ActionIntel Detailed Overview - Emerging Strategies

ActionIntel

© 2014 Emerging Strategies, LLC

intelligence driving action for optimizing return from commercial and IP interests

Don’t give me a lot of stuff to read, just tell me what I need to do . . .

Overworked GCs and CEOs have told us . . .

ActionIntel



Is my business is covered?

Is my business wasting money on unnecessary IP?

But they also worry about . . .

ActionIntel



ACME PROUDLY ANNOUNCES

Coming this July . . .

Automobile A is being upgraded with a better anti-lock braking system!

Happy Braking!ACME

Let’s look at a typical scenario (goods/services perspective) . . .

ActionIntel



Does upgrading a feature impact whether your business is covered?

Does upgrading a feature impact whether your business is wasting money on unnecessary IP?

Does information about upgrading feature tell you what to do?

ActionIntel



YES!

YES!

NO!

Does upgrading a feature impact whether your business is covered?

Does upgrading a feature impact whether your business is wasting money on unnecessary IP?

Does information about upgrading feature tell you what to do?

ActionIntel



Dear Client:

A patent maintenance fee is due for Patent X. Please authorize paying the fee.

Have a nice dayYour “full service” law firm

Let’s look at another typical scenario (IP perspective) . . .

ActionIntel



Does a patent maintenance fee deadline notice impact whether your business is covered?

Does a patent maintenance fee deadline notice impact whether your business is wasting money on unnecessary IP?

Does a patent maintenance fee deadline notice tell you what to do?

ActionIntel



YES!

YES!

NO!

Does a patent maintenance fee deadline notice impact whether your business is covered?

Does a patent maintenance fee deadline notice impact whether your business is wasting money on unnecessary IP?

Does a patent maintenance fee deadline notice tell you what to do?

ActionIntel



To know what to do and whether your business is covered and not wasting money on unnecessary IP, you need:

1. Context: interrelationships among impacted goods/services, features and IP matters;

2. Brief explanations of concerns involving the goods/services, features and IP matters; and

3. Action options for addressing each concern.

ActionIntel



ActionIntel:1. Provides context: interrelationships among impacted goods/services, features and IP matters

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ActionIntel:1. Provides context: interrelationships among impacted goods/services, features and IP matters;2. Explains concerns involving the goods/services, features and IP matters

ActionIntel



ActionIntel:1. Provides context: interrelationships among impacted goods/services, features and IP matters;2. Explains concerns involving the goods/services, features and IP matter; and3. Provides action options for addressing each concern.

ActionIntel



Selecting action options in view of the context and concerns of interrelated goods/services, features and IP matters provides confidence that your business is:

1. covered; and2. not wasting money on unnecessary IP.

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Let’s see how it works . . .

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The basics: businesses sell goods/services now

US Automobile BAvail 03/03/12

CA Automobile CAvail 12/15/15

US Automobile AAvail 05/20/04Disc 11/04/14

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. . . and in the future.




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Some goods/services are discontinued in the future.




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Goods/services have features that customers like and that distinguish over the competition.



ABS-1Avail 01/01/05Disc 07/07/14

AutoParkAvail 01/01/14

ABS-2Avail 07/18/11Disc 01/23/15

Heads-Up DisplayAvail 02/07/13



Brand CAvail 12/15/15

Brand AAvail 05/20/04

Tire Inflation MaintenanceAvail 02/01/14

Brand BAvail 03/03/12


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ABS-2Avail 07/18/11Disc 01/23/15








Some features also may be available now or in the future, or discontinued.

ABS-1Avail 01/01/05Disc 07/07/14US Automobile A

Avail 05/20/04Disc 11/04/14

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More basics: businesses acquire IP interests (patents, trademarks, etc.)

Patent 1Filed 050595Issued 07/21/97

Patent 2Filed 06/12/12

Patent 3*Not Filed


Trademark 1Filed 021504Issued 07/30/04

Trademark 3Not Filed


ActionIntel



IP interests have unique claims that define unique structures of or sources for goods/services.

ABS-1

ABS-2

AutoPark

Lubricant effectiveness analytics

Brand A

Brand C

Brand B



Patent 3*Not Filed



Trademark 3Not Filed


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A business is covered when at least one feature of a good/service relates to at least one pending or enforceable IP claim . . .




ABS-2Avail 07/18/11Disc 01/23/15





ABS-1

ABS-2

AutoPark




Patent 3*Not Filed





Brand ATrademark 1Filed 021504Issued 07/30/04

Brand C Trademark 3Not Filed

Brand BTrademark 2Filed 030311Issued 09/03/11


Avail 05/20/04Disc 11/04/14

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And the business is not wasting money on IP when at least one claim of an active IP matter relates to at least one feature of a good/service . . .




