Patent Portfolio Detective
.com
D&B
DUNS number: 07-841-3301
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Who is using your company's
patents? ...and where is the proof?
I can help you to answer
these two most crucial questions, allowing your
legal staff to focus more time on licensing rather than
technical research.
Here is an example of how I can work for you:
1. I get from you a list of approved
assets (patents) in your portfolio.
It is
best provided by your legal staff, as being assets that your
company considers
valid, long lasting, neither divested
nor on the auction block. (The USPTO bulk
data, aggregated by assignee, does
not reflect on later sales/purchases; therefore if
your company does have a list
of assets currently owned and in good standing, it
would be most preferable.)
2. I mine those assets, performing
"asset discrimination" for relevance according to:
a. Area of Technology
I deal
primarily in software patents, and discriminate by general
product type.
The discrimination categories
may also be used to distribute mined information
to various enforcement
programs in house. Although I prefer software patents
for
deeper analysis and EOU generation, I knowledgeably discriminate
assets
to many
different areas of hardware and software, providing asset lists
for a
broad
spectrum of product types / enforcement programs.
b.
Ease of proof
The
"report of use" should make obvious sense, whether in or out of
court.
The more "front-loaded" proofs are more courtroom/management
friendly than
other
types requiring greater skill in the art or deeper/more exotic
explanations.
c.
Simple and direct usage scenarios
There should be a usage scenario simple enough
to survive "usage scenario drift".
The more complicated a selected claim, the more likely that
updates and other
changes
to product operation and/or installation and deployment may
cause some
previously valid usage scenarios to become obsolete.
It may be observed that
market-side attrition (such as usage scenario drift) is more
rapid than patent-
side
attrition (such as invalidation issues etc.); thus it may be
better to spend more
time in
mining better assets than in charting the more complex dependent
claims,
provided that the simpler independent claim is not considered
likely to present
any
validity issues. While
I would see this as a criteria for asset mining, in any
project
I am responsive to attorney requests
for particular / specific assets,
claims, product mappings and or policies
regarding any and all things.
d.
Industry trends and markets
The usage
report should read on high volume usage in today's marketplace.
A good technical familiarity with the market is paramount in
detecting the most
likely
markets for usage of each asset.
3. Of the "preferred asset list" thereby
generated, I develop EOU (evidence of use)
reports reading on high volume
markets/products, comprising within such EOUs:
a.
Screen shots as required
b. Network activity monitor logs as
required
c. New/Custom Diagnostic Applications (made publicly available) as required
Upon occasion I may create open source applets for demonstrating
internal
realities.
Such may be used in highly visible, externally verifiable proofs.
d. Any other "front-loaded" proofs that offer convincing
and obvious evidence
without
necessity of decompilation of object code. (Whereas I have led
projects
in the past involving decompilation, the outcome was to show
that it
could be
done, but that it was not cost effective from the standpoint of
patent
royalties
won thereby.)
The EOU reports are generated in PowerPoint according to your
legal staff's format
specifications, so legal staff can
quickly prepare court-ready claim charts therefrom.
4. I keep track of my hours in a
spreadsheet and submit a net 15 invoice every two weeks.
Invoices
are in spreadsheet form citing work-products, dates and hours;
according to my
own format or according to your own
preferred in house format for OTC invoices.
5. I work
within your specified constraints, such as maximum hours per
week, etc.
I'm flexible and attentive to accommodate company policies and procedures for vendors.
My rates are competitive, and I "lock in"
favorable ongoing rates for clients.
6.
I upload a secure package to a hidden place on my server (to
pass it to your legal staff),
call you with its file name and password, then
upon acknowledgement of your download
thereof, I promptly remove the
package from my server.
7. We can start by signing to
establish privileged and confidential status of all work
materials.
Here is my standard Consulting Agreement.
It is short and sweet, allows flexibility for us to interactively determine how I may best serve your
company, clearly defines my role as consultant (NOT legal counsel) and provides all due protection
without my sacrificing my own intellectual property. Please don't bother asking me to sign beyond
essentially what is written therein. Besides issued patents disclosing my own inventions, I also have
trade secrets you will never know about. Even if you independently thought along similar lines, I'm
still not giving you my own trade secrets. However, it is highly unlikely that I am in a competing field
with you, as my primary market for my own technology is religious in nature (see freemultimediabible.org).
Why should you use me?
I'm good at it (after 14+ years in
patent prosecution and enforcement, I ought to be). I produce
results on an ongoing basis. I spare your legal staff from
investing vast amounts of their own
expensive time into research, technical analysis and gathering
of evidence that is most efficiently
handled by outside technical consulting, such as myself, as
my hourly rate is a fraction of your
cost for legal staffing.
What is the maximum risk / minimum investment?
The time it takes your legal staff to
sign me into confidentiality, to provide me with a list of
your approved assets (patents), and then two weeks for you to
receive the first product delivery
and invoicing.
Confidentiality Assured.
I am aware that confidentiality is of crucial concern with regard
to using any OTC (Outside
Technical Consultant). As you can see, I am a "black hole
for information" on any specifics
pertaining to any client I have or have had. Confidentiality
is the life-breath of my business,
and I well know that my worth in the industry is predicated upon
strict compliance with all
agreements, including and especially confidentiality and honoring
Attorney Client Privilege.
In fact, here is a very important disclaimer:
Please
note... the hypothetical
flows of work processes and products described herein are
strictly exemplary, and do not necessarily
reflect upon any particular business of any particular
clients I may have ever served. This document
is strictly a forward looking potential offer.
It should also be
understood that, while various kinds of services may be
offered herein it does
not necessarily reflect upon any kinds or flows of work
products I might accomplish for you,
as I have already clearly expressed that I am
responsive to attorney requests and policies, all
of which are by definition privileged and undisclosed.
Therefore please understand that,
while I can offer more information on how I can do things for
you, the only information I can
give you on any client is an approximate span of time during
which I served them regularly.
Let's establish contact and discuss what I can do for you.
Please write to: PatentSpecialist@PatentPortfolioDetective.com
Upon your first contact I shall email you
a link to my resume.
(Since this is a domain
level web page, personal contact information is limited to
reduce spam).
Thank you for taking the time to review this initial contact page.
I look forward to hearing from you.
Best Regards,
Robison Bryan
Patent Specialist
DISCLAIMER: Whereas I often work in cooperation with Attorneys, this is NOT a law practice.
My services are and shall only be construed as Technical Consulting and Prototype Copy Writing,
and shall NOT be misconstrued as legal advice or any law practice of any kind whatsoever. If you
require legal assistance on any matter whatsoever, consult an attorney who specializes in the area
of practice in which you have need. Even if I provide prototype copywriting of any provisional
patent or claim chart reading on your invention or area of need, you are advised to submit such
to qualified legal counsel for final editing and usage. If you claim small entity status with USPTO
you must perform your own final revision and submit your application as your own authorship.