Posts Tagged: "patent portfolio"

Securing the Internet of Things: A Technology for Seamlessly Improving Credit Card Security

The patent portfolio discloses systems and methods involving a secure credit card with onboard biometric fingerprint capabilities, RFID, and display that can be powered either by ambient light, backlight from a point-of-sale terminal or mobile device, RFID coupling, smart IC contact, or battery. Card information is transmitted to the terminal and receives a secure validation code after which some combination of a card validation and/or biometric-based user validation code are generated and transmitted back to the point of validation. By decoupling authorization of the fingerprint image and the user’s personal information, transmission and data vulnerabilities within the existing payment card system are addressed while consumer behavior remains unchanged.

For Patent Owners Patent Quality is all about Value

To a large extent the meaning of the term depends on your viewpoint, but for a patent owner patent quality is all about value. Indeed, from the patent owner’s perspective it is virtually impossible to divorce patent quality from patent value. This should hardly be surprising. A patent that is guaranteed to have only valid patent claims but which is extraordinarily narrow may be a quality patent in the eyes of some, but commercially useful it will not be. Thus, from the standpoint of a patent owner patent quality must necessarily be a function of value.

Balancing Patent Quality and Patent Quantity to Maximize ROI

Typically in our experience only about 3% to 5% of a patent portfolio consists of “star patents.” These are the patents that are demonstrably valuable because they claim technology that is commercially useful today or in a very near future market. Finding this small percentage of good patents is the name of the game. That’s why until very recently the prevailing strategy for many companies was “the more the merrier” with a strategy that focused more on quantity. Companies filed as many applications as they could, fueled by the belief that they would ultimately hit pay dirt with a percentage of the resulting patents generating value.

Patent Strategy: Building a patent portfolio with meaningful rights

Last week I wrote about adopting a patent strategy in order to lay the foundation for success. What the article did not touch upon, however, is how you can use procedural mechanisms available at the Patent Office to expand your patent into a patent portfolio, or how to correct unforeseen problems with your patent (or portfolio) that may needlessly compromise…

Google collects patents while lobbying against them

If patents are so bad and Google has to spend so much money lobbying to weaken the patent system, why is the company simultaneously buying patents and racing to quickly patent their own original innovation? There seems to be a disconnect between what Google says and what they do. Could it be possible that Google has taken such strong anti-patent positions in an attempt to drive down the market for software patents so they can continue to collect patents at steep discount? That would be quite troubling, but there is no question that as Google rhetoric against the patent system has increased so to has their taste for patents

Recent Acquisitions Suggest Patent Market is Alive

There seems to be a popular belief that the market for patents is dead, but if you look at recent transactions through Q1 of 2015, there are at least some signs that the patent marketplace is becoming more active. There have been a number of high profile acquisitions in the pharmaceutical space over the last four months, and last week Sony acquired OnLive’s patent portfolio. Earlier today Akamai Technologies, Inc. announced that acquired Octoshape, which will give Akamai access to Octoshape technologies that optimize the quality of video streams for over-the-top content and to enable Internet Protocol television solutions.

Creating start-up success in an anti-patent climate

They use early IPOs as an alternative to traditional venture funding. But one of the things that the investors place a huge importance on is a very sophisticated, robust patent operation. So whereas it used to be you’d have a new company and it could take years even to get some sort of sophistication, we’re now doing it on day one. And the results have been great to see. Over the last few months we have filed close to a hundred patent applications for these entities. We’re able to do that because we have been able to negotiate favorable deals with the law firms we use and we can pass that on to the clients. So our goal is to really be creating companies and crafting their portfolios from day one. Essentially, my partner and I work to insource a very sophisticated patent operation for a company that ordinarily wouldn’t have had that capability.

Patents and Portfolio Value, Up or Down?

David Morland, a partner with 3LP Advisors, moderated the first panel. He lead off the segment by pointing out that in the United States patents are being both applied for and issued in record numbers year after year. He also started the substance of the program today by pointing out that the people who own patents in the United States do not seem to believe that the asset class has been devalued. “Maintenance fee payment rates have raised, particularly with respect to the twelve-year payment, which suggests that those who own the assets do not think they are diminishing in value,” Morland explained.

