A thorough IP audit separates the wheat from the chaff. Image via Getty Images

Every company with a business based in whole or in part on important intellectual property should protect that property with regularly scheduled intellectual property “audits.” Failing to do so may not only endanger valuable, company-owned patents and trademarks, but also make the business less profitable than it could be.

An IP audit is especially critical when a business is being sold, when a company is planning to buy another business, when a patent is being challenged by a competitor, when a company is looking for new financing or going public, and when there is a change in top management or employees in critical positions have left. A regularly scheduled IP audit can prevent panic, confusion and unwelcome surprises when these major events occur, because management will already have a good working knowledge of the status of all intellectual property.

To begin with, a thorough audit separates the wheat from the chaff. Which patents are central to the company’s business and must be carefully maintained in force? Are there other patents that are no longer important or have been superseded by newer developments and can safely be ignored and allowed to lapse?

Patents should be filed wherever the company’s products are sold and fees on all important patents must be carefully kept up to date. Fees to maintain international patents are often especially expensive but should be updated when necessary, nonetheless. Sometimes, when a company’s trademarks are reviewed, management learns that they have never been federally registered.

Auditors also may find that existing patents are no longer adequate to protect the products that are actually being sold. The products may have “moved on” through further development or application to new uses, but the relevant patents have not. Those patents should be updated immediately with new filings. It’s also critical to determine whether the products made and sold by the company could possibly infringe patents held by competitors—or whether the reverse is true, that other companies’ products are infringing the patents held by the company being audited.

A careful examination of intellectual property can also result in positive developments: auditors may discover that some patents are more valuable than anyone knew and can be licensed to produce another revenue stream for the company—or licensing can be expanded beyond the present level.

Beyond the focus on patents and trademarks, an IP audit should entail a close examination of all contracts and agreements relating to intellectual property. Pinning down exactly who owns the property is just as important as keeping patents up to date. This entails delving into development agreements, nondisclosure agreements, employment agreements, work-for-hire and sales contracts, to make sure ownership of a company’s intellectual property has not been ceded to, or shared with, a third party.

Software is particularly problematic when it comes to inadvertent infringement of the rights of others. What software is being used internally? Where did it come from and what are the limitations on its use? IT professionals don’t always realize that even open-source code requires a license.

This entire process also needs to be applied to analyzing the intellectual property of a prospective acquisition. Investigators may discover that patents belonging to the acquisition are not all appropriate for the acquiring company’s products, fees are not up to date or there are issues with IP ownership or validity. All of these factors may result in substantial savings on the purchase—or a decision not to purchase at all.

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Puja Detjen is an intellectual property attorney and partner in the Houston office of Patterson + Sheridan.

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Oxy's $1.3B Texas carbon capture facility on track to​ launch this year

gearing up

Houston-based Occidental Petroleum is gearing up to start removing CO2 from the atmosphere at its $1.3 billion direct air capture (DAC) project in the Midland-Odessa area.

Vicki Hollub, president and CEO of Occidental, said during the company’s recent second-quarter earnings call that the Stratos project — being developed by carbon capture and sequestration subsidiary 1PointFive — is on track to begin capturing CO2 later this year.

“We are immensely proud of the achievements to date and the exceptional record of safety performance as we advance towards commercial startup,” Hollub said of Stratos.

Carbon dioxide captured by Stratos will be stored underground or be used for enhanced oil recovery.

Oxy says Stratos is the world’s largest DAC facility. It’s designed to pull 500,000 metric tons of carbon dioxide from the air and either store it underground or use it for enhanced oil recovery. Enhanced oil recovery extracts oil from unproductive reservoirs.

Most of the carbon credits that’ll be generated by Stratos through 2030 have already been sold to organizations such as Airbus, AT&T, All Nippon Airways, Amazon, the Houston Astros, the Houston Texans, JPMorgan, Microsoft, Palo Alto Networks and TD Bank.

The infrastructure business of investment manager BlackRock has pumped $550 million into Stratos through a joint venture with 1PointFive.

As it gears up to kick off operations at Stratos, Occidental is also in talks with XRG, the energy investment arm of the United Arab Emirates-owned Abu Dhabi National Oil Co., to form a joint venture for the development of a DAC facility in South Texas. Occidental has been awarded up to $650 million from the U.S. Department of Energy to build the South Texas DAC hub.

The South Texas project, to be located on the storied King Ranch, will be close to industrial facilities and energy infrastructure along the Gulf Coast. Initially, the roughly 165-square-mile site is expected to capture 500,000 metric tons of carbon dioxide per year, with the potential to store up to 3 billion metric tons of CO2 per year.

“We believe that carbon capture and DAC, in particular, will be instrumental in shaping the future energy landscape,” Hollub said.

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This article originally appeared on our sister site, EnergyCapitalHTX.com.

New app by Sports Illustrated grants access to 700 sports courts in Houston

Goal!

A new sports center booking app CatchCorner, powered by Sports Illustrated, enables sports enthusiasts in Houston to seamlessly secure a spot for a quick game without membership fees.

It soft-launched in Houston this spring and, according to co-founder and chief operating officer Maya Azouri, has been a huge success.

"The Houston expansion has been jaw-dropping," she said. "Up until now, CatchCorner’s launch in New York City had been our most successful market, but Houston has launched on par with it."

Within a 30-day period this summer, over 30,000 users join the app, Azouri noted, adding that the app would include 700 unique recreational spaces users can choose from in the city.

"There’s a real sports culture here, with athletes of all levels from casual weekend players to competitive amateurs and even pros. The diversity of the sports community, combined with the number of high-quality facilities across the city, makes it a perfect fit for CatchCorner," she said.

CatchCorner in Houston offers bookings for basketball, volleyball, soccer, pickleball, padel, baseball, badminton, and tennis, with plans to include golf simulators and ice rink sports soon. The Zone Sports, Toros HTX, PAC Gym, and Houston Pickleball Center are among the most popular venues.

Using the app is a snap. Once you pick your sport, venues with available slots are listed including distance from you with the booking schedules in the results so there are no surprises. The slots can go fast, so occasional error messages pop up when trying to book, but it's otherwise a three-click process. CatchCorner also helpfully includes a picture of the facilities while booking.

CatchCorner announced Google integration in June that lets users book through the app directly from searches when they look up specific venues. This is slightly less intuitive to use than the app, but it does ultimately work in both mobile and desktops versions. Either way, it greatly streamlines the booking process for people who just want to schedule a quick pickup game somewhere.

"It’s especially useful for casual players or people who want to organize something on short notice," said Azouri. "Whether it’s a weekend basketball run, a weekday futsal match, or a spontaneous pickleball game with friends, CatchCorner makes it easy to coordinate without the usual logistical headaches.

"Some feedback here has been that we’re like 'Expedia for sports.' It’s because booking a flight online is that easy, booking your next game or workout should be just as simple."

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This article originally appeared on CultureMap.com.