Impact of Intellectual Property Rights on Valuations for Public Companies

Exclusive Interview with

Maurice Ross, Barton Barton & Plotkin LLP

According to Maurice Ross, a partner at the firm of Barton, Barton & Plotkin LLP, “One of the most important issues that companies face is the disconnect between stock prices and the value of their intellectual property.”

In this exclusive LegalMindsTV interview, filmed at the NASDAQ MarketSite, Ross discusses how significant changes in the regulatory environment will continue to have an impact on intellectual property rights and the role that will play on stock prices, directors liability, M&A activity and litigation costs.

“Companies need to look at this from both an offensive and defensive point of view,” explains Ross.  “From a defensive point of view, there are often competitors who have acquired or may acquire in the near future intellectual property rights that can actually put a company out of business, depress a company’s profits or interfere with its ability to market a product or service.”

“On the offensive side, the issue is whether the company is doing a sufficient job to obtain, procure and enforce its own intellectual property rights.  Additionally, does the company have a realistic understanding of the value of the patents, trademarks and other intellectual property rights that are owned.”

Ross explains that one of the challenges that companies face in analyzing the value of their intellectual property is the changing landscape in terms of the legal standards that are applied to analyzing patents.  Most notably, decisions such as KSR, in which the Supreme Court effectively made it much easier to prove the patents are obvious, and Bilski, which made it more difficult to obtain business method patents and adopted a standard that would make it very difficult in the future to know whether your business method patent is really valid or not.

CONTINUE READING SUMMARY (Click to Expand/Collapse)

View and download a PDF transcript of the full interview here. (Coming soon.)


VIDEO SECTIONS (Click link to advance video to specific topic.)

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ATTORNEY INFORMATION


Maurice Ross
Partner, Barton Barton & Plotkin LLP

For nearly three decades, Mr. Ross has represented corporate and individual clients in numerous high profile, sophisticated intellectual property and commercial litigations. In recent years, Mr. Ross has served as lead trial and appellate counsel in high-stakes patent and intellectual property litigation involving major pharmaceutical and biotechnology companies. Mr. Ross has also handled trademark and copyright cases for clients in a wide variety of industries, including clients in the fashion, media, entertainment, computer and software industries. Although he focuses his practice in the area of intellectual property, Mr. Ross has also served as lead counsel in complex securities, RICO, lender liability, antitrust, real estate and matrimonial cases, and he has extensive experience representing corporate executives and other individuals in white collar criminal defense.

Mr. Ross also has frequently been called upon to advise clients regarding the risks and benefits of proposed mergers, acquisitions and other transactions. Mr. Ross is also recognized as an expert on disputes relating to the attorney-client privilege and work product immunity, and he has been counsel of record in landmark decisions in this area. More recently, Mr. Ross has advised domestic and international clients concerning how to successfully and efficiently address the challenges and burdens imposed by electronic discovery. Mr. Ross has published frequently in the areas of intellectual property, patent law and the attorney-client privilege.

Mr. Ross has long been a proponent for using alternative dispute resolution mechanisms for efficient resolution of complex business disputes, at both the trial and appellate levels. Further, given the economic realities and costs of conducting complex patent and commercial litigation, Mr. Ross encourages his clients from the earliest stages of litigation to attempt to aggressively pursue settlement. By the same token, Mr. Ross has long advocated aggressive use of the pre-trial discovery process to improve his clients’ likelihood of success at trial, and in recent years he has focused extensively on how to use emerging technologies to make the pre-trial discovery process more efficient and cost-effective.

Mr. Ross has appeared in the United States District Courts for the Southern and Eastern Districts of New York, the District of New Jersey, the District of Colorado and the Northern District of California, and he has argued appeals in the United States Courts of Appeals for the Federal, Second and Fifth Circuits, as well as State courts in New York.Prior to joining Barton, Barton & Plotkin, Mr. Ross was a shareholder with Budd Larner and practiced at Clifford Chance and Sullivan and Cromwell.

Practices:

Patent Litigation
Intellectual Property Litigation
Commercial Litigation
Real Estate
Matrimonial Litigation
White Collar Criminal Defense

Admissions:

State of New York, 1981
State of New Jersey, 2004
US Courts of Appeals for the Federal, Second And Fifth Circuits
US District Courts for the Southern and Eastern Districts of New York, District of New Jersey, District of Colorado

Education:

New York University Law School, JD, 1980 (Law Review)
Brown University, BS, 1977 (Magna Cum Laude

Contact:

Barton Barton & Plotkin, LLP
Graybar Building, 18th Floor
420 Lexington Avenue
New York, NY 10170

mross@bartonesq.com

P: 212.687.6262
F: 212.687.3667

To see a full bio, visit: http://www.bartonesq.com/bio-Mross.html

Recent Publications:

Intellectual Property Cost Control Counsel—Addressing the Structural Components of Skyrocketing Litigation Costs“, BNA’s Patent, Trademark & Copyright Journal, 11/26/2010

FIRM INFORMATION

Fortune 1000 companies and privately held businesses rely on BB&P as a law firm that delivers results. BB&P consistently provides Top Line Quality with Bottom Line Results through our effective approach that rejects the business-as-usual law firm model. The BB&P approach is simple: we are value driven and business-like. Our focus is quality and results

For additional information, visit: http://www.bartonesq.com

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  • Kenbackup

    It’s hardly surprising that it is hard to persuade people outside the company of the value of IP. Company management often doesn’t realize its value.

  • http://www.officespacestorent.co.uk/ martin

    Some interesting thoughts on the subject. Looking forward to see what else you post in the future.Wish I’d found this blog earlier. Some really great posts.

  • http://www.allaspectsuk.co.uk/location/west-midlands/solihull/roofing.asp lisa

     Nice post.I really appreciate your writing skills.Its great.You have done a good job by sharing this post with us.Keep in touch with us in future too.

  • http://www.onlineconveyancingquote.co.uk/ Linda

    Mr Maurice you have shared really a great information with us.I am totally impressed by your post. I am looking for your more updates.Keep them coming.