Strategic Patent Acquisition
Our Approach: We prefer to work with our “buy-side” clients well before they receive any form of
patent assertion notice from a competitor with a stronger patent position in the relevant area. Once
an assertion letter is received, matters may move rapidly and out-pace the effort to identify and
acquire “protective” patents that can affect the balance of IP power. In addition to litigious patent
owners, adverse parties of concern might also include operating companies having "essential"
patents that read on an industry standard (WiFi, UMTS, BlueTooth, etc.) who are demanding a RAND
(or FRAND) royalty, and this “IP tax” can be mitigated or neutralized by the acquisition of counter-
patents that are also essential.
Our methodology is highly data and analysis driven. The phases we typically work through include:
- Identifying the potential adverse parties and/or industry standards that may be involved.
- Analyzing both the patent holdings and product lines of the target companies or standards and
determining the key associated technologies.
- Characterizing these technologies in terms of potential “pain points” within specific potential
aggressors so that technology areas can be prioritized for maximum economic impact.
- Working through our extensive network of contacts both in industry and within the patent broker
community to determine the availability of patents that relate to the technologies of interest.
- Establishing discussions with patent owners regarding a potential patent acquisition or an
exclusive field-of-use license for those patents.
- Working with our client and the patent owner to consummate a transaction.
- Providing anonymity to our client at every stage, as may be appropriate.
Our goal in this effort is to counteract the threat of patent assertion against our client by minimizing the
likelihood that an infringement claim will be made or by dramatically reducing license fees and
royalties that could result from such claims.
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Enhancing the defensive posture of your current portfolio well before a
competitor’s patent assertion letter arrives is the sensible approach to
protecting your company from attacks based on alleged infringement.
Acquiring key patents targeted to the primary profit centers of potential
aggressors in your markets establishes a platform from which to
respond to infringement claims or settle pending litigation. In
many instances, acquiring such patents and making the
marketplace aware of your position can forestall
infringement claims altogether.
|Service Profile / Strategic Patent Acquisition