The patent filed for an important component of the “CloudtoCableTV” architecture has received a “Notice of Allowance” meaning that a patent will be granted as soon as fees are paid by me. I will also file for continuations and other divisional, including the European Patent Office action that is also pending as part of a PCT Filing. This is the first patent created and issued at the “EGLAVATOR”
Creating any “TV/Cable Network” is difficult. The complexity of content distribution to cable/mobile operators (“affiliates”) is enormous and requires time, effort, lots of capital, and the use of multiple complex technologies. As one example, satellite time required to distribute TV/music content cost thousands if not millions of dollars per year. In the case of music distribution, this is more complex, as revenues may need to be split among multiple brokers and intermediate agents.
Additionally, current cable TV subscribers want to consume their TV and music content ontheir mobile devices and tablets. Users want to enjoy their cable TV subscriptions at home, school and office, — any time, any where.
Over-the-Top Platforms (OTT) are widely used today to sell individual subscriptions but not that many systems can reach out to millions of viewers without Cable TV’s help. Hence, Cable TV distribution provides a volume monetization outlet by tapping into millions of subscribers worldwide. Cable TV is the best monetization outlet for new networks including music channels, TV, and video Video on Demand (VOD) content.
In this white paper, we introduce MEVIA as a novel platform solution for content distribution to mobile, web, and Cable/Satellite TV systems. MEVIA effectively reduces cost and maximizes returns.
MEVIA is a unifiedmultimedia platform that enables quick and easy distribution of TV, video, and music package content to cable and mobile operators. MEVIA connects the worlds of web/mobile with Communications Service Provider (CSP) or Multi-System Operator (MSO) content distribution headends.
Our “Cloud to Cable” technology is a patented system that distributes and delivers TV, music, and video channels to satellite and cable TV operators as well as to mobile/web, providing a unified user experience. MEVIA is true to our “Amplify your reach®”slogan.
MEVIA also includes customizable mobile applications and specialized equipment for Satellite and Cable TV broadcasting.
When a content owner decides to distribute their content with MEVIA, the first step is to load TV feeds, music assets, and/or video content into MEVIA storage or ingest servers. The content is then made available securely in all the affiliate systems on Cable TV and mobile/web distribution via our mobile application. Finally, a content ownermay define special playlists and grid programming.Different pricing structures can be enables such as on aper subscriber-basis,per download, or a flat rate.
What Type of TV, Music, and Video Offers are Available?
The range of multimedia services that can be offered are:
VOD or Video On Demand
Linear Television Networks
A media owner could offer, for example, a Cable TV and Mobile package that includes:
Thousands of VOD files
50+ Music channels with customizable screens
5+ Linear concert channels
What Type of Formats?
MEVIA uses all commonly available encoders and transcoders for audio and video, hence any file from any format can be ingested, processed and broadcasted. The most popular formats are MPEG, MP4, with encoding in H.264,. H.265, AAC, AC-3, and MP3.
How does MEVIA Work?
In essence, MEVIA connects to any web-based platform, rendering its contents and preparing multiple broadcast-ready streams for operators, mobile, and web.
These streams can deliver:
Music with enhanced metadata
TV/Video with real-time enriched web-based information, such as twitter feeds
In summary, Cloud to Cable and MEVIA provides three main delivery mechanisms:
Applications – Mobile and Web
Linear streams – Cable Systems and Satellite Operators
Over-the-Top Applications for Apple TV, Chromecast, Smart TVs,and private systems
We will present howthe business model works, some case studies. and our mobile application.
The business model used by MEVIA issubscriber-based and perfectly aligns with the proven “Multichannel Video Provider Distributor” (MVPD)business model. In this model, operators purchase packages from companies such as Time Warner, SONY, ESPN, Disney, CNN, and many others at prices that range from cents to several dollars paid per subscriber. The MVPD generates revenue through adding targeted distribution capability. In this case, an MVPD will use MEVIA to purchase TV, Music, and Video content, pay the content owner and resell that content rights to all their subscribers as part a “Digital” or “Premium” package, or as any format that the operator chooses to use. For Example a Cable TV Operator may purchase ESPN package for $3.95/subscriber and sell a premium package with ESPN For $29.99/subscriber, it is likely that other similar network would cost the operator between cents per subscriber to a few dollars. Package pricing depends on volume and in some cases, years of negotiations and agreements.
MEVIA will provide as many channels as are included in an agreement with a specific provider,and will deliverthat contentto the operator in the format that their system supports– Linear TV, VOD, or Interactive.
