour K. AlGhamdi MESSAGE: Happy Birthday to my easily excitable friend and companion, Noura. TO: crash course team FROM: tuseroni MESSAGE: keep up the good work (Thanks! -stan) Thank you so much to all of our awesome supporters for their contributions to help make Crash Course possible and freely available for everyone forever: Pablo Soares, Brad Mohr, Stephen DeCubellis, Ian Gallagher, Vanessa Benavent, LĂĄzaro Clapp, James Hood, Damian Shaw, James H.G. Redekop, Carl Ayres
âWe know that if someone walked into a Citibank or Chase establishment with a face mask or a gun, pulled out a note stating that the teller should fork over, say, $547,000 and walked out of the place in broad daylight, he'd get 36 years in a federal prison. Â Apparently, Chicago's own Joseph Banks, who during his trial reported that he was a "humble, anti-gun" bank robber, should have said that he was a FOREX trader. Â That would have entitled him to keep 1/2 the money he stole just so long as he agreed to go three years without trying to do any other criminal activity.â
Read the full post at Inverted Alchemy.
âIf you listened to President Obama and Congressional leaders this week, you heard that the United States was urgently seeking to conclude a vital piece of trade legislation paving the way for the TPP. Â Senate Bill 995 also known as the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (CTPA) allegedly will boost the U.S. export market for its goods and services. Â To date, we don't have a lot of visibility into what the TPP includes but, from the CTPA, we can get a great clue as to the identities who have shaped it.â
Todayâs entry discusses the Trans Pacific Partnershipâs impacts on intellectual property and the implications these hold for emerging markets and sectors like pharmaceuticals. Read the full post at Inverted Alchemy.
This week, Stan teaches you about patents. It turns out, theyâre patently complicated! So, patents have some similarity to copyright, in that they grant a limited monopoly to people who invent things. The key difference in patents and copyright is that patents are for THINGS. Copyright is for an idea. So, if youâve come up with a great new invention, like for example, a condiment gun, you should get a patent. Weâll also talk about some of the limitations and problems of patents, including patent trolls
Thanks to the following Patrons for their generous monthly contributions that help keep Crash Course free for everyone forever: Mark Brouwer, Jan Schmid, Steve Marshall, Anna-Ester Volozh, Sandra Aft, Brad Wardell, Christian Ludvigsen, Robert Kunz, Jason, A Saslow, Jacob Ash, Jeffrey Thompson, Jessica Simmons, James Craver, Simun Niclasen, SR Foxley, Roger C. Rocha, Nevin, Spoljaric, Eric Knight, Elliot Beter, Jessica Wode TO: Sarah M. FROM: Anthony M. Making our own history awesome! Happy 3 year Anniversary! TO: Everyone FROM: Someone The earth is but one country, and mankind its citizens. Thank you so much to all of our awesome supporters for their contributions to help make Crash Course possible and freely available for everyone forever: Pigmy Wurm, Sverre Rabbelier, Sverre Rabbelier, Liubko Qwert, Denis Anton Dagongdong-Thorpe, Gwendolyn Gillson, Caleb S Dockter, Tessa Huddleston, Michael Hughes-Narborough, Alex Freeman-Smith
Crash Course gives a nice overview of patents for those just getting into the world of IP.
On May 7, 2015, the European Patent Office (EPO) revoked one of Celgene's (NASDAQ:CELG) patents on RevlimidÂŽ. RevlimidÂŽ reportedly accounts for almost $5 billion of Celgene's nearly $7.5 billion in annual revenue and is appro
Our analysis of Revlimid has also been published on SeekingAlpha. Â
This post includes analysis of one patent. Â To view the complete report with a look at all 15 patents listed here, check it out on Harvest.
Celgene RevlimidÂŽ Validity Review
Celgeneâs RevlimidÂŽ Patents Do Not Withstand Review
On May 7, 2015, the European Patent Office revoked one of Celgeneâs (NASDAQ: CELG) patents on RevlimidÂŽ. RevlimidÂŽ reportedly accounts for almost $5 billion of Celgeneâs nearly $7.5 billion in annual revenue and is approved by the U.S. Food and Drug Administration (FDA) for the treatment of cancer and other autoimmune diseases.
