ActionIntel Detailed Overview - Emerging Strategies

ActionIntel
© 2014 Emerging Strategies, LLC
intelligence driving action for optimizing return from commercial and IP interests
Don’t give me a lot of stuff to
read, just tell me what I need
to do . . .
Overworked GCs and CEOs have told us . . .

ActionIntel
Is my business is covered?
Is my business wasting money on unnecessary IP?
But they also worry about . . .

ActionIntel
ACME PROUDLY ANNOUNCES
Coming this July . . .
Automobile A is being upgraded with a better anti-lock
braking system!
Happy Braking!
ACME
Let’s look at a typical scenario
(goods/services perspective) . . .

ActionIntel
Does upgrading a feature impact whether your business is covered?
Does upgrading a feature impact whether your business is wasting money on
unnecessary IP?
Does information about upgrading feature tell you what to do?

ActionIntel
YES!
YES!
NO!
Does upgrading a feature impact whether your business is covered?
Does upgrading a feature impact whether your business is wasting money on
unnecessary IP?
Does information about upgrading feature tell you what to do?

ActionIntel
Dear Client:
A patent maintenance fee is due for Patent X. Please
authorize paying the fee.
Have a nice day
Your “full service” law firm
Let’s look at another typical scenario
(IP perspective) . . .

ActionIntel
Does a patent maintenance fee deadline notice impact whether your business is
covered?
wasting money on unnecessary IP?
Does a patent maintenance fee deadline notice tell you what to do?

ActionIntel
YES!
YES!
NO!
covered?
wasting money on unnecessary IP?
Does a patent maintenance fee deadline notice tell you what to do?

ActionIntel
To know what to do and whether your business is covered and not wasting money on
unnecessary IP, you need:
1. Context: interrelationships among impacted goods/services, features and IP
matters;
2. Brief explanations of concerns involving the goods/services, features and IP
matters; and
3. Action options for addressing each concern.

ActionIntel
ActionIntel:
1. Provides context: interrelationships among impacted goods/services, features and IP matters

ActionIntel
ActionIntel:
1. Provides context: interrelationships among impacted goods/services, features and IP matters;
2. Explains concerns involving the goods/services, features and IP matters

ActionIntel
ActionIntel:
1. Provides context: interrelationships among impacted goods/services, features and IP matters;
2. Explains concerns involving the goods/services, features and IP matter; and
3. Provides action options for addressing each concern.

ActionIntel
Selecting action options in view of the context and concerns of interrelated goods/services, features and
IP matters provides confidence that your business is:
1. covered; and
2. not wasting money on unnecessary IP.

ActionIntel
Let’s see how it works . . .

ActionIntel
The basics: businesses sell goods/services now
US Automobile B
Avail 03/03/12
CA Automobile C
Avail 12/15/15
US Automobile A
Avail 05/20/04
Disc 11/04/14

ActionIntel
. . . and in the future.
US Automobile B
Avail 03/03/12
CA Automobile C
Avail 12/15/15
US Automobile A
Avail 05/20/04
Disc 11/04/14

ActionIntel
Some goods/services are discontinued in the future.
US Automobile B
Avail 03/03/12
CA Automobile C
Avail 12/15/15
US Automobile A
Avail 05/20/04
Disc 11/04/14

ActionIntel
Goods/services have features that customers like and that distinguish over the competition.
US Automobile B
Avail 03/03/12
CA Automobile C
Avail 12/15/15
ABS-1
Avail 01/01/05
Disc 07/07/14
AutoPark
Avail 01/01/14
ABS-2
Avail 07/18/11
Disc 01/23/15
Heads-Up Display
Avail 02/07/13
AutoPark
Avail 01/01/14
AutoPark
Avail 01/01/14
Brand C
Avail 12/15/15
Brand A
Avail 05/20/04
Tire Inflation Maintenance
Avail 02/01/14
Brand B
Avail 03/03/12
US Automobile A
Avail 05/20/04
Disc 11/04/14

ActionIntel
US Automobile B
Avail 03/03/12
CA Automobile C
Avail 12/15/15
AutoPark
Avail 01/01/14
ABS-2
Avail 07/18/11
Disc 01/23/15
Heads-Up Display
Avail 02/07/13
AutoPark
Avail 01/01/14
AutoPark
Avail 01/01/14
Brand C
Avail 12/15/15
Brand A
Avail 05/20/04
Avail 02/01/14
Brand B
Avail 03/03/12
Some features also may be available now or in the future, or discontinued.
ABS-1
Avail 01/01/05
Disc 07/07/14
US Automobile A
Avail 05/20/04
Disc 11/04/14