Case Study: CABLEVISION MEXICO
As an example, CABLEVISION MEXICO needed 50+ music channels branded under their name “CABLEVISION”in market. They provided a set of backgrounds that were used for customizable screensbroadcasted to their users on channels 800-850. The broadcast should include their logo and artist/song metadata, as shown here:
MEVIA created all the music channels simultaneously and broadcasted a lineup ready for more than 1 Million subscribers in Mexico City. Similar screens were made for AXTEL TV, a smaller operator in Mexico City.
Sample Set Top Boxes for DMX and CABLEVISION Music
Case Study: MOOD MEDIA
MOOD MEDIA ingested thousands of song files into MEVIA’s storage platform via secured FTP (SFTP). The files were stored in 256Kbps format in some cases where stored in MP3 in others AC-3.\
The multimedia content might be hosted within MEVIA’s storage platform and content management. In this case study, a product was created for DMX Music/MOOD Media in 2013-2015 timeframe where all the assets were hosted by MEVIA. MEVIA applications and platform was used to synchronize up to 10+ Cable Operators broadcasting multiple packages with 50+ music channels,some with audio-only some others with video and metadata. MOOD MEDIA had over 20M subscribers in operators that included TIGO, CLARO, and many others.
In this case, a customized HTML web application and native applications were used together for mobile/web and OTT that complemented the Cable Operator offering.
Demonstration: Case Study Using Spotify (Internal Test)
Assume a CSPhas decided to make a deal with “Spotify” and would like to broadcast music to 2M subscribers with a package composed of 50 music channels from Spotify and a few music video channels from a different provider,VEVO.
Without our Cloud to Cable technology, this would be a daunting task, besides the associated cost for satellite fees, and additional complications. In this figure, MEVIA facilitates distribution of a web application to be part of the Cable TV channel line-up.
MEVIA Cloud will connect to the web-provider and retrieve all required webassets that are currently in use by Spotify. The authentication and authorization can also be linked in connection with the Cable Operator and MEVIA provides a method for single sign-on.
MEVIA can accommodate 50-100 music channels broadcasting in SD, HD, or even 4K depending on the bandwidth that the operator may have available for this service.
Now, an Operator will be able to offer a particular set of Spotify playlists to its subscribers and increase Spotify® music viewership by 2M subscribers.
Similarly, VEVO has no cable TV product offering, MEVIA can enable both VOD and Linear Programming streaming from the same appliance using our caching and distribution network that has been put in place for Spotify®
SKY BRASIL® created SKY TUNES,a product that was powered by MEVIA from 2013-2015. MEVIA provided all OTT streams for thousands of customers in that part of the world. SKY TUNES mobile applications were downloaded by millions of subscribers in IOS and Android. MEVIA provided to SKYTUNES APIs, streams, and playlists for the application, as well as analytics.
Ingest of media can be done to our cloud storage in our platform, by simply adding and dropping all the required music files in MP3, AAC, or AC-3 Formats.
Movies can also be uploaded and ingested by accessing the storage and uploading all the required MP4, MPEG-2, or any other format encoded in any known video encoder, suchas H.264, H.265, MPEG2 Video, and many others.
Mobile Apps for MEVIA
MEVIA provides two middleware components, one for music content that was branded initially as “Mediamplify Music” and MEVIA Apps. The fist app is music-centric only, and is capable of handling thousands of music channels in linear format, including“keyword” seed stationscapability. MEVIA is more video and music centric, in other words playback of video and music for IOS and Android. The sample implementations and can be customizedwith any additional branding or screens as the operator requires.
Patents and Trademarks
Amplify your Reach ® is a registered trademark of EGLA COMMUNICATIONS
US15/538,911 and PCT/US2015/067464 METHOD, SYSTEM, AND APPARATUS FOR MULTIMEDIA CONTENT DELIVERY TO CABLE TV AND SATELLITE OPERATORS
Music for Cable and Music for IPTV ara part of the sites being relaunched for lead generation for “Cloud to Cable TV” and Music as a Service offerings for operators. Music for MVPD and Operators is available for licensing
Sites Relaunched: cloudtocable.com, cloudforcable.com, musicforcable.com and ubiquicast.com
Cloud to Cable enables a music or video streaming service to be delivered to CABSAT systems. Our platform can cover 10, 50, 100+ music or radio channels that are directly obtained using your HTML5 web interface and sent directly to a Cable TV System and to subscriber’s set top boxes.
