- ♠ Technology
- ♠ Damages
- February 5, 2020 Damages Expert, Damages Report, Expert Witness, Intellectual Property, Inventions, Litigation, USPTOMusic Choice vs Stingray Settlement arrives right before trial. This case has been analyzed as a case by our experts from two angles:
- December 21, 2019 Android, Cloud, Expert Witness, Intellectual Property, J2ME, Linux, Mobile Development, Mobile Device, Mobile World Congress, Smartphone, WirelessOur team of engineers have worked in companies like Motorola Mobility, Microsoft, Blackberry, Nokia, and many other phone manufacturers. Dr. Edwin Hernandez has licensed some of his technologies to major phone manufacturers. ...
This analysis only works when Panduit testfails for a computation of loss profits and only works for a reasonable royalty damagers model.
I personally submitted a damages report in a the case: Mobility Workx, LLC vs Cellco Partnership aka Verizon Wireless in the E.D. Texas, and Judge Mazzant ordered me to present it to a jury which means a Daubert challenge was made and survived..
The model I created for damages can be used for many technology disputes where “Key Performance Indicators” are measured to map a business performance, and how and what intellectual property maps to the revenues generated by a business and its performance.
My report mapped, KPIs from ETSI Specification “TS 32.451 Version 8.0.0 Release 8” describing the following subcategories:
Judge Mazzant accepted my report due to my experience at Motorola and all my overall resume working with startups, licensing deals, and being part of multiple patent and technology licensing agreements that involved companies like Qualcomm, Google, and many others.
For example, TS 32.451 contain several KPIs for LTE Systems or E-UTRAN and you can map an Intellectual Property piece to one or several subcategories, and then from that category you can then establish the proper proportion of what an intellectual property maps to, which means that clearly a percentage of the revenues that a company generates can be mapped to a certain technology.
Key performance Indicators are part of not only 4G LTE systems but are found in most technological systems. The process is presented in the following slides:
KPI - Damages Reports
In summary, one can say that many KPIs have a mapping to revenues, and that’s how companies can value performance to value.
Once these mappings are determined, which all KPIs may offer the same proportion of value to the generated revenues of a corporation, then one can map the features of a patent portfolio to one or many KPIs and create a weighed average of contribution to the KPIs and hence to the revenues.
In the following charts, I represent that maybe a single patent or IP maps to a KPI which equates to a percentage of the revenues, let’s say it is 20%. Assume for a second that the KPI category contains 20 parameters, that for simplicity will be equally weighted. As such, the technology where damages are being calculated corresponds to 2 parameters let’s say, hence a 10% of the KPI is then affected or benefited by the patents or technologies.
Setting up a royalty rate, of let’s say 3% to 5% seems reasonable and affects only the percentage of the revenues a KPI is affected by the patents. Hence, there is no dispute on how much effect a patent or an IP affects a business model.
KPIs are usually defined by the defendant or an industry-defined, like in LTE, and each are granular enough that a mapping between a patent portfolio and /or an intellectual property can be mapped to.
As such a simply royalty yield of 5% can be used to compute an overall royalty that only affects the revenues generated by let’s say LTE Revenues for example, or any other technology with KPIs.
if you have any questions you can contact me or hire me to calculate your damages report.ts_132451v080000p
- September 5, 2019 Cloud, cloud to cable, Intellectual Property, Inventions, Media Projects, Mevia, Music for Cable TV, USPTO
Cloud to Cable Second Patent Allowed
Besides US Patent 10,123,074 a new patent is allowed within the same family. A second set of claims were allowed on September 3rd, 2019 and that means that several claims that cover MPEG TV and Music broadcasting, MPEG 2-way communications, HTTP Live Streaming broadcasting, and fault-tolerance for carriers.
The patent covers a system to deliver multiple video and audio broadcasts that combine web pages with multimedia to be delivered to cable operators.
The following summary of inventions and claims for the following inventions:
✪ MPEG Broadcasting – DVB (Digital Video Broadcasting)
✪ MPEG 2-way broadcasting (On Demand)
✪ HTTP Live Streaming (Applications, OTT TV, Over-the-Top)(
✪ Fault-Tolerance and broadcasting
The claims allowed are essential for modern broadcasting systems for video, music, and web-pages
The Cloud to Cable TV patents are a bridge between cloud systems and TV & Audio broadcasting platforms where the convergence of HTML and Virtualization make possible, what is called today Edge Computing.
In 4G & 5G systems, Edge Computing is classified as:
Edge computing provides compute and storage resources with adequate connectivity (networking) close to the devices generating traffic. The benefit is the ability to provide new services with high requirements on e.g. latency or on local break-out possibilities to save bandwidth in the network – data should not have to travel far in the network to reach the server. Regulatory compliance and network scalability are also important edge computing drivers. Source (Ericsson)
In a way, Cloud to Cable brings compute and storage resources for TV broadcasting systems, either DVB, Content Delivery Networks, or other similar systems.
You can review a summary of what’s been published by the USPTO.