ARTICLES

6/14/2018· Telecommunication

Unreasonably-low Royalties in Top-down FRAND-rate Determinations for TCL v. Ericsson

By: Keith Mallinson

While Ericsson is a leading contributor to mobile communications standards, a US District Court in California has significantly undervalued Ericsson's standard-essential patents (SEPs) by relying heavily on flawed "top-down" valuation analysis that prorates royalties by company for 2G, 3G and 4G based on SEP counting. This analysis applies a series of inaccurate assumptions which whittle down royalty rates from an understated notional maximum in a succession of unreliable steps. The resulting rates derived are a lot lower than those found in a European court's FRAND determination for the same company in the same year (2017) and for the same 2G, 3G, and 4G patent portfolios. The differences between these US and European determinations are irreconcilable.

6/7/2018· Transportation

Safety Compromises, Part 6: Failing to Pull to the Curb

By: Ned Einstein

Other than airport-to-parking lot shuttles, and an occasional tour or charter trip, all public transportation services pickup and discharge their passengers at the side of a roadway. When it is available, they pickup and discharge them from or onto a curb, sidewalk, platform or other raised surface.

6/6/2018· Laws & Procedures

Be Sure of Your Licensure

By: Darryl Horowitt

California law requires that contractors obtain the proper license before work can be performed on any project. (See Business & Professions Code § 7026.) Moreover, where a contractor files a lawsuit to recover monies owed for work performed, that contractor must plead and prove it was licensed at all times that the work was performed. (See Business & Professions Code § 7031.) The penalty for failure to maintain your license is severe. If you are unable to prove that you were licensed at all times, you are barred from recovering monies on any grounds, whether it be for breach of contract, fraud, or reasonable value of the services performed. (See Hydrotech Systems, Ltd. v. Oasis Waterpark (1991) 52 Cal.3d. 988.) But what happens if a contractor is licensed for most of the time that the work is performed and inadvertently allows his license to lapse for a period during the construction of a project? This article will discuss this issue.

5/24/2018· Telecommunication

Analyst Angle: Complementary Spectrum Allocations and Technologies Maximize Coverage and Capacity for All

By: Keith Mallinson

Radio spectrum is the lifeblood of wireless networks. Traditional methods of doling out spectrum have somewhat hindered rather than helped maximize the availability of affordable Internet access, even if this was not the case with voice and text. Instead of seeking to aggrandize auction proceeds by creating scarcity, more flexible allocations including shared as well as traditional licensed and unlicensed assignments are required.

5/23/2018· Logistics - Reverse Logistics

Economics Is Strategy

By: Rosemary Coates

"Economics is strategy." This phrase made me sit up and take notice. It was from an article in The American Interest about China's One Belt One Road initiative (OBOR). Of course, we knew that OBOR was all about economics. I have written about China's building influence around the world, but to simplify China's actions in this one impactful phrase makes it so clear.

5/18/2018· Business Management

My Life as a Microsoft Dynamics Expert Witness

By: Eric Kimberling

I have been involved with Microsoft Dynamics implementations for nearly 20 years now. I have also spent the last decade providing Microsoft Dynamics expert witness testimony in implementation failures and lawsuits.

5/17/2018· Transportation

Safety Compromises, Part 5 - Failing to Kneel the Bus or Coach

By: Ned Einstein

For many passengers, the 14-inch drop from the bottom step of a high-floor transit bus or motorcoach is challenging. In transit service, drivers do not assist or even spot boarding or alighting passengers. While motorcoach drivers typically assist or spot boarding or alighting passengers at the front door, the drivers of motorcoaches deployed in commuter/express service (provided by transit agencies or companies under contract to them) do not. Nor do scheduled service drivers do so consistently, especially at intermediate stops.

5/11/2018· Construction

Construction Alert: Bidding On Public Works Projects

By: Darryl Horowitt

The courts have been busy dealing with issues relating to bidding on public works projects. Two recent decisions have been issued: Great Western Contractors, Inc. v. Irvine Unified School District (2010) 2010 DJDAR 13815 and Schram Construction Inc. v. The Regents of the University of California (Southland Industries) (2010) 2010 DJDAR 13398.

5/4/2018· Patents

Putting Economists in Their Place in Patents in Telecoms and the Internet of Things

By: Keith Mallinson

I participated as a panelist in a session entitled, "Economists: Do They Have a Place?," at the Patents in Telecoms and the Internet of Things conference at George Washington University in Washington, D.C. on November 10, 2017. This article is substantially my remarks in that conference panel session. Before my remarks, Stephen Haber of Stanford University said that I had posed the defining question for the entire conference in an audience question-and-answer exchange the previous day. It had perturbed me to hear a panel speaker mischaracterize the communications standards as platforms of preexisting technologies upon which Internet of Things (IoT) innovation will occur. In response, I said that communications standards are rich in technology innovation and patented intellectual property.

5/2/2018· Logistics - Reverse Logistics

How to Ensure Your Reshoring Project Won't Fail

By: Rosemary Coates

Consider Otis Elevator. OE is one of many U.S. manufacturers, including GE, Whirlpool and NCR, which announced they were bringing factories back to the U.S. from China, Mexico and other countries and whose efforts did not go well.