ABS-2Avail 07/18/11Disc 01/23/15





ABS-1

ABS-2

AutoPark




Patent 3*Not Filed





Brand ATrademark 1Filed 021504Issued 07/30/04


Brand BTrademark 2Filed 030311Issued 09/03/11


Avail 05/20/04Disc 11/04/14

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ABS-1

US Automobile A

US Automobile B

CA Automobile C

AutoPark

ABS-2

Heads-Up Display

AutoPark

AutoPark

Brand C

ABS-1

ABS-2

AutoPark


Patent 1Filed 050595Issued 072197

Patent 2Filed 061212

Patent 3*Not Filed


Brand A

Tire Inflation Maintenance

Brand B Brand ATrademark 1Filed 021504Issued 073004


Brand BTrademark 2Filed 030311Issued 090311

Or else . . .• A good (Automobile C) is not covered and can be copied, limiting ROI; and/or• An IP interest (Lubricant effectiveness analytics) does not cover a good and wastes resources (time,

money) that should be spent developing or protecting goods

ActionIntel



ABS-1

US Automobile A

US Automobile B

CA Automobile C

AutoPark

ABS-2

Heads-Up Display

AutoPark

AutoPark

Brand C

ABS-1

ABS-2

AutoPark


Patent 1Filed 050595Issued 072197


Patent 3*Not Filed


Brand A

Tire Inflation Maintenance

Brand B Brand ATrademark 1Filed 021504Issued 073004


Brand BTrademark 2Filed 030311Issued 090311

Disconnection often happens over time as goods/services are upgraded, that is, dropping and adding features, with the dropped features disconnecting the good from whatever IP claim covers the feature and the added feature potentially needing IP coverage.

ActionIntel



Whether a business is covered and/or wasting money on unnecessary IP and what to do to maintain essential coverage and minimum costs depend on understanding the existence, development and cessation of relationships among features, goods/services and IP interests.

Goods/Services

IP InterestsFeatures

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Especially as the numbers of features, goods/services and IP interests increase!

Goods/Services

IP InterestsFeatures

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The above example showed 3 goods that each could include any of 8 features that each could be covered by any of 7 IP claims, thus 80 relationships to understand.

goods-features 3 x 8 = 24features-claims 8 x 7 = 56

80

ActionIntel



The above example showed 3 goods that each could include any of 8 features that each could be covered by any of 7 IP claims, thus 80 relationships to understand.

goods-features 3 x 8 = 24features-claims 8 x 7 = 56

80

As your business develops goods/services and features, the number of relationships grow, without ActionIntel, comprehension of whether your business is covered and/or wasting money on unnecessary IP becomes increasingly difficult and unreliable.

ActionIntel



What about the big picture of all of our goods/services and IP matters?

ActionIntel



What about the big picture of all of our goods/services and IP matters?

Answer:1. Snapshot: big picture metrics2. Commercial Interests Executive Summary: all goods/services3. Commercial Interests Hotsheet: only goods/services with

concerns4. IP Executive Summary: all IP matters5. IP Hotsheet : only IP matters with concerns

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Snapshotgraphically reveals whether business is covered and not wasting resources on unnecessary IP matters by showing the interrelationship of:

Goods/Services

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Goods/Services

Features

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Goods/Services

Features

IP interests

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SnapshotColor-coding draws attention to:

revenue-enhancing opportunities

cost-reducing opportunities

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Commercial Interests Summary-groups goods/services by country

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Commercial Interests Summary- groups goods/services by country-shows availability/ discontinuance for planning

ActionIntel



Commercial Interests Summary- groups goods/services by country-shows availability/ discontinuance for planning-lists distinguishing features

ActionIntel



Commercial Interests Summary- groups goods/services by country-shows availability/ discontinuance for planning-lists distinguishing features-shows concerns and action options for each feature

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Commercial Interests Hotsheet-color-coded by urgency

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Commercial Interests Hotsheet-color-coded by urgency-identifies feature of good/service triggering concern

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Commercial Interests Hotsheet-color-coded by urgency-identifies feature of good/service triggering concern-explains concern

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Commercial Interests Hotsheet-color-coded by urgency-identifies feature of good/service triggering concern-explains concern-provides action options

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IP Interests Summary- groups IP matters by country

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IP Interests Summary- groups IP matters by country-shows IP matter status

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IP Interests Summary- groups IP matters by country-shows IP matter status-lists features covered

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IP Interests Summary- groups IP matters by country-shows IP matter status-lists features covered-lists good/service that incorporates feature

ActionIntel



IP Interests Summary- groups IP matters by country-shows IP matter status-lists features covered-lists good/service that incorporates feature-shows concerns and action options respecting each feature

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IP Hotsheet-color-coded by urgency

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IP Hotsheet-color-coded by urgency-identifies feature covered by IP matter triggering concern

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IP Hotsheet-color-coded by urgency-identifies feature covered by IP matter triggering concern-explains concern

ActionIntel



IP Hotsheet-color-coded by urgency-identifies feature covered by IP matter triggering concern-explains concern-provides action options

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What about features not be attached to a good/service or IP matter?

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What about features not be attached to a good/service or IP matter?

Answer: Features Hotsheet

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Feature Hotsheet-color-coded by importance

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Feature Hotsheet-color-coded by importance-explains concern

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Feature Hotsheet-color-coded by importance-explains concern-provides action option

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How does it work?In practice, the triple “A” plan:

1. Audita. take stock of commercial and IP interestsb. Business plan

2. Assess interrelationships among commercial and IP interests3. Apprize of action(s) needed respecting commercial and/or IP

interests that may be taken to advance a strategic business plan or manage unavoidable consequences.

PracticeAudit

ApprizeAssess

ActionIntel Detailed Overview - Emerging Strategies

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