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Posts Tagged: "Jaime Siegel"

Open Invention Network: A Mission to Maintain Open-Source Status for Linux Systems

As Jaime Siegel, OIN’s Global Director of Licensing, notes, OIN is able to grant free membership to companies joining the consortium thanks to the efforts of eight full-funding member companies which have each funded $20 million to support OIN’s operations through an endowment. These companies include the first six companies to form OIN: Sony, Phillips, IBM, Red Hat, NEC and SUSE; joining those companies are Google and Toyota. OIN’s board consists of representatives from each of these full funding members. Every new member of OIN signs the same licensing agreement as the full-funding members, giving all members in the organization equal standing in terms of the cross-license agreement.

Bullish or Bearish on the 2018 Patent Market?

Are you bullish or bearish on the 2018 patent market? That is the question I asked a panel of experts recently. For the most part, those industry insiders who responded are bullish, although some are cautiously bullish. As you will read below, there seems to be a consensus that activity will be up in terms of deals in 2018, but relief from the downward pressure on prices experienced over the last several years likely will not be forthcoming in 2018.

Is the patent licensing market dead?

The clear consensus seems to be that the patent licensing market is not dead, but that the U.S. market is in decline and due to a weakening of patent rights capital will go elsewhere.

Free Webinar: How Bad Data Leads to Bad Decisions

Join me on Thursday, January 26, 2017, at 12pm ET for a free webinar discussion that will focus on decision making for dealmakers. This free webinar will approach this material first from the lens of the dealmaker who needs to know that they have all the relevant information necessary to confidently assess value and close a deal. We will ask, and answer, the question about which information can prove to be most useful and why. We will then pivot the discussion to bring in data experts to discuss how they work to find that information and deliver it as actionable intelligence so that good decisions are made with good data.

Why should litigation costs of the infringer be relevant to determine if a license is fair or just a nuisance?

Why should the costs of the tortfeasing infringer be relevant in determining whether the extracted value from a settlement is fair? The fact that law firms charge a lot of money to defend patent infringement cases, and don’t particularly have any incentive to settle cases early, somehow translates into certain settlements being for nuisance value without any consideration of whether the settlement is a fair value for the rights trampled upon by the infringer? The FTC has quite a lot of explaining to do, because it seems they picked an arbitrary number that is a function of what attorneys ordinarily charge infringing defendants through discovery. I don’t see how that is a function of the value of the innovation, or how it says anything about the merits of the infringement case, the damages case, or the tactics of the patent owner. In fact, it seems as if the $300,000 figure is completely irrelevant.

Have investors lost the appetite for public IP companies?

“I don’t think investors care about names,” Croxall said. “I think they care about results. I have the troll conversation, but it is never with investors. Are they getting smarter about the risk of going to trial? I think they have… I think you get punished more for losing than rewarded for winning.” Croxall also acknowledged that the troll issue seems to have penetrated into the jury box. Hartstein would later agree that public IP companies get punished at least twice as much with a litigation loss as compared with a litigation victory.

Public vs. Private IP Companies – Challenges and Opportunities

At the very beginning of the program Siegel, during his opening remarks, said: “At Acacia we are not in the litigation business, we are in the licensing business.” I know that many will shrug or laugh at the comment, but from what I know about Acacia if you care to dig underneath the surface and listen past the sound byte it is true. Siegel explained that there are real costs and real risks associated with litigation, so doing business together and licensing is always a preferable strategy. Of course, Siegel pointed out that there is still a reluctance by many entities to pay for intellectual property. Siegel is exactly correct. There are many companies, large companies who themselves are owners of very large patent portfolios, who are reluctant to pay for intellectual property rights even though they infringe. Somewhere along the way it seems that the narrative got away from the innovator and has been turned on its head.

Exclusive Interview with Jaime Siegel of Acacia Research

Siegel: “I think this effort to destroy the value of intellectual property is a bigger wet towel on innovation. When startup companies, after they get their angel investing, go out to try and raise funds on round Bs and round Cs, one of the things that investors look at is whether or not that company has an innovation that is different and protectable so that the investors know that number one there is something in there that’s protectable so that they can protect their investment. And when companies, small companies that make the investment into intellectual property portfolio development it sends a signal, two signals. It sends a signal that, number one, they’re progressive enough and smart enough to think about protecting their innovation. And, number two, it provides collateral for the investments that the investors are making into the company. So if the company were to not be successful in its business, they would have this asset of an IP portfolio sitting there that could still be sold or otherwise monetized to help the investors recoup their investments.”