Myopia is generally what happens when unprecedented opportunities are placed before them. Those in the know generally do better than those in the worry. Consider Cetus, a startup biotech with a focus on a liver drug. The FDA delayed the approval of the drug, and a major funding crisis ensued. Chiron offered to take over the liabilities contingent on the sale of two patents (# 4,683,202 and # 4,683,195) to a third party, Roche Molecule for $300M (in 1993). This sale was stalled because DuPont challenged the validity of the patents, based on the formal claims written by the inventor (not a patent attorney), Kary Mullis. In the end, the soap opera turned out well for the investors with weak constitutions. For $300M, they sold the two patents to Roche, turned the company over to Chiron, and walked away. Kary Mullis won the Nobel prize for his invention embedded in these two patents, known as polymerase chain reaction (PCR) which allows DNA to be cloned. Over 4000 patents in biotech cite these original two patents. In our estimation, $300M represents "pennies on the dollar" valuation of these patents. The shareholders got a payday, and left the game. Roche on the other hand is thriving based on its intangible assets. Let IPstreet.com assist you.
Lee is IP Street's CEO. Art Coffey, a business strategist who took RLH public on the NYSE as its CFO, best known for his leadership as the President and Chief Executive Officer of Red Lion Hotels Corporation from 2003 to 2008, is COO & CFO. Tammy Krieger, Director of Product Management, was formerly in a leading role with Microsoft's patent group and brings expertise in data management, patent analysis and process optimization. John Vogel, Vice President of Engineering, leads the software development team, formerly co-founded and developed Saas companies such as Four Creeks. The team is backed by a board of directors that include Stacey Cowles (Cowles Company), Dennis Hopton (York Trade Limited of Hong Kong), George Nethercutt (former U.S. Representative), and Lee and Coffey. IP Street's advisory board includes Roger Cheng (Alibaba), Scott Hayden (Amazon), Shawn Clark (Microsoft), Dan Crouse (Lee & Hayes), John Murphy (T-Mobile), and Joseph Schappert, MD (PAML). The company is privately funded.
The Japanese commissioner in Washington DC in the 1900's studying the American patent system said, "We have looked about us to see what nations are the greatest, so that we can be like them... We said, 'What makes the United States such a great nation?' and we investigated and found that it was patents, and we will have patents."
When approached with this legal assertion, as a patent counselor for your client, you need insights to help you define and determine your defense. No, I am not: A patent is defined by its language, and many times, proper preparation for a Markman Hearing, or Claim Construction Hearing, can determine the summary judgment. If you are accused of infringing on a claim, you want to find ways to minimize the scope of the claim [on the other hand, if you are accusing, you want to broaden a claim's scope]. With IP Street, you can scrutinize a claim in various ways. Your patent is invalid: Since the USPTO granted the patent, the presumption is that all of its claims are valid. Anyone can challenge the validity of a patent (request re-examination) whether or not an infringement injunction has been made. [Normally, when the USPTO learns of an infringement lawsuit, out of due diligence, they open a re-examination case.] The quickest path to invalidate a patent is to identify prior art.
We offer tools that can help you dig into complicated patent information and make sense of all of the complexities in relation to your inventions and how you want to commercialize them. Certainly we are in business to make a few dollars, but we emphasize that our top priority is to provide IP intelligence (IPI) to help you succeed. With this in mind, we are in the process of developing ClubInnovate, an exclusive community for inventors.