Tackling in-bound patent risk
Economic recession can lead to an increase in litigation, from both NPEs and failing operating companies where patents are often the last asset standing. You need to be able to respond to any threat quickly. With Cipher you can efficiently and effectively assess the relevance of large portfolios and be equipped with an evidence based response to the threat.
Whatever your perspective, no-body wants to be unprepared for litigation. In today’s environment, the risks are so large that you want to be ready. While figuring out whether you have a balanced portfolio is hard, it’s something that more and more companies are taking very seriously.
Erik Oliver, COO, Richardson Oliver Insights
Over 75% of patent owners surveyed agree that a well-balanced patent portfolio reduces the risk of patent litigation
Cipher Report on Portfolio Optimisation 2020
Have you ever asked these questions?
How can I prepare my organisation for the patent risks ahead?
Many organisations use economic models (such as the Cipher Optimisation Model) to develop a patent strategy that anticipates and mitigate the risk posed by owners of ‘relevant to technologies’ you deploy.
How do I assess relevance when faced with a whole portfolio assertion?
Very often companies seek to extract royalties from you without a proper understanding of what their own portfolio includes or its relevance to your organisation. Cipher can cluster portfolios and efficiently compare them to patents you own and what you do, which often eliminates the vast majority of an asserted portfolio.
What’s the best way to quantify the potential to counter-assert?
Where operating companies assert their portfolios, they often fail to properly assess the counter-assertion risk. Cipher enables you to map your portfolio onto the aggressor’s technologies and revenue which often suggests an efficient and low-cost solution to what otherwise could be a protracted dispute.
If these are your issues, Cipher can help you.
You want to put every dollar invested in patents towards its highest and best use. If you anticipate increased competitive threats in the future, you want to make sure that your resource allocation is commensurate with those forward-looking threats.
Jared Engstrom, Head of Patent Development, Red Hat
How to use Cipher to handle in-bound patent assertion
Focus on what’s relevant
Use Cipher clustering or classifiers to eliminate all patents that do not relate to technologies you use
Use Cipher to identify areas where your portfolio maps to their patented technologies and revenues
Be ready to use the analysis to respond to an assertion or model outcomes
Helping to tackle PAE risk
Insights and Events
Is the approach different when facing NPEs?
NPEs are generally not concerned with counter-assertion risk if they have no substantive operating income. However, there will be many companies who will still seek to licence their whole portfolio, without proper consideration of the relevance to the potential licensee. Forcing a licensor to articulate which part of their portfolio, is an important first step towards dispute resolution.
What’s the difference between clustering and classification?
Clustering is a way of assessing whole portfolios, using unsupervised ML to separate the portfolio into different technology ‘buckets’. This is an essential first step when seeking to sweep away all irrelevant or unrelated patents. Classifiers map patents to specific technologies or revenue streams and are customised to your internal taxonomies or ‘technology lens’
Why should another patent owner believe our assessment?
Cipher is objective and repeatable. The accuracy of Cipher has been independently verified. Cipher subscribers are free to share reports with third parties who can validate the results or come up with evidence-based objections. In many cases the cost of manual review is exactly the reason why a sweeping portfolio-wide assertion was made in the first place.
With Cipher you can also…
Trained by humans, built by machine to give you independently verified accuracy
“Cipher’s classifiers enable you to understand the patent landscape or analyze a portfolio. Combining expertise in both IP and data science, Cipher provides you with solutions to the strategic problems patent owners face, with quick and accurate results.” Erik Oliver, Richardson Oliver Insights