A “MediaPlug” server appliance is provisioned with our cloud-based VM with our proprietary software, connecting to a streaming service. As an example we have created “MEVIA & Mediamplify Music” a Cable TV offering also available for Cable/Satellite systems. Read more
Music for Cable TV is then as quickly as signing a partnership agreement with EGLA COMMUNICATIONS and creating a selection of stations for CABSAT. Licensing should be fast an easy to obtain directly from SoundExchange, BMI, ASCAP and other providers.
We will power your music streaming service and protect all your content with appropriate Digital Rights Management (DRM) as suggested by the industry using encrypted and authenticated secured lines to our cloud or yours directly. Read more
[spiderpowa-pdf src=”http://edwinhernandez.com/wp-content/uploads/2017/07/Music-for-Cable.pdf”]Music for Cable
Cloud to Cable
Music for Cable TV, Music for IPTV sites being generated :
Music Choice vs Stingray Digital – Case 2:16-cv-586-JRG-RSP
Music Choice vs Stingray is a case taking place in the E.D. of Texas. We will discuss in the article, the judge’s order (Judge Roy Payne) and memorandum regarding all the claims terms and its construction. As expected, the judge went for:
“[C]laims ‘must be read in view of the specification, of which they are a part.’” Id. (quoting Markman v. Westview Instruments, Inc., 52 F.3d 967, 979 (Fed. Cir. 1995) (en banc)). “[T]he specification ‘is always highly relevant to the claim construction analysis.
As in many cases, this was also the case as well, here the order/memorandum available online:
As shown, in all cases where Music Choice made a simple term definition, Judge Payne went for the simplest and more appropriate meaning to the words. Music Choice won pretty much all terms in their favor and in all “indefinite” arguments did not move an inch in favor of Stingray. Hence the judge also sided with Music Choice’s arguments and claim construction. For instance:
What was the goal on trying to interpret a Cable TV system as it if was not a digital system? I don’t really understand why Greenberg did not agree to this simple term? And the judge sided with Music Choice: “Accordingly, the Court rejects Defendants’ proposed “not a digital network” and “signal” limitations and determines the transmission-system terms have their plain and ordinary meaning without the need for further construction.” The claim recites a first transmission and a second transmission system,
The same thing with “multicast,” this is a well-known term in all Cable TV systems, where multicasting is used to transmit all Linear TV signals. “Accordingly, the Court rejects Defendants’ proposed “not a digital network” and “signal” limitations and determines the transmission-system terms have their plain and ordinary meaning without the need for further construction.”
A very similar analysis is found with the term “trigger message” where the judge sided with the same simple meaning as follows:” Accordingly, the Court construes “trigger message” as follows: “trigger message” means “message configured to initiate an action”
And you can find a very similar argument for most of the terms in dispute.
All the evidence is sealed and there is no way to see exactly how these terms match the device in dispute, however, Music Choice’s attorneys should be prepared and if those terms were favorable to them, now one can asume that their evidence to match these terms is solid.
We will keep track on this case and how this develops, on a different note, Music Choice also got hit by Stingray with several IPRs:
Music Choice then has to defend the following IPR cases filed by Stingray Digital regarding this particular case:
Trial Number – IPR2017-01450 Filing Date – 5/18/2017 Patent # – 9,414,121 Title – SYSTEMS AND METHODS FOR PROVIDING AN ON-DEMAND ENTERTAINMENT SERVICE Patent Owner – MUSIC CHOICE Petitioner – Stingray Digital Group Inc. Tech Center – 2400
Trial Number – IPR2017-01192 Filing Date – 3/31/2017 Patent # – 8,769,602 Title – SYSTEM AND METHOD FOR PROVIDING AN INTERACTIVE, VISUAL COMPLEMENT TO AN AUDIO PROGRAM Patent Owner – MUSIC CHOICE Petitioner – Stingray Digital Group Inc. Tech Center – 2400
Trial Number – IPR2017-01191 Filing Date – 3/30/2017 Patent # – 9,351,045 Title – SYSTEMS AND METHODS FOR PROVIDING A BROADCAST ENTERTAINMENT SERVICE AND AN ON-DEMAND ENTERTAINMENT SERVICE Patent Owner – MUSIC CHOICE Petitioner – Stingray Digital Group Inc. Tech Center – 2400
And maybe others http://www.gbpatent.com/content/uploads/IPR.pdf
Disclosure: EGLA, which I own, provided a platform for DMX for digital music distribution. Stingray acquired DMX Music but not our technology and kept its own music delivery system, the infringing system now. However, EGLA owns a patented technology that is called “CLOUD to CABLE TV“ that enables delivery of linear music channels to Cable TV subscribers in a more clever, fault-tolerant, and efficient way than these patents disputed here. Source: http://edwinhernandez.com/2016/08/01/platform-nternet-tv-music/
EGLA CORP has a patented technology, superior to all the patented technologies out there, that brings the Cloud -based systems and generated images for music and TV channels that can be overlapped. The Cloud to Cable TV system provides:
A system to convert HTML5 to Video, MPEG-4 or MPEG2Video, or H.265
A fault-tolerant system for MVPD and MSO’s – Cable TV Systems
Streaming for M3U8, HTTP Streaming, and compatible with other technologies
Virtualized TV in a box system with Cloud
The device is called MediaPlug and also contains other Management APIs, as well as a good implementation tested with:
and Many other multi-plexers
Advantages over all other systems
There is no dependency into any Set Top Box or DOCSIS 2.0, DOCSIS 3.0, or other MPEG frames or dependencies in changes to STB.