Follow the link to the full report.
âLying, it turns out, is a prevalent social utility for the most part because it works most of the time. Â The willful concoction of a false statement to mislead another person or the selective obscuring of something that would inform another is as prevalent as conversation itself.â
Read the full entry at Inverted Alchemy.
Hedge funds like Ferrum Ferro and Dallas-based Hayman Capital Management are taking advantage of the Patent Trial and Appeal Board's (PTAB) new methods of post-grant patent challenges like Inter Partes Review (IPR) as
More M¡CAM analysis has been featured on Seeking Alpha!  The previously-published Patently ObviousŽ report looks at several inter partes review filings brought against patents that cover multiple drug products made by Allergan, Inc.
Be sure to check it out if you missed it the first time!
Alcatel-Lucent's (NYSE:ALU) position in telecommunications markets and their contracting partners present substantial issues to consider with respect to any potential sale of its intellectual property. Reviewing the laws, rul
M¡CAMâs analysis of the Alcatel-Nokia acquisition is featured on Seeking Alpha!
I was in a 6th floor hotel room on Grace Bay in Providenciales, Turks and Caicos Island on Tuesday, January 12, 2010 when I noticed the floor shaking under my feet. Â Colleen was napping on the bed and, as I was watching, it slid on the floor. Â âWhat was that?,â she asked as she roused from her post-sun nap. Â âJust a little earthquake,â I responded. Â About 191 miles away from our room, a quarter of a million people had just lost their lives and over a million lost their livelihoods. Â At dinner, oblivious to the epicenter, we saw the news of the tragedy that had struck Port-au-Prince. Â In the five years since the earthquake, cholera has impacted the lives of at least 100,000 people and has led to nearly 10,000 preventable deaths. Â And, after 5 years, nearly one third of the cholera treatment centers have been closed due to lack of funding according to the latest UN statistics. Â About five years earlier, the Indian Ocean had heaved off the coast of Sumatra killing another quarter million people in what was thought to be the 3rd most powerful earthquake in modern recorded history (trailing the 1960 Valdivia Chile 9.5 and 1964 Prince William Sound Alaska 9.3).
This weekend, Katmandu experienced the latest mass-casualty earthquake with the death toll still mounting as I write.  Itâs another springtime of death 5 years later.  Itâs another moment of desperation as families seek to find their loved ones in the midst of centuries-old rubble and informally constructed brick and stone homes.  And itâs another moment when the instant response from everyone from Save The Children to the UN is to send money to jump-start relief efforts less than two months before the arrival of the monsoons⌠and cholera.
Two years ago, Santosh Gyawali, Senior Disaster Specialist for USAID Nepal wrote an article for Disaster Risk Reduction entitled âImplementing Building Codes to Save Lives.â Â In his article he stated that, âa large earthquake would result in at least 100,000 deaths, 300,000 injuries, and 1.6 million displaced in the capital city alone.â Â According to the study performed by Geohazard International, the majority of risk to humans in the Kathmandu Valley was not from mudslides and natural hazards but rather from âpoorly constructed buildings not built to seismic codes.â Â And while the last big earthquake to topple much of Kathmandu was in 1934, the population explosion that has happened since then led experts to warn of the impending loss of life and property. Â In a July 28, 2014 article inCosmos entitled âKathmanduâs earthquake nightmare,â Kate Ravilious carefully laid out the anatomy of what happened on Saturday â a year before Saturday!
