Infringement and Enforcement Panel How can you identify infringement and enforce your rights?
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1 Infringement and Enforcement Panel How can you identify infringement and enforce your rights? April 26, 2017
2 Common approach to identification of licensing or subsequent enforcement How do most patent owners manage their portfolio s? Use analytics to identify risk and opportunity Work with internal legal to evaluate potential monetization opportunity Pursue licensing or enforcement effort All/Partial or Hybrid enforcement
3 Data Providers There are numerous companies that can provide patent data 3
4 Use of Big Data - Leveraging the analytic platforms currently available The following information is aggregated and commercially available: All patents and application records globally over 100+ million records Corporate information on over 9 million companies Legal and non-patent literature from 100+ additional sources Sources of collected patent data: All major patent offices including the USPTO, EPO, JPO, KIPO, SIPO and WIPO These organizations make up 93% of all applications filed Data collected from other jurisdictions to ensure complete global coverage This represents a total of 102 patent jurisdictions worldwide Sources for corporate, legal and non-patent information include: Corporate data Dun & Bradstreet, SEC, Jigsaw, Yahoo Finance and Google Finance Litigation Data International Trade Commission (ITC), Patent Trial & Appeal Board (PTAB) and Public Access to Electronic Records (PACER) Non-Patent Literature Publicpriorart.org Data sources are updated bi-weekly and date back to
5 Portfolio Analytics Utilizing patent portfolio analytic platforms allows you to maximize and protect your underlying innovation Strengths and Weaknesses Assess the strengths and weaknesses of your current portfolio Assess the strengths and weaknesses within your innovation landscape Technology Leaders Identify innovators that are driving change and influencing the direction of innovation Assess innovators by analyzing individual patents and their complete portfolios Innovation Landscape Segmentation of top innovators by revenue Understand historical market development Identify technology trends near and long term Licensing and Litigation Assessment and Opportunities Stay up-to-date on licensing and IP litigation trends to identify and leverage opportunities Monitor and assess opportunities within your portfolio - identify licensors or potential infringers Identify patents and companies involved in litigation, for both plaintiffs and defendants 5
6 The Analytic Process Big Data 100+ million patents All patent offices globally 102 Jurisdictions 9 million companies Data from 1900 present 100+ non-patent sources Data Mining & Analysis Regression Analysis Correlation Analysis Semantic Search Algorithms Public Data + Algorithms & Analysis = Actionable Insight & Value Present Patent Insights Quality Strength Value Correlation Monetization Client Benefits Technology Assessment Innovation Landscape Indicative patent & portfolio value Infringement Assessment Monetization Pathways 6
7 Licensing & Enforcement 7
8 Patent Case Filings and Patent Grants The NPE Effect
9 Licensing/Enforcement Effective patent licensing and enforcement requires an in-depth analysis of your portfolio s footprint, potential markets and competitors in your area of innovation. Patent analytics can identify and assess the best licensing and enforcement prospects for your patent portfolio. Analyze patent portfolios and score by relative strength of single patents or groups of patents Identify patent licensing and enforcement opportunities and qualify them through citation mining, semantic relevance searching, and robust data displays Examine licensing opportunities and identify litigation opportunities by assessing patents, marketplace revenue, product lines, and industry trends 9
10 Identifying Patent Strength Within a Portfolio Which is your strongest patents 10
11 Patent strength and relevance comparison looking forward Asset level analysis- How similar is this technology to others in the market and how strong are those patent? 11
12 Identify potential infringers using analytics Who owns patents and how many do they own 12
13 Identify potential infringers using analytics Which of those patents are the most semantically relevant 13
14 Identify potential infringers using analytics Asset level analysis of the patent in question 14
15 Enforcement and monetization options for Federal Labs How can a Federal Lab enforce their patent rights? Use analytics to identify risk and opportunity Work with internal legal to evaluate potential monetization opportunity Pursue licensing efforts directly with third party Use the DoJ to pursue enforcement All/Partial or Hybrid enforcement 15
16 Litigation Finance- Hybrid model How can you fund your litigation using the capital markets? Use analytics to identify risk and opportunity Work with internal legal to evaluate potential monetization opportunity Pursue licensing or enforcement effort All/Partial or Hybrid enforcement Analytics Firm Litigation Funder Law Firm Identify potential infringers Target best opportunity for licensing or enforcement Will evaluate potential for success Identify the best in class law firm or practice Raise capital from investors through the capital markets Typically best in class Is taking the case on a modified contingency Provides a realistic evaluation for success they have skin in the game 16
17 7204 Glen Forest Drive, Suite 110 Richmond, Virginia Ted Luse Chief Executive Officer 17
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