ActionIntel
More basics: businesses acquire IP interests (patents, trademarks, etc.)
Patent 1
Filed 050595
Issued 07/21/97
Patent 2
Filed 06/12/12
Patent 3*
Not Filed
Patent 4
Filed 01/01/12
Trademark 1
Filed 021504
Issued 07/30/04
Trademark 3
Not Filed
Trademark 2
Filed 030311
Issued 09/03/11

ActionIntel
IP interests have unique claims that define unique structures of or sources for goods/services.
ABS-1
ABS-2
AutoPark
Lubricant effectiveness
analytics
Brand A
Brand C
Brand B
Patent 1
Filed 050595
Issued 07/21/97
Patent 2
Filed 06/12/12
Patent 3*
Not Filed
Patent 4
Filed 01/01/12
Trademark 1
Filed 021504
Issued 07/30/04
Trademark 3
Not Filed
Trademark 2
Filed 030311
Issued 09/03/11

ActionIntel
A business is covered when at least one feature of a good/service relates to at least one pending or
enforceable IP claim . . .
US Automobile B
Avail 03/03/12
CA Automobile C
Avail 12/15/15
AutoPark
Avail 01/01/14
ABS-2
Avail 07/18/11
Disc 01/23/15
Heads-Up Display
Avail 02/07/13
AutoPark
Avail 01/01/14
AutoPark
Avail 01/01/14
Brand C
Avail 12/15/15
ABS-1
ABS-2
AutoPark
analytics
Patent 1
Filed 050595
Issued 07/21/97
Patent 2
Filed 06/12/12
Patent 3*
Not Filed
Patent 4
Filed 01/01/12
Brand A
Avail 05/20/04
Avail 02/01/14
Brand B
Avail 03/03/12
Brand A
Trademark 1
Filed 021504
Issued 07/30/04
Brand C
Trademark 3
Not Filed
Brand B
Trademark 2
Filed 030311
Issued 09/03/11
ABS-1
Avail 01/01/05
Disc 07/07/14
US Automobile A
Avail 05/20/04
Disc 11/04/14

ActionIntel
And the business is not wasting money on IP when at least one claim of an active IP matter relates to at
least one feature of a good/service . . .
US Automobile B
Avail 03/03/12
CA Automobile C
Avail 12/15/15
AutoPark
Avail 01/01/14
ABS-2
Avail 07/18/11
Disc 01/23/15
Heads-Up Display
Avail 02/07/13
AutoPark
Avail 01/01/14
AutoPark
Avail 01/01/14
Brand C
Avail 12/15/15
ABS-1
ABS-2
AutoPark
analytics
Patent 1
Filed 050595
Issued 07/21/97
Patent 2
Filed 06/12/12
Patent 3*
Not Filed
Patent 4
Filed 01/01/12
Brand A
Avail 05/20/04
Avail 02/01/14
Brand B
Avail 03/03/12
Brand A
Trademark 1
Filed 021504
Issued 07/30/04
Brand C
Trademark 3
Not Filed
Brand B
Trademark 2
Filed 030311
Issued 09/03/11
ABS-1
Avail 01/01/05
Disc 07/07/14
US Automobile A
Avail 05/20/04
Disc 11/04/14

ActionIntel
ABS-1
US Automobile A
US Automobile B
CA Automobile C
AutoPark
ABS-2
Heads-Up Display
AutoPark
AutoPark
Brand C
ABS-1
ABS-2
AutoPark
analytics
Patent 1
Filed 050595
Issued 072197
Patent 2
Filed 061212
Patent 3*
Not Filed
Patent 4
Filed 010112
Brand A
Brand B Brand A
Trademark 1
Filed 021504
Issued 073004
Brand C
Trademark 3
Not Filed
Brand B
Trademark 2
Filed 030311
Issued 090311
Or else . . .
• A good (Automobile C) is not covered and can be copied, limiting ROI; and/or
• An IP interest (Lubricant effectiveness analytics) does not cover a good and wastes resources (time,
money) that should be spent developing or protecting goods

ActionIntel
ABS-1
US Automobile A
US Automobile B
CA Automobile C
AutoPark
ABS-2
Heads-Up Display
AutoPark
AutoPark
Brand C
ABS-1
ABS-2
AutoPark
analytics
Patent 1
Filed 050595
Issued 072197
Patent 2
Filed 061212
Patent 3*
Not Filed
Patent 4
Filed 010112
Brand A
Brand B Brand A
Trademark 1
Filed 021504
Issued 073004
Brand C
Trademark 3
Not Filed
Brand B
Trademark 2
Filed 030311
Issued 090311
Disconnection often happens over time as goods/services are upgraded, that is, dropping and adding
features, with the dropped features disconnecting the good from whatever IP claim covers the feature and
the added feature potentially needing IP coverage.