While we marvel at the nighttime lightning images from Chileâs Calbuco volcano and the emergence of islands in the Pacific â including one I saw rising from the sea in Tonga after watching a mini-tsunami in the hotel swimming pool! â we seem to be collectively missing a number of critical points as humanity despite the earthâs generous and frequent reminders to PAY ATTENTION!  While sociopaths in Washington, Brussels, Jerusalem, Moscow, Tehran, Kiev, Vienna and, Beijing play out their Freudian dysfunction jeopardizing the lives of billions, the earth is reminding us that itâs one active mother (fill in the expletive if you so desire!).  And if weâre listening to its rumblings, crashings, and torrents, we may be ignoring something far more important than our post-traumatic sympathy for people weâve cared nothing about before this Saturday⌠this time!Â
Kathmandu and its residents donât need our sympathy now. Â Theyâve needed our attention for at least the past 20 years during which time more people have been killed in political insurgency than the earth did on Saturday. Â The Maoist United Peopleâs Front, the Nepali Congress Party, the United Communist Party of Nepal, the police and the armed forces have variously harmed and unified this poverty-ridden nation. Â On April 24, 2006, then King Gyanendra laid the groundwork for the Constituent Assembly which governs the country today. Â No breathtaking coverage from CNN and BBC when tortures and killings claimed 13,000 lives because We The People donât care about the root causes of poverty and extremism around the world! Â No calls for humanity to find all the other Nepals and Haitis before they become victims of ânatural disastersâ. Â But most troubling is the fact that the disaster IS NOT NATURE! Â Itâs human callousness that fails to realize that a world built valuing Well-Being does not die at the hands of nature. Â
And this is not some sort of naĂŻve illusion.  My dear friends in Papua New Guinea live WITH volcanoes and earthquakes â many of which are more violent and powerful than the ones grabbing the headlines â and theyâve lived with nature for 40,000 years!  Stone walls in Saksaywaman outside of Cusco Peru sit atop highly seismic convergences and, based on their interlocking engineering, have stood for an indeterminate period of time.  And my team at Mâ˘CAM, working together with our visionary partner Krishna Gurung, President and Founder of the Kevin Rohan Memorial Eco Foundation, designed buildings using bottles (similar to the work we did inMongolia to build greenhouses) in Kathmandu which did not fall when the earth shook!Â
The earthquake is another wake-up call for us to realize that earthquakes and volcanoes donât kill anywhere near the number of people that our careless neglect and predilection to violence does. Â And while putting up emergency shelter, water and sanitation is an immediate need in this moment, itâs past time that we wake up and realize that focusing on economic, social, and trade justice pre-empts our pathetic impulse to act sympathetic after our indifference is evidenced by earth and war. Â Among the many things that this earthquake did for me was to solidify my deeply held conviction that Iâm no longer capable of engaging those who debate the existential merits of the ephemeral âmeaningâ in life if they donât stand shoulder to shoulder with those who are actually working to live. Â And, at the risk of heresy, itâs time for someone to update the New Testament timeless debate about âfaithâ and âworksâ which has received more attention than the citizens of Nepal. Â In James 2:14-26, the following is written:
14 What does it profit, my brethren, if someone says he has faith but does not have works? Can faith save him? 15 If a brother or sister is naked and destitute of daily food, 16 and one of you says to them, âDepart in peace, be warmed and filled,â but you do not give them the things which are needed for the body, what does it profit? 17 Thus also faith by itself, if it does not have works, is dead. 18 But someone will say, âYou have faith, and I have works.â Show me your faith without your works, and I will show you my faith by my works. 19 You believe that there is one God. You do well. Even the demons believeâand tremble! 20 But do you want to know, O foolish man, that faith without works is dead? Â 21 Was not Abraham our father justified by works when he offered Isaac his son on the altar? 22 Do you see that faith was working together with his works, and by works faith was made perfect?23 And the Scripture was fulfilled which says, âAbraham believed God, and it was accounted to him for righteousness.â And he was called the friend of God. 24 You see then that a man is justified by works, and not by faith only. 25 Likewise, was not Rahab the harlot also justified by works when she received the messengers and sent them out another way? 26 For as the body without the spirit is dead, so faith without works is dead also
. Thereâs no question that the wisdom that is captured in the 16th verse above is the only prophetic voice we should listen to at the moment.  If we see destitution, we have a DUTY to ACT!  And until we see none without, weâve always got something to DO!
More Affordable Wind Power for Virginia
Dominion Virginia Power put its offshore wind power project in Virginia Beach on hold this week due to prohibitively high estimated costs. Public domain patents could help lower those costs and get the Commonwealthâs green energy plans back on track!
