• PTAB Inter Partes Review Consultant – Sample Declarations and Reports

    As an Inter Partes Review Consultant, I draft declarations and assist my clients in Federal court and PTAB.

    I have experience assisting clients from startups to major corporations.  

    In general, IPRs are now used as defense during patent infringement cases.  During the IPR process, we will be  evaluating prior-art and preparing reports for either a Patent Owner or a Petitioner.  Invalidity and infringement will have to be considered as both could be greatly affected by the IPR process, and in many cases terms and claim construction rulings may have an effect that our experts will consider.

    An “Inter Partes review” is defined as:

    Inter partes reviewis a trial proceeding conducted at the Board to reviewthe patentability of one or more claims in a patent only on a ground that could be raised under §§ 102 or 103, and only on the basis of prior art consisting of patents or printed publications (more info)

    Trial Petition Process

    The PTAB Board will first determine if the trial will be “instituted” and whether or not the “Petitioner” has sufficient grounds, or “if reasonable likelikhood standard” is met.  The “Patent Owner’s” response to the initial filling (Preliminary Response) is considered as part of this decision. Once, the petition has been instituted, additional declarations will be required for the board to review and used by your counsel arguing a defense or requesting a claim or claims to be invalidated. The USPTO has the following flow chart: 

    I can assist your attorney in all filings, and you can hire my services as an expert or “Inter Partes Review” consultant. 

    Some examples analyzed in my blog are: “Music Choice IPR” , “Expert Witness Assistance” , and  “Mr. Grecia’s IPR” 

    Selected IPR Declarations and Reports

    A sample declaration filed in IPR2019-01014, not instituted for our client, MULTEMEDIA CONTENT MANAGEMENT, LLC

    Selected Expert Reports

    In a TCPA case against Vehicle Agency and AT&T, and in the notice of “Filing of Expert Report and Identification of Key Portions Answering the Court’s Questions by Vehicle Agency, LLC” for a TCPA Case.

    Many reports were nominated “HIGHLY CONFIDENTIAL” and are not available to the public.     

  • Damages Report Admitted

    A new KPI-based Damages Model (Damages Report) is introduced in this article. This KPI-based Damages Model and analysis 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 (Damages Report filed with the court) can be used for many technology disputes where “Key Performance Indicators”  (KPI-based Damages Model) 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,  a KPI-based Damages Model fits perfectly with KPIs from ETSI Specification “TS 32.451 Version 8.0.0 Release 8”  describing the following subcategories:

    • ➡ Accessibility
    • ➡ Retainability
    • ➡ Integrity
    • ➡ Availability
    • ➡ Mobility

    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 areas.

    In summary, one can say that many KPIs have a mapping to revenues, and that’s how companies can value performance to value.

    Revenues to KPIs

    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.  

    Royalty Calculation KPI

    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 for  KPI-based Damages Model.

  • US Patent 10524002 : Cloud to Cable Portfolio

    As of December 11th, 2019, the USPTO officially issued US Patent 10524002 covering aspects of Cloud to Cable TV that were not covered in the initial patent. I received a notification today of my 12th issued US Patent and hopefully more to come in the coming years.  

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  • Cloud Computing Expert Witness

    December 20, 2019 eglacomm Expert Witness, IPR, Patents

    EGLA can provide my expert witness services to assist you in matters that include: Inter Parties Reviews and Patent Trial Appeals Board (PTAB and IPR Expert Witness), Patent and Technical Expert Witness, and more

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  • Second Patent Allowed for Cloud to Cable TV Portfolio

    A 2nd set of patents were allowed on September 3rd, 2019 and that means that several claims that cover MPEG and HTTP Live Streaming broadcasting.

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  • Cloud to Cable Innovations

    Cloud to Cable  Innovations are always Great News !! Not even a month ago, the US Patent 10,123,074 and US Patent 10,524,002 was issued covering many elements used in "Cloud to Cable TV."   Our  Cloud to Cable platform makes it really easy to broadcast music channels, video channels, video on demand (VOD), and any other multimedia streaming format to millions of subscribers in IPTV, Cable TV, and Satellite providers.

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  • Cloud to Cable TV Patent Issued under US Pat 10,123,074

    EGLA commercializes Cloud-to-Cable platform and technology that merges the worlds of cloud and Cable TV.  Our founder filed for a patent in the US and Europe for the methods and system called: "Method, system, and apparatus for multimedia content delivery to cable tv and satellite operators " now protected under US Patent 10,123,074 that will be published and formally issued on November 6th, 2018. 

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  • Cloud to Cable TV – Soon to be Granted

    Cloud to Cable TV Patent – soon to be Granted

    A :”Notice of Allowance” was posted at the USPTO PAIR System indicating us that the patent will be issued soon. We are glad of this news and we will soon proceed to submit additional continuations and follow up with the European Patent Office on protections for Europe.

    The patent claims overs some important aspects of the invention and other claims will be submitted for consideration, as well as new patent applications that have not yet been out of our R&D environment.

    For a Whitepaper covering “CLOUD TO CABLE” What is Cloud to Cable TV – JUL 2018\

    Clout to Cable TV enables quick and easy distribution of media streams, or the creation of those that are ready to be broadcasted into Cable and Satellite systems as well as on the Web/Mobile and Smart TVs.

    have received a

  • Our Cloud to Cable Patent and Technology

    Cloud to Cable TV Patent and Technologies used for music, TV, and Video broadcasting in DVB Systems, MVPD, and MSOs ...
  • CLOUD TO CABLE – A Net-Neutrality Solution

    CLOUD to CABLE is a good alternative to Net Neutrality changes being made by the FCC, our patent-pending technology will connect your cloud with a Cable TV system and be able to broadcast and multicast content to your current subscribers with less bandwidth and minimum effort. ...