IPWatchdog.com is in the process of transitioning to a newer version of our website. Please be patient with us while we work out all the kinks.

Shawn Ambwani Image

Shawn Ambwani

is COO / SVP Legal / Co-Founder at Unified Patents.

Recent Articles by Shawn Ambwani

Breaking the 5G Curve by Looking Beyond the U.S. Patent System

A wave of thousands of 5G Self-Declared Standard Essential Patents (SD-SEPs) applicable to everything from devices to network infrastructure is fast approaching. The value of these patents is 6-10% of the retail product value, if recent LTE SEPs court decisions are to be believed. However, ex ante 5G licensing rates announced by traditional licensors Qualcomm, Ericsson, Nokia, and Interdigital total around $18 (or 3.6%) on a $500 handset. Yet these licensors hold less than 17.4% of the relevant 5G SD-SEP families, which would make the total royalty burden 20% or higher. Implementers faced with high SEP licensing cost and uncertainty typically mitigate risk by: (1) using licensed components, (2) receiving indemnification, and (3) leveraging defensive portfolios. But there is another strategy that should be considered given the tools which are now available: preemptively challenging patent family validity in foreign jurisdictions that are relatively quick, inexpensive and often more effective.

Rethinking the Patent System: Five Ways to Make U.S. Patents a Real Investment Vehicle

The patent industry is in the doldrums. While the U.S. economy continues to endure historic, sustained growth, the stock market has skyrocketed, and new services, products, and investments launch every year, patents as an asset class have remained relatively flat for years. In the last decade, at best, patents as assets have shown anemic growth and stagnant value creation. While capital for litigation funding is available and overall U.S. patent grants and holdings continue to rise, patent valuations have not. Some blame the America Invents Act (AIA) and court decisions over the past decade as the reason why the market has not thrived. I disagree. Any effects felt from changes in the law are symptoms of much more systematic problems that must be solved first for patents to fulfill their full potential as valuable investment vehicles. These problems—identified below— won’t be solved by rolling back regulations or reversing opinions and artificially increasing the value of unworthy assets.