Make sure you check out the latest from the Global Innovation Commons, especially all you fellow Virginians! Â This one is close to home.
Introduction to Intellectual Property: Crash Course IP 1
This week, Stan Muller launches the Crash Course Intellectual Property mini-series. So, what is intellectual property, and why are we teaching it? Well, intellectual property is about ideas and their ownership, and itâs basically about the rights of creators to make money from their work. Intellectual property is so pervasive in todayâs world, we thought you ought to know a little bit about it. Weâre going to discuss the three major elements of IP: Copyright, Patents, and Trademarks. Crash Course is now on Patreon! You can support us directly (and have your contributions matched by Patreon through April 30th!) by signing up at http://www.patreon.com/crashcourse Thanks to the following Patrons for their generous monthly contributions that help keep Crash Course free for everyone forever: Suzanne, Dustin & Owen Mets, Amy Fuller, Simon Francis Max Bild-Enkin, Ines Krueger, King of Conquerors Gareth Mok, Chris Ronderos, Gabriella Mayer, jeicorsair, Tokyo Coquette Boutique, Konradical the nonradical TO: Everyone FROM: Bob You CANâT be âBased offâ of anything! BASED ON! TO: the world FROM: denial Nou Ani Anquietas. Hic Qua Videum.
Crash Course IP is finally here! Â Check it out. Â Weâre looking forward to the next episodes.
Sunday, April 19, 2015
Not Equal Anymore
I was one year old when the Civil Rights Act of 1968 was signed into law by President Lyndon B. Johnson. Â This law was an update of the anti-discrimination law passed in 1964 and was precisely aimed at insuring that racial housing discrimination would end. Â It had been about 100 years (April 1866) since the bloody war that had pitted brothers against brothers and neighbors against neighbors animated, among other things, the final enactment of the first Civil Rights Act of 1866 twice vetoed by then President Andrew Johnson. Â This law, also finally enshrined in April 1866, recognized that all citizens were to be afford equal protection under the law. Â Two rather ineffective Presidents - both named Johnson and both President by virtue of assassination - presided over the country during two of the most pathetic legislative milestones in the United States - the recognition that People should actually be treated as People! Â Regrettably, their less than enthusiastic patronage of these Acts reflected not only their own contempt for those not like the majority establishment, but the prevailing status of the citizens of the Republic.
During the summer of 2014, I had the privilege of hosting a racially and gender diverse weekend gathering at my home. Â Anyone who has spent a weekend at the house will attest to the breadth of conversation that attends such gatherings. Â Over flourless waffle breakfasts and savory dinners infused with fresh produce from the garden, any topic is fair game. Â We discussed our respective upbringings and reflected on the way in which opportunity had manifest in our lives. Â And while we all had ample evidence of our individual and collective successes and accomplishments I was intrigued by the unspoken sorrow I heard in some of the voices who clearly carried the pain of a society that still did not adequately account for the disadvantages imposed on persons based on skin color, heritage, and other social "differences". Â For a twenty-first century conversation, it seemed to me that we were still living in some barely illumined 19th century paradigm.
So it occurred to me that we should examine the root of the social scourge rather than merely reflecting on its fruit.  And in the ensuing months, I spent a lot of time reading legislative debates, breathtaking oratory from visionaries and bigots alike, and laws allegedly aimed at breaking down barriers of access.  Some of these thoughts have surfaced in my previous writing.  What stood out to me was something that didn't fully gel until February 2015.  We established a glass floor with Civil Rights - not a ceiling.
Let me explain.
