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David Loeper is taking on UBS but his patent lawsuit is raising alarms in the RIA business

A pitched battle over the uniqueness of a financial planning process could result in thousands of advisors paying royalties

Author Brooke Southall August 11, 2011 at 3:02 PM
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Dave Loeper: If advisors are using our process, they need to make sure they have the appropriate rights to it.



August 11, 2011 — 4:37 PM

I’m sure you and your patent attorneys would refer to this as “innovation” Dave, but I believe economists call it rent-seeking (and it makes about as much sense as patenting a golf swing). I’m still OK with it, as long as it’s taxed at 90% or so of its realizable value.

Mr J.L.Livermore

Mr J.L.Livermore

August 11, 2011 — 5:54 PM

After quickly perusing the patent award I cannot understand how this will not be challenged to death. The USPO will be made to reassess the process match requirements. If the terms of the claims and their references are mutually inclusive then likely there is little to really worry about. However, if any of the core claims are a match, then nearly everyone has something to worry about. The entire process map details what advisory professionals do either on paper, in interview, in their head, on a computer, etc., without giving another thought to it. Of course I am not a lawyer and Mr. Simpson was declared innocent by the U.S. justice system, but the premise of the patent seems abusive. I wonder how it is that eMoney, IAS and so many other advisory products let this one get by. This should prove an interesting ride for Mr. Loeper and the industry. I look forward to seeing the outcome.


P Potts

P Potts

August 11, 2011 — 7:55 PM

What is the difference between patents and trademarks or copyrights? So little of the financial planning world is original thinking that i am at a loss to see how anything could be protected legally.

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