Duncan Bucknell
Strategic Intellectual Property
A McKinsey study found that 44% of directors said their boards simply reviewed and approved management’s proposed strategies—and only 10% felt they fully understood the industry dynamics they were governing. For...
The most valuable thing a competitor can do to your patent is comply with the law around it. That is the quiet lesson for IP-intensive businesses in the US Supreme Court’s...
A patent settlement can look perfectly clean on its face and still carry antitrust risk buried in its economics. That is the lesson from an $885 million jury verdict handed down...
A registered design buys you a finite head start, not a permanent moat. When it lapses, competitors are free — and, the law says, encouraged — to copy. The Federal Court’s...
Strip the case names away and one pattern runs through this month’s posts: the decisive moment in an IP matter almost never happens in the courtroom. It happens years earlier —...
A decade-long battle over an anti-scaling method for the Bayer process has just delivered a sharp reminder that patent claims are commercial instruments, not afterthoughts. In Nalco Company v Cytec Industries...
A catchy name and a fast start built a billion-dollar lending business — but neither could rescue the trade mark when it mattered most. Australia’s High Court has now confirmed that...
The latest Federal Budget reshapes the operating environment for IP‑intensive businesses in ways that go well beyond tax. Refundable R&D offsets for younger firms, the removal of supporting R&D categories, and...
The recent McKinsey article “Using AI to boost productivity is unlikely to create a sustainable advantage” (read it here) offers a timely reminder for business owners with valuable IP portfolios: AI-driven...
The Davies v Lazer Safe decision is a timely reminder that in IP disputes, leverage often sits in the procedural details. The Court clarified that an old filing restriction—tied to documents...
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