I have been working with the University of Miami Executive MBA program for Artists and Athletes which matriculated its first class, largely comprised of current and former National Football League players, in February 2015. During the opening weekend, I was invited to address the class and I pointed out two important insights.  First, I described the players as alchemists.  This was not some nostalgic illusion.  Think about it.  To play in the NFL, at some point in your life you have to find a way to take a game and turn it into not only a career but into an exceptionally lucrative proposition.  These gentlemen had alltransformed their mettle into gold (some of them adorned with the same). Second, I observed that each of these men met Plato's definition of genius. Plato saw the capacity to hold two or more hypotheses simultaneously as the mark of genius.  Think about it.  If you're on the field on Sunday afternoon, you must have: full awareness of 21 analog inputs (not counting the zebras with whistles); complete recall of a week's worth of plays and drills; and, the capacity to engage cognitive and motor function in an instant when none of the above conform to expectations.  The best financial minds in the capital markets might focus on 4 or 5 variables and get most of them wrong most of the time.  A football player has to compute 441 analog functions in a single play with a 300 lb opponent getting ready to crush him.
None of the guys in the room had ever been accused of possessing either alchemical or genius capabilities. Â Why? Â Because they're athletes and we "know" what that means. Â Oh, and many of them come from historically disadvantaged communities so we "know" what that means too, right?
What if we don't "know" anything underpinning our callous assumptions? Â What if we lived in a world where we saw a disproportionate number of genius alchemists on the field rather than athletes cursed to wind up in the media fueled frenzy about post-professional sports bankruptcies?
I can go on and on about how pathetic our condescending attitudes impact the lives of others. Â Or, I thought, I could do something different.
So I did. Â Some of you know that I started a quantitative fund with my friend and business partner Bob Kendall. Â Using work developed by our team at MâCAM, we identify companies that have genuine innovative advantage in the marketplace and measure the degree to which the equity market prices this advantage. Â When we see innovative companies in which this advantage is not appropriately priced, we invest in them and generate a targeted investment return we call Innovation aÂŽ. Â In modeled and actual performance, we typically outperform the Dow Jones Industrial Index by as much as 108%. Â I decided to take this exact same strategy and do something else. Â Many companies voluntarily support minority and women-owned businesses as a meaningful part of their supply chain. Â Under the National Minority Supplier Development Council (NMSDC), companies can work to become corporate citizens explicitly committed to economic development through enhanced commitments to diversity. Â So, we took the list of all the Russell 1000 companies that have made these NMSDC commitments and integrated them into our quantitative fund to see if innovation and diversity commitment make for a good investment thesis. Â Over the past 3 years, while the Dow Jones Industrial Average returned about 37% (Q3 2011 - Q3 2014), our strategy returned a modeled 89% - a 240% out-performance.
Which begs the question: Â why don't we have a Diversity Quantitative Trading investment product on the market? Â No ETF. Â No Mutual Fund. Â Nothing! Why? Because we still are striving for access and totally ignoring the possibility that Diversity OUTPERFORMS our bigotry and contempt-fueled models. Â With police shootings, marches, and protests, we're being asked to accept a world where the best we can hope for is "equal access". Â And in keeping the conversation in that sphere, we're conveniently supposed to ignore the reality that we're actually harming ourselves by not perceiving the extraordinary benefit of driving racism and any other schism from our behavior. Â I'm relentlessly committed to bringing an end to the tyranny of prejudice and chauvinism and to finding a mountain top from which we will see the Promised Land.
John Oliver did an awesome segment on patents and patent trolls in the latest episode of Last Week Tonight. Â Stick around until the end to see the clip of our chairman, David Martin!
Desert Agriculture in the Navajo Nation
Arid climate agricultural technologies to help increase access to healthy foods in response to recent initiatives by the Navajo Nation Council and the DinĂŠ Community Advocacy Alliance.
Check out the latest entry on the GIC blog!
CHARLOTTESVILLE, VA April 16, 2015- M¡CAM released its Patently ObviousŽ on Potential Impairments to the Nokia Acquisition of Alcatel-Lucent
On April 15, 2015, it was announced Nokia (NOK) plans to acquire Alcatel-Lucent (ALU). Despite market excitement that NOK will become a networking giant big enough to take on Ericsson, M&A enthusiasts have overlooked one glaring detail: part of ALUâs technology is restricted from transfer without the express consent of the U.S. Governmentâs security agencies, including parts of its patent portfolio.
Follow the link to read the full report and contact us for more information.