Tag Archives: Surprise

How Do You Protect Your IP from Infringement? Six Suggestions

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Situation:  A company has a competitor who is infringing their key intellectual property. Legal counsel tells the CEO that his company has a case, but to expect the process to take 2-3 years and to cost $2 million minimum to defend. The CEO is concerned that if the company starts down this path, it will drain the company of both time and cash. How do you protect your IP from infringement?

Advice from the CEOs:

  • The risk here isn’t just the company’s IP; it’s the value of the company! For example: if the company’s current valuation based on their IP is a 5x multiple of revenue, and if 60% of this IP is at risk, 60% or more of the company’s valuation may be at risk. Under this scenario, the company cannot allow the infringement to go unchallenged.
  • The hard reality is this: can the company withstand, in time and of money, a large and distracting suit? If the infringer is larger than the company is, they may be gambling that the company won’t sue. Remember, the loser pays the winner’s out of pocket costs, plus damages. If the company’s case is good, it may be possible to get a lawyer to represent the company on a contingency basis.
  • If the company decides to sue, it must be a surprise. If not, the infringer may outmaneuver the company by setting venue, etc. through countersuit.
  • Get a second opinion, and as much independent advice as possible without showing your hand.
  • A key Question: Can the company show its IP and research predates the competitor’s? If the company can clearly demonstrate that it is the true developer of the IP, then this provides an important edge.
  • Is there a middle ground or a settlement scenario that makes more sense than an all-out suit?

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How Do You Increase a Team’s “Voltage”? Three Suggestions

Situation: A CEO is concerned that his team feels like it has lost energy. This could be temporary or seasonal, but he feels that something needs to be done to increase the excitement or “voltage” of the team and workplace. What have others done in a similar situation. How do you increase a team’s “voltage”?

Advice from the CEOs:

  • Anoint a “Champion of Fun.”
    • The objective is to recreate the excitement and joy that has been present in the company in the past. The individual assigned should be someone who has frequently or consistently demonstrated high energy and enthusiasm.
    • The person should be an employee – not management.
    • This could be two people who focus on different things – one for small, day to day activities, and one for big events, like a Habitat for Humanity Day.
  • Create a sense that employees have some control over their environment. This adds energy.
    • Circulate an Office Depot catalogue and give each employee a modest budget that they can spend to dress up their work space.
    • This has an amazing impact on the pride that they feel in their work space.
  • Bring in lunch as a surprise a couple of times a month. This is for getting reacquainted, not for business discussions during lunch.
    • The objective is to build the team camaraderie, and to enhance communication and collaboration among the team.

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