`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 1 of 2
`
`The Gloves are Off: Unified Patents Inc. Unveils its "NPE Deterrent" Strategy I Unified PatentsUnified Patents
`12/25/13, 1:07 PM
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`THE GLOVES ARE OFF : UNIFIED PATENTS INC. UNVEILS ITS "NPE
`DETERRENT"STRATEGY
`In the world of fighting patent trolls, there is a new player named Unified Patents Inc. that aims to level the playing
`field for companies such as Google, NetApp and others. Unified Patents is today announcing its aggressive, multi-
`faceted, collaborative deterrence strategy to help large and small companies protect their most important products
`and services from Non-Practicing-Entity (NPE) business models (which critics often call 'patent trolls').
`An NPE is often defined as a company or individual that owns patents but does not use those patents to produce
`goods or services. Rather, an NPE generates revenue by asserting or litigating their patents against operating
`companies.
`Unified Patents attacks the NPE business model one technology at a time. Its solution groups startups, small and
`medium-sized businesses, and large companies in protected technologies, called Micro-Pools, and then fiercely
`protects each Micro-Pool from NPE encroachment. Because companies only participate in (and pay for) those Micro-
`Pools they choose. Unified Patents tightly aligns its deterrent solution with its participating companies. Founding
`members in Unified Patents include technology leaders Google and NetApp.
`Technology companies have tried for years to find effective solutions to combat NPEs. And for good reason,
`Professors Bessen and Meurer from Boston University School of Law put the cost of NPE activity at $29 billion in legal
`fees and settlement costs in 2011 alone (a number that does not include the indirect costs such as management
`distraction and lost business opportunities). Despite existing efforts, however, NPE litigation has continued to rise.
`NPE litigation data provided by Patent Freedom shows that patent lawsuits involving NPEs have increased
`dramatically over the last five yearsfrom 521 cases in 2007 to a high of 2, 923 cases in 2012 (the number of occasions
`when a company found itself in litigation with an NPE has also increased from 2135 in 2007 to 3859 in 2012).
`For those technologies protected by a Micro-Pool, Unified Patents wants to reverse this trend by using deterrence (i. e.,
`making a protected technology less accessible to NPE activity than an unprotected technology). Unified Patents
`competes head-to-head against NPEs trying to purchase patents in a protected technology. But "defensive patent
`purchasing is only part of the strategy, " says Unified Patents' CEO Kevin Jakel, "We provide a comprehensive solution
`of offense and defense to protect our member's most important technology investments.
`" By combining patent
`acquisitions
`with other efforts, such as reexamination proceedings before the USPTO, Unified Patents takes the fight
`to the NPEs to deter them from attacking a protected technology.
`While large companies have long experimented with various approaches to resist NPEs and dubious patent
`assertions, small companies have typically lacked similar resources, making them easy targets for NPEs. Bessen and
`Meurer's study found that 82% of companies sued by NPEs made under $1 OOM in revenue and 50% made only $10.8
`million or less. As noted by Colleen Chien, a professor at Santa Clara University School of Law, startups and small
`companies are significantly impacted by NPE activity but have limited options when faced with the high costs of NPE
`litigation.
`Recognizing the need to include small companies in its solution, Unified Patents incentivizes startup and small
`company participation and then helps groups of small companies protect themselves from NPEs. Small company
`participation acts as an early warning system, a unique contribution that allows Unified Patents to better protect a
`Micro-Pool as a whole. By partnering companies of all sizes, Micro-Pools can help make defensive collaboration
`http://justdemo.
`in/unified/2013/09/23/the-gloves-are-off-unified-patents-inc-unveils-its-npe-deterrent-strategy/
`Recent
`Blog
`Press Release
`WSJ Article - New Venture Enters
`Patent Fray (Sub. Required)
`CNET Article - Unified Patents,
`backed by Google, takes Fight to
`Patent Trolls
`The Gloves are Off: Unified
`Patents Inc. Unveils its "NPE
`Deterrent" Strategy
`Unified Patents Challenges
`Clouding IP Patent seeks To Push
`Patent Trolls out of Cloud Storage
`Unified Patents Challenges
`America's Most Litigious Patent
`Assertion Entity
`EXHIBIT
`2020
`Planet D pos, LLC
`IPR2013-00586
`Unified Patents, v. Clouding IP
`Clouding IP, LLC Ex. 2005
`Page 1 of 2
`
`
`Bradium Exhibit 2020
`Unified Patents Inc. v. Bradium Technologies LLC
`IPR2018-00952
`Page 2 of 2
`
`The Gloves are Off: Unified Patents Inc. Unveils its "NPE Deterrent" Strategy I Unified PatentsUnified Patents
`12/25/13, 1:07 PM
`much more effective by reducing the number of easy targets vulnerable to NPEs.
`Unified Patents' first two Micro-Pools cover Mobile Payments and Cloud Storage but the company has dozens of
`technologies identified for potential Micro-Pool protection. NPEactivity has become readily apparent in these Micro-
`Pools where many companies are already under attack and spending millions of dollars annually in legal costs and
`settlements.
`The company is headed up by its CEO, Kevin Jakel and COO, Brian Hinman, who between them have dozens of years of
`experience defending against NPE activity for major technology companies. Prior to Unified Patents, Kevin served as
`Intuit's Head of Intellectual Property Litigation. In this role, Kevin teamed with other companies such as Google,
`Verizon, and others on joint defense, legislative reform, and judicial efforts to combat NPE activity. Brian was most
`recently Vice President of Intellectual Property and Licensing at InterDigital Communications, Inc., and has served in
`similar roles at Verizon and IBM. Brian also served as the founding CEO of an alternative defensive patent entity, Allied
`Security Trust (AST).
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