All the systems, are fault-tolerant and enable great reliability and remote management system for all distribution devices
Uses standard DSL/Cable Modem technologies with the system to deliver 50, 100, 200 music channels, and 10-20 HD/SD/4K TV Channels.
Many more advantages that are benefit DRM security, provisioning, and tracking for media playback.
[spiderpowa-pdf src=”http://edwinhernandez.com/wp-content/uploads/2017/07/WO2016106360.pdf”]WO2016106360, however the right set of sighted is attached and is corrected in the US/Europe and other applications.
Cloud to Cable TV White paper [spiderpowa-pdf src=”http://edwinhernandez.com/wp-content/uploads/2017/07/cloudtocable_whitepaperl.pdf”]cloudtocable_whitepaperl
American Innovation Cycle : Challenges and Phases / IPR Era
An Inventor’s Perspective
The new American Innovation Cycle has changed how Innovation is produced and will be created in America. It takes brains, sweat, and tears to innovate, specially technology when you count with limited resources and advanced technological innovations. Inventions do not come easy as many would think and the amount of work and sacrifice to create an new idea is only achieved by a combination of persistence, talent, and creativity. After all this effort, the United States Patent Office (USPTO) may grant that inventor exclusive rights to that intellectual capital in the forms of a patent. Moreover, in this new era of IPRs/PTAB, the innovation cycle is more challenging and what the inventor thought it was of his exclusive right, could be taken away by a group of individuals without a jury.
It’s clear that besides intelligence or necessity, the innovation process requires a great amount of research, many hours of testing, and solving problems that may have never been solved before. and then as a result, the creation of a clever solution or a technological breakthrough that may leads to a brand new product, gadget, or drug.
∴ “The cure for Apple is not cost-cutting. The cure for Apple is to innovate its way out of its current predicament.”” — Steve Jobs
Technological Innovations are things that has never been done or invented before, and there is where the challenge relies, fighting with the unknown. Some innovators work alone, while some others work as a team and it all depends on the field of the invention. Notwithstanding, the thought process, experimentation, and brain capacity required to change the world is significant. As a consequence, innovators put their own reputation on the line when thoughts, ideas, or breakthroughs challenge current trends or ways of doing things.
In my personal experience and many others, their discoveries were a product of a PhD dissertation, after academic research or a Post-Doc position. Clearly, graduate school involves a ton of effort and your peers generally offer a great amount of scrutiny to your findings, creating the perfect environment for innovation, patents, and the creation of intellectual property (IP) wealth.
∴ “The National Science Foundation keeps the US on the cutting edge of discovery. This government agency funds science and engineering research and education programs. ” — NSF Website
One of the organizations financing research is the NSF (National Science Foundation), in some other cases private grants fund and help graduate school research.
However, when you are a private inventor or a small business, this innovation process is even more challenging. Small businesses enter mercy waters as risk intensifies when the inventor’s own savings are on the line.
An inventor, thru his small business, or an entrepreneur with limited resources may account with an income of 100–200K/year. I would bet the average inventor would allocate an R&D budget of 10–20% of that capital, so his/her idea can materialize. In other words, 10-30k may be required for a private inventor or entrepreneur to conceive an idea to practice. Obviously, these amounts are far less smaller than many R&D budgets of mid-size enterprises, and may be insignificant for a corporation such as Apple or Google.
∴ “Google’s R&D spending will rise 16% in 2016 to $14.3 billion, BMO Capital Markets estimates” — BMO Capital Report.
