Post on 18-Dec-2014
description
1
IP Strategy
Plan Ahead of Time or Pay in Real Time
Igal Rotem – PowerDsine - CEO (ret.) and Co-Founder
May 8th 2012Copyright © 2012 by PowerDsine Ltd. All rights reserved. No part of this presentation may be reproduced or distributed in any form by any means, or stored in a data base or retrieval system, without the prior written permission of PowerDsine.
PowerDsine Snapshot
Established in 1995
New product line every 2-3 years
1999 - Creating “Power over Ethernet”
2003 – Power over Ethernet IEEE 802.3af
standard ratified
Most InnovativeProduct
Outstanding
EmergingCompany
Key Contributor to 802.3 af
2
5 private financing rounds raising about $60M
2004 –IPO in NASDAQ raising $80M
2006 - 155 employees
Global presence; R&D in Israel
Sales in the U.S. Taiwan, Korea
Q1 2007 Acquisition by
(MSCC) for $250M PowerDsine Headquarters
VoIP Phone
What Is Power-over-Ethernet ?
Data and Power over a single Ethernet cable
Transmitting safe and uninterrupted power (15W, 48V) over existing LAN infrastructure
IEEE 802.3af standards basedEase End
Device Deployment
3
WLAN Access Point
Network Security Device
CostSavings
ImprovedNetwork
Reliability
PoE EnabledLAN Switch
1011011
1011011
1011011
Power
EthernetCable
Power
Power
IP Strategy – Why ??
The purpose – behave as the Market Leader, gain market share, expand gross margins
Activity – Aggressive patent buildup and litigation
4
Activity – Aggressive patent buildup and litigation
After 10 years – PowerDsine is THE Power over Ethernet (PoE) Market leader, with over 80% market share, GM > 65%
IP Strategy - How ??
Hire internal US patents register
Building internal IP legal department
Enforcement strategy – Plan and commit the
5
Enforcement strategy – Plan and commit the budget
Management commitment
VERY active participation and leadership of standard organizations, IEEE 802.3af standard
Everything is ready for the big IPO …and then..
You get a “friendly” letter…..
The “gift” just before you go public…
6
You get a “friendly” letter…..
Now what….. ?
The Prisoner Dilemma
To Pay
Or not to Pay ?
7
This is ALSO the question……
We decided to go “crazy”
Actual Litigation - Advantages
(1) Keeping competitors out of the market;
(2) Obtaining monetary compensation;
(3) Deterring potential infringers by sending a message to
8
(3) Deterring potential infringers by sending a message to industry that PowerDsine will enforce its patents;
(4) Creating an additional barrier to entry (by way of potential litigation risk)
Actual Litigation - Disadvantages
Substantial actual out-of-pocket expenses
Expenditure of “soft” resources such as the time and energy that engineers and other key company personal
9
Will need to devote to the litigation (depositions, discovery, review expert reports, theories etc);
Possible “fight” challenging the validity of company patents; and
Uncertainty in the market over the validity of the patent that is being litigated.
PowerDsine Patent Summary
Date Issued US Patent Number Description
May 2006 #7,046,983 Power Supply for providing Power over Ethernet
May 2006 #7,040,926 Powered Device Interface embedded into an RJ-45 connector
Feb. 2006 #7,006,815 PoE Midspan and/or Integrated either Spare Pairs or Data Pairs
Feb. 2006 #6,996,458 Power over Ethernet Node for use in a DC Power Pool
Jan. 2006 #6,986,071 AC Disconnect for Power over Ethernet
Jan. 2006 #6,985,713 Identifying a Node via a Precision Resistor
10
Additionally, PowerDsine has patents issued in 6 foreign countries: China,
Taiwan, Australia, New Zealand, Singapore, South Africa
July 2005 #6,916,206 PoE functionality in a Connector Assembly
June 2005 #6,909,943 Ethernet switch which incorporate PoE technology
Jan. 2005 #6,841,979 Digitally Controlled Power Distribution for PoE
July 2004 #6,764,343 PoE embedded into RJ 45 connector (LAN Connector)
Nov. 2003 #6,643,566 Power over Ethernet End-Span (PoE in a Switch) concept
Nov. 2003 #6,650,554 Power Factor Corrector for Power Supplies
Sept. 2002 #6,473,608 Power over Ethernet Mid-Span (Power Hubs) concept
Apr. 2000 #6,049,471 ASIC Controller (Topology & Concept)
Oct. 1998 #5,828,558 DSP Mathematical algorithm for open loop control
Other Intellectual Property
93 PoE related patent applications pending worldwide
3 patent families in backlighting
2 patent families in telecommunications
11
Copyright protection for its software protocol
Trade secrets and know-how developed over many years
PowerDsine name and logo are trademarked, or pending, in major markets around the world
IP Litigation
During the past years PDSN has utilized the court system to enforce its intellectual property rights
Most actions taken by PowerDsine were to enforce PDSN’s Midspan “608” patent
PowerDsine’s patents have been proven through litigation success recently against Phihong and Systems Engineering
12
success recently against Phihong and Systems Engineering International
Most of PowerDsine’s IP enforcement litigation cases have settled
Some of the active cases are in settlement negotiations
PowerDsine recently settled litigation with Texas Instruments regarding infringement of PowerDsine’s communications protocol
Discussion….☺☺☺☺
13