New IAM publication (re-posted with corrected links)

I am very pleased to report that IAM has published a short post by Eric Stasik and myself looking at Nokia’s published licensing revenue in light of the current SEP licensing ecosystem.

The article can be found on IAM’s website here:

Apologies for the original link – as it seems to be broken.  Try here in the interim.

New IAM publication

I am very pleased to report that IAM has published a short post by Eric Stasik and myself looking at Nokia’s published licensing revenue in light of the current SEP licensing ecosystem.

The article is available here

IPlytics’ Patent-Counting Fallacy

Just tell me how many, they’re all the same

There is no doubt that the number of patents declared as potentially essential to technical standards is not an indication of essentiality; its only purpose is to make those declared patents accessible on FRAND terms should they ever become essential. Tim Pohlman, founder of IPlytics a commercial technology consultancy, participated in an empirical study and report of essential patents commissioned by the European Commission (Tender No ENTR/09/015 (OJEU S136 of 18/07/2009)).  In December 2016 his consultancy, released a 62 page report on SEPs commissioned by the EC.  The report was the result an heroic effort to sort through and normalize patent declaration data for all widely adopted standards (See Fig. 1).  This work was (and is) important and should not be under-valued. It has long been recognized (e.g., n.10), that patent declaration information “can be hard to find, [] the links are often messy, and standards often see improved, updated releases.” On the back of the data the IPlytics team has been collecting about patents declared as potentially essential and 3GPP documents, they have been issuing privately-commissioned reports discussing their data as well as their analysis of the data in greater detail. Their recent reports  on 5G have been widely discussed in the media and at conferences.

Read more

My Compete PatSnap Academy Course on SEPs and Emerging Technologies is Now Available

It consists of 5 short videos (between 4-9 minutes each).  I hope viewers find it useful and informative.

Anti-Patent Leadership Taking IEEE-SA on The Road to Knowhere? Part I


As I noted previously, over the past five years or so, the IEEE has been captured by the implementer lobby and its advocates. But where did this trend originate from? It probably has its roots in its leadership.  In 2012, IEEE announced the appointment of Konstantinos Karachalios as its Managing Director.

The announcement boasted Karachalios’ 25 years of experience with the European Patent Office (EPO). However, what it failed to mention, was his long track record of expressing anti-patent positions, which likely held up his promotion and expedited his departure from the EPO.

Read more

New Video Series on SEPs and Emerging Technologies

Very pleased that the first video of my talk for PatSnap’s Academy on SEPs is available.  This video, at just under 9 minutes, covers basic terminology and a short history of SEPs.

Will the IoT Patent Wars be like the Smartphone Wars? Part 2

Will the IoT Patent Wars be like the Smartphone Wars? Part 2 by David L. CohenIt is worth noting that many of the use cases for IoT that are currently receiving much attention (like connected cars), likely won’t fall into litigation because of SEP enforcement challenges. Frankly, I don’t see a scenario where the number of cars being sold and the proportionate value that IoT will bring to those cars (with the possible exception of self-driving cars) are such that high value licensing will make sense. On a volume basis, a connected car manufacturer like BMW probably sells fewer cars than the smallest smartphone manufacturer and the absolute value of any apportioned royalty base is likely smaller than that of a smartphone. Additionally, it is worth noting that many of the higher value IoT products and services will have wireline connections to the Internet, and wireline has traditionally had a less contentious licenses ecosystem than wireless connections. Read more

Will the IoT Patent Wars be like the Smartphone Wars?

I believe we may be due in the next two to three years for a large-scale re-eruption of the patent wars that have been a constant presence in the telecommunications industry since at least 2005. Unlike the prior iterations of those wars, I believe these wars will not only be international, but much of their driving force will occur ex-USA.  Moreover, they will be across multiple industries. They will be much more impacted by direct government policy and will be much broader in impact than just mobile cell phones and terminals.

I believe that the playing field of this war will be the Internet of Things often abbreviated as IoT. Read more

SMEs, IP and the Internet of Things

Another good article on SMEs, IP and the internet of things.  From the depressing conclusion (which just show how widespread IP ignorance is): “the survey [discussed in the article] showed that young innovative firms lack IP awareness and do not understand the role that IP management could play for their firm. A good illustration of this issue is that respondents showed two apparent contradictory views on the IP system. On the one hand side they lacked awareness on IP, on the other hand, they felt that the patent system should be urgently reformed. This suggests that the senior managers in YICs have, at best, a layperson’s understanding of the IP system and it underlines the need for further IP awareness-building campaigns. The interviewees also had a minimal understanding of standard essential patents and the accompanying FRAND debate, especially the early stage firms. This leaves them exposed to unexpected licensing requests, while depriving them of the opportunity to pursue their own licensing programs.”

5G & IoT licensing