I am an inventor and have personally been involved for the past 20+ years in software and electrical engineering projects and have been awarded with 10 issued patents. For the last 7 years, I have also been immersed into the world of intellectual property as an Expert Witness. Additionally, I have been to the courtroom fighting my own patent battles, licensing my inventions to corporations, and working as an expert witness helping big and small corporations, and other innovators in IP litigation cases.
Moreover, I have been part of an incubator/accelerator, and just recently formed my own technology incubator “EGLAVATOR,”. Hence, I perfectly understand and have personally witnessed passionate inventors and entrepreneurs succeed and fail. Besides that, I have been advising startups and entrepreneurs with their intellectual property strategies from implementation of software to patents.
The Phases of the American Innovation Cycle
I can summarize in the following chart the Innovation Cycle in America, as of 2017, identifying 4 phases:
The Prototype : First inventors create an exciting new idea, or prototype, this is first of the “Innovation cycle”,
Am I Rich Phase : Teams are formed, early-stage capita, and people believe in the “American Dream” as Edison, Musk, Larry Page, and others have preceded them,
Try Again Phase: Promoting that patent or technological product was full of hurdles, and problems, and,
Fighting Phase: Many times, you may give up as your innovation could have been taken by major corporations. It is tiime to fight back
Phase I: Your Prototype
Congratulations, you have completed that prototype and have successfully closed an R&D cycle. All your findings are promising and are able to get some cash to file for a patent. As an inventor, you may be excited to have that prototype built and working with your innovation in your garage, your small office, or even under your 3D-printer. A new functional product may require additional effort to perfect, but the core of your minimally viable product has been completed.
MobileCAD Parts – Prototype GSM
Now it is time to get your investment back and hopefully some additional return to your time, ingenuity, and investment made.
US 7231330 Patent
In Phase 1 or the initial stage, can be identified when the inventor is excited to find out that after a couple of years of work and waiting for the patent office response, his invention has been granted with a patent. All inventors feel happy, safer, and more confident then to share with others their final product or intellectual property creation.
The inventor may even find some additional dollars for a continuation patent or a divisional that your friendly patent attorney has offered for another set of payments. Then and within this excitement, the inventor believes that his valuable creation can help company A or company B, and Inventors can forecast good faith sales, royalties, or a revenue shared agreements with those companies. In this phase, the inventor may draft or someone may help him draft a business plan. This is a very common process in academic and research institutions, where their intellectual property is being commercialized and often needs a business plan attached to it.
As an example, the University of Florida Research Foundation receives an assignment to the patents created by students or professors while at the university, and many spinoff companies are created from many inventions and intellectual property created in Gainesville.
As time progresses, the inventor is almost sure that relinquishing 60% to 80% of the value of his IP, in exchange for business help has certain value, obviously when you multiply $yM by 60%, is still a much larger number than a 100K+ salary.
In this initial stage of his invention, the now nascent entrepreneur has a “startup” venture. However, an inventor should be aware that 1 out of 200 startups may succeed, and no PhD will suffice or exclude you from the probability.
Phase 2: Am I rich Phase?
During a second phase, that we call Phase 2, inventors believe that their invention is worth millions and why not billions, and in order to get paid, the world needs to know about it and licensing deals need to take place.
In this phase, a process of idea exchange is initiated with the world. In some cases, inventors may start this phase even without a patent issued, but with a patent filed or “patent pending” status. As this stage, Inventors believe that they are protected by their patent or multiple patents, some even may use an NDA to cover their IP a bit more. Inventors and entrepreneurs start sharing “decks” with their IP with others.
Some companies may proceed with more due diligence steps, after an initial presentation, which may take a few weeks that may include the disclosure of your finances, a term sheet prepared to license, partner, or sell the IP with a major player, your new customer. As such, term sheets may include 5%, 0.5%, or even 0.05% may represent 10x to 1000x what the inventor invested or what a 401K would contain after 30 years of savings.
Personally, I have met many engineers at trade shows, conferences, meetings, and in general when I worked for corporate America, many engineers and directors would say phrases like “We can do that ourselves, why do we need them?,” or “We did that already, isn’t that we had in a prototype before?”. That mentality is not conducive to licensing deals, in fact, many engineers would think they are not infringing that idea or may indeed have done a similar thing without filing for a patent.
Obviously. the AIA (American Innovation Act) is not at play here, it is a fair game and inventors in good faith exchange the ins and outs of their technology, and probably more than they actually have protected with their patent and their claims. AIA changes the rules to who filed first, and that may benefit the inventor, but not for long.
