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Darrin Shaya's Presentation from the event "Stopping them from Stopping you"
Darrin Shaya's Presentation from the event "Stopping them from Stopping you"
Darrin Shaya's Presentation from the event "Stopping them from Stopping you"
Darrin Shaya's Presentation from the event "Stopping them from Stopping you"
Darrin Shaya's Presentation from the event "Stopping them from Stopping you"
Darrin Shaya's Presentation from the event "Stopping them from Stopping you"
Darrin Shaya's Presentation from the event "Stopping them from Stopping you"
Darrin Shaya's Presentation from the event "Stopping them from Stopping you"
Darrin Shaya's Presentation from the event "Stopping them from Stopping you"
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Darrin Shaya's Presentation from the event "Stopping them from Stopping you"

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Darrin Shaya of Black and Decker Presentation from the "Stopping them from Stopping you" event 10/11/09

Darrin Shaya of Black and Decker Presentation from the "Stopping them from Stopping you" event 10/11/09

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  1. Patent Oppositions in the European Patent Office Darrin Shaya, Black & Decker 10 November 2009
  2. Oppositions – enhance competitive position Strategy Offensive Defensive Remove Obstacles Increase cost base Customer/licensee uncertainty Negotiation use Unsafe to sell to customer War Chest Reaction to litigation threat Delay National Proceedings (?) Negotiation use
  3. Oppositions – enhance competitive position Prior Art collation / management IP budget allocation Competitor Watch Forum Shopping Tactics
  4. Oppositions – enhance competitive position Lose Faith in IP? Glass Houses & Stones Time & Resources Exhaust Defences / Art Clear a Path for Competitor Risks
  5. Oppositions – enhance competitive position Costs National Proceedings Vs Opposition Use weapons or keep in reserve Time scales Need to contrast
  6. Oppositions – enhance competitive position <ul><li>Real examples: </li></ul><ul><li>Global competitor A </li></ul><ul><li>Escalating infringement accusations - $80m+ risk </li></ul><ul><li>Require freedom to use and removal of $ risk </li></ul><ul><li>Multi-jurisdictional litigation threatened </li></ul><ul><li>War Chest approach & oppose their other patents </li></ul><ul><li>Free X-licences </li></ul>
  7. Oppositions – enhance competitive position <ul><li>Competitor B </li></ul><ul><li>An acquisition target. </li></ul><ul><li>IP valued by B at 10s of $m </li></ul><ul><li>Prior to due diligence, oppose B’s key patents </li></ul><ul><li>IP valuation significantly reduced </li></ul><ul><li>Overall purchase price reduced by $7m </li></ul><ul><li>Zero risk </li></ul>
  8. Oppositions – enhance competitive position <ul><li>Competitor C </li></ul><ul><li>Small company poaching staff and taking confidential information </li></ul><ul><li>Using outside counsel for all IP </li></ul><ul><li>Oppose a raft of C’s patents </li></ul><ul><li>C’s costs ramp up </li></ul><ul><li>C in administration </li></ul>
  9. Oppositions – enhance competitive position <ul><li>Aware of all competitor products & pricing </li></ul><ul><li>Aware of their patents, too ? </li></ul><ul><li>Clearance process ? </li></ul><ul><li>Competitor patents could prevent your sales, but their prices cannot </li></ul><ul><li>Oppositions complimentary to (or instead of) clearance </li></ul>

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