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 of 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 of patents?