At this stage, you cannot guarantee any NDA or outcome from sharing your invention, prototype, and trade secrets to third parties. Your potential payout has maybe, inadvertently zeroed, as you have shared details to a corporation that had no desire to pay a penny to begin with.
Obviously, if you were convincing enough or had a 1 a billion invention, you might hit the jackpot, at 1/10th of the value or even at 1/100th of the value perceived by you. Good for you!!! You don’t have to go thru Phase 3 and 4.
Phase 3: Try Again
After weeks or months of “marketing” and sales, there are no more responses to that presentation, and the excitement is gone, and you try it again with another party. In some cases, a corporation may say “Send your claim chart,” “if you think I am infringing your invention, say that clearly.” In many cases, these are tactics designed to defuse your value, and get that idea or innovation for free without paying.
The inventor and his parties are now part of the “Try Again” phase, and very few corporations will actually pay or offer to pay a fair deal to the inventor or the entrepreneur. May corporations understand that a fair deal is 0% royalty for them or a rev share that will make them billions and thousands to the inventor, they think they may even try to hire the inventor to work for them. Obviously, not that many inventors had a father like Donald Trump with a $1M dollar loan, in many cases inventors are using their time and own capital to fund their dream, many even quit their jobs, and are sacrificing their families so they can move out of their garages or co-working spaces.
This is where when the nightmare starts, as you have disclosed to Corporation A, Corporation B, and C your deepest secrets. You assume that your NDA (that could be just downloaded form a free site) will cover you, and the answers is no. Sounds like bad news? Maybe you are better of working under the radar or move to the “Try Again” phase.
Instead, don’t feel discourage and be prepared to gain some market share from Corporate A, B, and C and get leverage, gain momentum for your product, get customers and generate revenue. In many cases, this may not be even possible and if that is not an option, this is the perfect time to think about selling or auctioning your IP.
It is also possible that as you contact more companies, maybe no phone calls are returned and you might get emails stating things like “We moved in a different direction….” Or “We will get back to you in the future,” or “If you think we are infringing say so.” In other words, the “little guy” just wasted months of his/her time waiting and sharing all their knowledge, training for free several groups of engineers.
” It could be also a communication problem, hire a good sales person. Inventors might confuse and use too much jargon, confusing a potential buyer”
Maybe if you are in this situation, and you are planning to file a lawsuit, stop right here and think. If nobody wants to pay for your invention or innovation, or offers little to pay for your invention, there are two reasons:
Your invention is not valuable as you think it is, or
Your invention is very valuable and they think you cannot fight back
Get some validation from the marketplace and offer some licenses at reasonable prices, get paid small amounts. Assuming, you can reach two or three licensing agreements, you may use some of the funds to move into Phase 4.
‘Good artists copy; great artists steal’ – Steve Jobs
Phase 4: Give up or Fighting Back Phase
At this point , you have decided to continue the fight and that’s what I will call the “Fighting back” phase, in this phase you have :
Legal or Litigation
Compete in the marketplace, go on offense
We wil address the first option as the second option is more than obvious. if you choose to fight back legally, it is going to cost money and a ton of effort.
In my experience, corporations are banking on a simple fact:
“you are poor and cannot afford to fight back.”
An inventor will run out of money and will not be able to afford a firm like “Foley and Lardner,” or “Fish & Richardson,” Instead, most inventors, hire a John Smith, P.A,, a guy at the co-working space that will settle a licensing deal for a 25K offer because he can make easy ½ of that without inventing a thing.
Many other inventors won’t give up that easy, and after the past 2-3 years of efforts and, after dumping 300k – 1M of their own capital that will not make your 401k anymore decide to act on a different strategy, sell the asset. Maybe at this point the cost of opportunity is not that high, and the inventor has not given up entirely for all these stories to become part of another “Thanksgiving dinner chatter” story.
It is advisable that inventors find an intellectual property investor and sell their assets to them, after all that hard work, maybe someone can make some money. Many of these patent acquisition firms are called as “Patent Trolls” and will likely review your case and take a risk by enforcing your intellectual property.
The last group of inventors and entrepreneurs, the lucky set in Phase 4. have most likely no family to worry about, or have a wife with a 7-digit salary, and in general have a cushion of cash that has kept them afloat.
Even these few inventors have to face retainers from boutique firms requiring $300k for an IPR defense. IPR stands for Inter-partiers Review which is a technique/trial coined as part of the AIA and used by the PTAB or “Patent Trial and Appeal Board.” to determine grounds of unpatentability or obviousness of a patent. This process and all other litigation require thousands of dollars to retain experts at $300-$700/hr in the fields of damages, telecom, electronics, and computer engineering. Some may say that a patent lawsuit needs a budget of $1M to $3M to be safe.
