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IEEE ComsocSCV Meeting May 9, 2012

INTRODUCTION SAN JOSE IP OFFICE. IEEE ComsocSCV Meeting May 9, 2012. Patents. INTRODUCTION SAN JOSE IP OFFICE. What is a patent? Patented Invention/Technology Legal definition – a right to exclude others from practicing the patented invention . Patent Protection. INTRODUCTION

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IEEE ComsocSCV Meeting May 9, 2012

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  1. INTRODUCTION SAN JOSE IP OFFICE IEEE ComsocSCV Meeting May 9, 2012

  2. Patents INTRODUCTION SAN JOSE IP OFFICE What is a patent? • Patented Invention/Technology • Legal definition – a right to exclude others from practicing the patented invention.

  3. Patent Protection INTRODUCTION SAN JOSE IP OFFICE How does one “protect” one’s patent? • Federal court – file a patent lawsuit • International Trade Commission – file a complaint for unfair trade practice

  4. REMEDIES INTRODUCTION SAN JOSE IP OFFICE Federal court • Injunction • Damages • 3 years to a decision ITC • Injunction (exclusion and cease & desist) • 12-18 months to a decision

  5. Patent License INTRODUCTION SAN JOSE IP OFFICE A promise not to sue No technology transfer

  6. Patent Wars INTRODUCTION SAN JOSE IP OFFICE The Sewing Machine Patent Wars • 1850s The Wright Brothers Patent War • 1900s The Semiconductor Patent Wars • 1970s and 1980s The Cellphone Patent Wars • 1990s

  7. Intangibles as an Asset Class INTRODUCTION SAN JOSE IP OFFICE Federal court • Injunction • Damages • 3 years to a decision ITC • Injunction (exclusion and cease & desist) • 12-18 months to a decision

  8. Patent Litigation Trend INTRODUCTION SAN JOSE IP OFFICE

  9. Patent Acquisitions INTRODUCTION SAN JOSE IP OFFICE Novell sells 882 patents to CPTN for $450M Nortel sells 6,000+ patents to Rockstar for $4.5 B Google buys 2500+ patents from IBM Google buys Motorola, which has 24,000+ patents, for $12.5 B

  10. Patent Acquisitions INTRODUCTION SAN JOSE IP OFFICE Intel buys 360 patents fromRealnetworks for $120M Microsoft buys 925 patents from AOL for $1B Facebookbuys 2/3 of AOL patents from Microsoft for $550M.

  11. Patent Transfers to NPEs/Privateers INTRODUCTION SAN JOSE IP OFFICE Micron transfers 20% of its patents to Round Rock Research Nokia transfers 2000+ patents to Mosaid and 450 patents to Sisvel Apple transfers patents to Digitude

  12. Agenda INTRODUCTION SAN JOSE IP OFFICE Patent Suits Between Competitors NPE Suits Acquiring Patents for Protection Patent Remedies Companies’ transfer of IP Assets to NPEs What does this mean for engineers

  13. Patent Suits between Competitors INTRODUCTION SAN JOSE IP OFFICE • Why is this happening? • What are the key venues involved? • Are some of these actions really a proxy war between the leading mobile OS suppliers (Android, iOS, Msft) • Do the cases involve just patents relating to cellular or are there other technologies involved (e.g., wifi, h.264)?

  14. Patent Suits between Competitors INTRODUCTION SAN JOSE IP OFFICE • What are the most significant results so far among these cases? • Any prospect of someone being entirely shut out of the market? • Are there still more cases being filed or is this all winding down? • What should we be watching for – are there any significant events coming up in terms of trials or injunctions?

  15. Apple Nokia Microsoft RIM Oracle HTC Samsung Motorola Google Other

  16. NPE Suits INTRODUCTION SAN JOSE IP OFFICE • Are they increasing or decreasing? • What impact as the AIA had? • What do you see as the greatest threat currently from NPE suits? • What trends do you expect over the next 5 years?

  17. Acquiring Patents For Protection INTRODUCTION SAN JOSE IP OFFICE • What are the drivers behind the recent patent acquisitions in the mobile space? • Who is buying patents and why? • What is the best way to use acquired patent assets? • When is enough enough? How many patents does one need?

  18. Patent Remedies INTRODUCTION SAN JOSE IP OFFICE • what do the patent wars have to do with international trade and the obscure trade court of the ITC? • what is a domestic industry and why should I care •  are trolls flocking to the ITC? •  Is this going to impact the availability of the iphone5 or my product on the market?

  19. Companies’ Transfer of IP Assets to NPE INTRODUCTION SAN JOSE IP OFFICE

  20. What does this mean for engineers? INTRODUCTION SAN JOSE IP OFFICE • Should engineers be following what’s happening? • Am I likely to be involved in the action? • I have a great idea / invention.  How should I go about patenting it? • Suppose I am inventor of an “essential” patent.  What should I do? • Should design engineers be aware of competitors’ patents?

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