ActionIntel
Whether a business is covered and/or wasting money on
unnecessary IP and what to do to maintain essential coverage and
minimum costs depend on understanding the existence,
development and cessation of relationships among features,
goods/services and IP interests.
Goods/Services
IP InterestsFeatures

ActionIntel
Especially as the numbers of features, goods/services and IP interests
increase!
Goods/Services
IP InterestsFeatures

ActionIntel
The above example showed 3 goods
that each could include any of 8
features that each could be covered
by any of 7 IP claims, thus 80
relationships to understand.
goods-features 3 x 8 = 24
features-claims 8 x 7 = 56
80

ActionIntel
The above example showed 3 goods
that each could include any of 8
features that each could be covered
by any of 7 IP claims, thus 80
relationships to understand.
goods-features 3 x 8 = 24
features-claims 8 x 7 = 56
80
As your business develops goods/services and features, the number of
relationships grow, without ActionIntel, comprehension of whether your business
is covered and/or wasting money on unnecessary IP becomes increasingly
difficult and unreliable.

ActionIntel
What about the big picture of all of our
goods/services and IP matters?

ActionIntel
What about the big picture of all of our
goods/services and IP matters?
Answer:
1. Snapshot: big picture metrics
2. Commercial Interests Executive Summary: all
goods/services
3. Commercial Interests Hotsheet: only goods/services
with concerns
4. IP Executive Summary: all IP matters
5. IP Hotsheet : only IP matters with concerns

ActionIntel
Snapshot
graphically reveals
whether business is
covered and not wasting
resources on
unnecessary IP matters
by showing the
interrelationship of:
Goods/Services

ActionIntel
Snapshot
graphically reveals
whether business is
resources on
by showing the
Goods/Services
Features

ActionIntel
Snapshot
graphically reveals
whether business is
resources on
by showing the
Goods/Services
Features
IP interests

ActionIntel
Snapshot
Color-coding draws
attention to:
revenue-enhancing
opportunities
cost-reducing
opportunities

ActionIntel
Commercial Interests
Summary
-groups goods/services by
country

ActionIntel
Summary
- groups goods/services by
country
-shows availability/
discontinuance for planning

ActionIntel
Summary
country
-lists distinguishing features

ActionIntel
Summary
country
-lists distinguishing features
-shows concerns and action
options for each feature

ActionIntel
Hotsheet
-color-coded by urgency

ActionIntel
Hotsheet
-identifies feature of
good/service triggering
concern

ActionIntel
Hotsheet
concern
-explains concern

ActionIntel
Hotsheet
concern
-explains concern
-provides action options

ActionIntel
IP Interests Summary
- groups IP matters by
country

ActionIntel
country
-shows IP matter status

ActionIntel
country
-lists features covered

ActionIntel
country
-lists good/service that
incorporates feature

ActionIntel
country
-lists good/service that
incorporates feature
-shows concerns and action
options respecting each
feature

ActionIntel
IP Hotsheet

ActionIntel
IP Hotsheet
-identifies feature covered
by IP matter triggering
concern

ActionIntel
IP Hotsheet
concern
-explains concern

ActionIntel
IP Hotsheet
concern
-explains concern
-provides action options

ActionIntel
What about features not be attached to a
good/service or IP matter?

ActionIntel
What about features not be attached to a
good/service or IP matter?
Answer: Features Hotsheet

ActionIntel
Feature Hotsheet
-color-coded by importance

ActionIntel
Feature Hotsheet
-explains concern

ActionIntel
Feature Hotsheet
-explains concern
-provides action option

ActionIntel
How does it work?
In practice, the triple “A” plan:
1. Audit
a. take stock of commercial and IP interests
b. Business plan
2. Assess interrelationships among commercial and IP interests
3. Apprize of action(s) needed respecting commercial and/or IP
interests that may be taken to advance a strategic business plan or
manage unavoidable consequences.
Practice
Audit
ApprizeAssess

ActionIntel Detailed Overview - Emerging Strategies

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