Once you are at this stage, you may have to have a wealthy business partner, where your business plan is your intellectual property, and your strategy is to take them to court as you have no other option left.
At this stage, the inventor has no choice but to create a corporation that carries out one function and one only purpose, litigate your patents with some leverage to fight back, the same leverage your infringers will have. The inventor is unfortunately now facing another cut in his IP value, 30-50% perhaps plus the attorney’s fees.
Corporations like Unified Patents and others are in the business of invalidating patents, they claim that they are looking after “startups” when we know that “Trolls” or patent investors don’t waste their time with startups that can barely make payroll. Unified Patents is in the business of protecting the big donors and their big corporate members, as an example I wrote an article in my blog https://edwinhernandez.com/2016/03/05/unified-patents-ipr-for-8886308-patent/
At this stage, the fight is not easy and after meeting maybe 20 to 100 law firms, you may find a match, and have an investor to cover your patent and IPR litigation costs, and there you go, your first litigation.
Be were that IPRs are very hard to win, and the PTAB is invalidating patents using the “broadest interpretation of the claims” which I still don’t know what broad means, and what aspects of innovation are hence decided by a board of people that will obviously make mistakes. It is much easier to kill a patent than say why it is valid. In fact, 90% of the patents will be invalidated in an IPR.
Obviously, if your IP is invalid and non-enforceable, you have no need to worry, don’t try to play a patent stunt. If you have not invested time and money with reputable attorneys, you will fail, you cannot fool the system, you need a strong patent with good “claims.” Hire a good Patent Attorney to handle this for you.
On the other hand, the US Government must create an environment and laws, or extend the current laws to protect the many inventors that are facing gigantic multi-billion dollar corporations that are not interested in fostering innovation and paying their fair share to private inventors but instead are greedy and rather make their attorneys richer.
Current invalidation processes and all the litigation roadblocks that are placed to protect corporations from “Patent Trolls” are simply unjust and unfair. The invention is not the victimizer, it is the victim. The current process incites and motivates large companies to simply steal and take the inventors to the cleaners via an IPR or just take IP with the agreement “see you in court.” Corporations are abusing the system and avoiding fair payment to small and independent inventors, this simply hinders innovation and halts private research made by small corporations, which brings to add as one of the “American Innovation Cycle” phases described in this articled.
In my opinion, corporations should be penalized and award the total amount of fees paid to their attorneys plus what is paid to the inventor’s attorneys, if in fact and in bad faith an invention was taken. Specially, after fishing valuable information from the inventor. A recent case lost by Huawei shows how major corporation would not allow even a picture taken of one of their assets (T-Mobile vs Huawei – $4.8M Award) Maybe, this will discourage illegal use of Intellectual Property (IP).
An inventor has to remember that most corporations will pay millions to law firms and will offer thousands to the inventor, even if that invention is valuable. Hence, my recommendation is:
Create a business model and substantiate your invention, be prepared with enough cash to protect your IP wisely and very well,
Don’t save in attorney’s fees and look for attorneys that their patents have not been invalidated,
Keep your options open and file a continuation, even if you have your patent issued.
Be ready to fight back, send a letter to your congressman,
Talk to other inventors, inventors are often shy and hermits, speak up
If one of your inventions was stolen, well you are a creative kind, learn and create a new one!!!
Obviously, inventors are move vulnerable at trade show as many do not understand or don’t know what the consequences of an email badly written, or whey they act emotionally sending a threatening letter or triggering a “Docket” action, meaning a lawsuit filed against them. Be careful and think before you act!
What worries me is that innovation is getting monopolized by big corporations that can afford a litigation system. Any major corporation, specially those that you contacted and signed NDAs with yo, would rather hire a law-firm than pay you a dime. A major corporation with deep pockets will not be hesitant to allocate and pay to any law-firm $3M to $6M to defend their business form you. The corporation will try to find a a way to invalidate your patents, and fight the inventor that is perceived as the “little guy,” after all, you are just an annoying thing going on in their radar. The sad part is that. a corporation and its management team will not even offer the inventor a low-ball 7 to 8-digit licensing deal even when you presented your invention or technology in good faith and in a non-threatening way.
My company EGLA has its own intellectual property and we manage a technology incubator (“EGLA INCUBATOR”). At my company, we represent innovative ideas and we want to meet corporations with interest in helping themselves and help innovators with our patents and software.
