LES Silicon Valley Chapter
IP Year in Review Webinar Reveals Sector Trends
W
hat were key developments in IP for 2020? The LES Silicon Valley Chapter unlocked the answer to that question in its annual “IP Year in Review” webinar. Chapter Chair Ron Laurie kicked off the session, then handed it over to moderator Joseph (Joe) Yang, Tech & IP Transactions Partner, PatentEsque Law Group, LLP. Three other IP experts gave presentations in this information-packed seminar. They were: Wayne Stacy, Regional Director, USPTO; Kent Richardson, CEO, Richardson Oliver Insights; and Michael Zachary, Partner, Bunsow DeMory LLP. Members can access the recording and slide decks for free. See the links below. Wayne Stacy with the USPTO, described developments in 2020 and their likely impact on the Patent Office in 2021. The most significant change is that Director Iancu stepped down in January, and Acting Director Drew Hirshfeld took his place. Wayne reported that the Patent Office pendency for tech filings is down to 14.8 months, the total pendency is down to 23 months. These big improvements were a goal of the USPTO. Wayne also clarified that patent examiners, on average, have a low attrition rate of 3.8 months. A new AI-based search engine is being rolled out this year and will eventually be available to the public. He mentioned that the Patent Trial and Appeal Board (PTAB) has a fast-track appeals program, the goal of which is to get appeals out in six months for a fee of $400.
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Kent Richardson of Richardson Oliver Insights talked about the IP marketplace. Kent’s firm built a database to track deals. About 1,000 patent deals hit the market every year, and Richardson Oliver’s database helps corporations determine if they got a fair deal.
He also discussed market dynamics and paying directly for patents. He cited a recent deal, currently available, with a Korean University for eye tracking, stereo vision and detecting background changes. This technology has 11 asset families and a total of 19 assets, including eight U.S. patents. It was listed in February 2019 and sold in November 2019 in the high six figures. Kent pointed out that the average asking price for a patent in 2020 was $302,000. Joe Yang with PatentEsque Law Group, moderated the panel and spoke on “Recent Developments in IP/Tech Licensing: 2020 Review.” He covered licensing subject matter, including program structure, negotiation, licensing scope, licensing terms, fees, and litigation. He described particular cases for each area and had detailed slides to back up his points. He also mentioned high-profile cases with very large damage awards, notably Apple v. Samsung. Michael Zachary with Bunsow DeMory LLP talked about IP litigation. He gave an overview of patent cases in 2020. Patent litigation made a modest comeback with 4,000 cases filed last year. There was also a shift in favorite patent districts. Eastern District of Texas (EDTX), a popular place to file, saw a steady decline. Western District of Texas (WDTX) is now the favorite. Michael pointed out that Judge Albright is leading the way in western Texas, with time to trial at 1.1 years. Michael also gave many case examples under review at the PTAB. Want to view this and all LES webinars (recorded and LIVE) for free? Join LES Today! For access to recordings visit:
https://attendee.gotowebinar.com/recording/3095536861998469388.
Speaker’s slide decks can be found in the list of webinars on the LES SVC Presentations page, visit: https://members.lesusacana-
da.org/members/group_content_view. asp?group=160142&id=877236.
Panel Members for the LES Silicon Valley Chapter IP Year in Review: From top, Joe Yang, Michael Zachary, Kent Richardson and Wayne Stacy.