Effectively Sourcing and Diligencing an IP Investment

A practicing entity may want to obtain one or more patents is for potential counter assertion against a competitor that is about to or has already sued the entity. In such a case, the scope of the search and the required due diligence may be very particularized to the competitor’s business, and are likely to require a higher level of analysis which is more particularized to a specific group of products or services. Similarly, an organization may desire to acquire, early-on, patents and applications that may be asserted down the road to avoid future litigation. This type of program seeks to acquire for a smaller value today, what may be asserted against the entity for a larger demand in the future. The diligence in such a circumstance should be focused on the risk of sale to an entity that is likely to assert the patent in the future.

Privateering: Patent Holding Companies Unleash Patent Portfolios

There is a tremendous amount of unrealized (“un-monetized”) value in the patent portfolios of many large companies. Yet, for one reason or another, such companies have chosen over the years not enforce their patents in court or through a licensing campaign. In recent times, however, a few of these companies have, one-by-one, started to transfer their patent rights to patent holding companies that are quite willing to enforce those patents. What does the large company receive in return for its patents?

Defensive Patent Pools: There are Surprisingly Few Options

Unlike NPEs, defensive patent pools entities do not (at least initially) seek to generate revenues. Rather, they charge admission fees into the pool to fund IP acquisitions and the administrative costs to operate the pool. In sum, defensive patent pool aggregation is analogous to an insurance policy. But, where classic insurance lowers a company’s costs when accidents happen, patent pools are designed to reduce the likelihood of accidents (i.e., being sued for patent infringement) from happening at all.

Kodak Agrees to Financing, Must Sell Patents for $500 Million

The financing commitment Kodak received is composed of new term loans of $476 million, as well as term loans of $317 million issued in a dollar-for-dollar exchange for amounts outstanding under the company’s pre-petition second lien notes. The financing, however, is predicated on certain conditions and Kodak’s achievement of certain milestones. Perhaps the main pre-condition, and one that may be quite difficult for the company to meet, is that Kodak must successfully complete the sale of it’s digital imaging patent portfolio and the sale much fetch no less than $500 million.

Kodak: No Decision on Patent Sale, May Keep Patents

Kodak is continuing discussions with parties interested in acquiring the patents offered for sale through the court approved auction procedure.  These patents relate to the company’s digital imaging patent portfolio. Kodak reiterated yesterday that it has made no decision to sell the portfolio and they may, in consultation with creditors, ultimately decide to retain the portfolio as an alternative source of recovery for creditors.  If this announcement is anything other than posturing to make suitors nervous it would almost certainly signal that Kodak is not getting the high offers they feel the portfolio deserves.

Kodak Authorized to Sell Patent Assets in Bankruptcy

Even if the dispute with Apple and FlashPoint has not been fully resolved by the time of the final sale of the patent assets Kodak may still be able to proceed with the sale if they establish “adequate protection” under the Bankruptcy Code for Apple and Flashpoint at the time of sale. Kodak’s adequate protection could take many forms depending on the value of any remaining alleged interests, the amount of the sale proceeds, and other factors. Alternatively, the Bankruptcy Court also authorized Kodak to sell the patents subject to Apple and FlashPoint’s claims, if mutually agreed between Kodak and the winning bidder.

Is Qualcomm’s New Corporate Structure an Open Source Firewall?

It seems that at least one major component of the restructuring is being driven by the company’s attempts to move forward with open source, but doing so in such as way that insulates the vast majority of its patent portfolio. Essentially, Qualcomm appears to be creating a corporate shield to make sure that there are not any claims, legitimate or frivolous, that its open source initiatives will come back to take a bite out of their propriety business build on an extensive patent portfolio. If this is indeed what Qualcomm is doing it seems like an exceptionally smart move. Once you open up to open source there can be many strings attached and if you take you allow others to take from you.