Disclaimer: Nothing here represents a legal advice, I am not an attorney and if you need one contact, your yellow pages or a friend may be your best referral. I bet there is a good IP/Patent attorney nearby. Hence, you have to make your own decisions about any intellectual property matters.
We have done tremendous progress on MEVIA, the message, the branding and overall improved to a responsive site our corporate image. Focusing on the CLOUD TO CABLE TV message and our mobile app, MEVIA.
New Web Presence
We decided to build a new site to cover all technology offerings and services offered by EGLA COMMUNICATIONS. The new website uses a parallax, HTML5 responsive interface with great integration to social networks, our own cloud and although released about a week a go, still is ongoing new updates, and more improvements to come.
The new responsive design incorporates HTML5 Video and also provides support for Open Graph integration to Facebook and Slideshare. You can still access the old site at blog.eglacomm.net
We enforced and support the following areas for EGLA that include our products in:
CLOUD to CABLE Platform (Mediamplify)
MEVIA Application, and
Cloud to Cable
EGLA offers its Cloud to Cable product. Cloud to Cable is a technology that connects cloud-based platforms and all its content in HTML/Video/Music and distributes them to Cable TV systems in a seamless and effortless manner. You can then distribute the same content to mobile, desktops, and other connected devices
Our team prepared some illustrative videos on what CLOUD TO CABLE is, and how it enables both mobile and Cable TV experiences all in one platform at an affordable rate.
The first video is in english:
And a translation in spanish:
Music for CABLE
Our CLOUD TO CABLE platform (MEDIAMPLIFY) provides us with a great place for a Music service that is offered from our platform to any Cable TV system or IPTV network. These music product is also available thru our MEVIA APP, in both Android and IOS.
Our music content is diverse and unique, we prepared a video introducing our content.
Our platform is available for licensing enabling any Music streaming service to connect with millions of Cable TV subscribers.
Just like Music, our TV/Video offering is available both for web/mobile and Cable TV. We count with 1000+ TV Channels and networks from all over the world. We offer this content to our customers in CABLE TV or thru our mobile app, MEVIA.. The TV/Movies are available in all formats and ready for distribution to your MSO or IPTV system.
Similarly, Cloud to Cable Video Platform is available for licensing to any TV Broadcaster. We include a playback and real-time video production for your broadcasting needs.
Mevia is a great application to deliver multiMEVIA content to costumers in mobile apps or tablets, also enables the control of connected devices like the Chromecast and Apple TV. MEVIA is our mobile app and CLOUD TO CABLE extension for smartphones and smart TVs. The MEVIA App experience is available consumers but also available to businesses and universities. The market segments where MEVIA fits are:
Coffee Shops and Restaurants
You can associate your brand with Music and Video content easy with MEVIA.
In English: https://www.youtube.com/watch?v=yxAW2NXgg7g
This is part of our feature set for LATAM, an announcement on platform and services will be done soon. We use our own custom Bluetooth Low Energy button to support MEVIA Safety features on MEVIA. Quickly send your current GPS location to a friend or family member in case of emergency or simply asking for assistance.
Our Wireless Products Portfolio was revamped and stylized with:
Anvato Acquisition by Google Compared with EGLA CORP
An announcement was found today regarding ANVATO, one of the OTT Platforms in the market. Slideshare brings an interesting one-pager depicting what ANVATO is:
An OTT Platform
Some Patents in encoding and transcoding
Main features include:
Clearly, MEDIAMPLIFY can be compared with ANVATO, indicating that we provides the same amount of features:
Players – Apparently they have they own SDKs – However there are many open source players like FlowPlayer, VideoJS and many others that are compatible with m3u8, rtmp, even the jwPlayer with a $299 license can be resolved.
Reporting : Clearly reporting is key, however Analytics are done mostly via Google and others, but data presentation and reporting is fine.
Live Streaming: EGLA can handle hundreds if not thousands of live streams using Mediamplify.
Video Encoding: Codecs are kings, we offer both on-premice and in the cloud
Cloud Editing: We cannot do edition per-se, maybe CasperCG type of editing.
Syndication: Playback facility works and syndication is available via MediaPlugs
Subscriptions: Payments and authentications is done in the backend
Ad insertion: Likewise, ads can be inserted anytime in the playback facility or in the player.
A few perks from MEVIA/EDIMAPLIFY not offered by ANVATO
We have the MEVIA APP both for IOS and Android
Mediaplugs can generate music channels and provide a Pandora-like Experience