Going Beyond Types of PAEs Jay P. Kesan, Ph.D., J.D. Professor and - - PowerPoint PPT Presentation

Going Beyond Types of PAEs

Jay P. Kesan, Ph.D., J.D. Professor and Workman Research Scholar, University of Illinois at Urbana-Champaign

Motivations

• “Suits brought by PAEs have tripled in just

the last two years, rising from 29 percent

• f all infringement suits to 62 percent of

all infringement suits.”

– Colleen V. Chien, Patent Assertion Entities, Presentation to the DOJ/FTC hearing on PAEs

• “Patent infringement litigation by patent

monetization entities has risen dramatically over a remarkably short period of time. One of the most striking results is that in 2012, litigation by patent monetization entities represented a majority of the patent litigation filed in the United States.

– Robin Feldman, The AIA 500 Expanded: The Effects of Patent Monetization Entities

Motivation for this Panel

• Much of the response against PAEs has attempted to

better define the nature of the PAEs involved in patent litigation to understand their incentives and strategies

• Universities
• Individual inventors
• Failed startups
• Technology development companies
• Patent holding companies
• Mass patent aggregators
• IP subsidiaries of operating company

Focusing on Types of Behaviors Employed by PAEs

• How can we facilitate a “liquid” market for patents?
• Are patents ever likely to be a “commodity”?
• How can we generate reliable and reproducible

valuations for patents?

• Can we have a service like Zillow for patents?
• How can we define and develop best practices for

patent licensing to advance the creation of a market

• f patents?