Defend Frequently Asked Questions

About Patexia

When was Patexia founded?

Patexia was founded in 2010 by Pedram Sameni.

What is Patexia’s mission?

Patexia is designed to bring efficiency and transparency to intellectual property. Powered by crowdsourcing, the Patexia community helps technology companies make better decisions regarding their patent portfolios and navigate the business risks associated with intellectual property.

Who makes up the Patexia team and community?

Patexia is a dedicated group of scientists, engineers, and attorneys working to achieve a more efficient and transparent IP industry. Supporting these efforts is a community of over 10,000 IP professionals, attorneys, professors, and subject matter experts from over 110 countries worldwide.

What is Patexia’s track record?

Over the course of several hundred crowdsourcing studies, Patexia has established a success rate of over 75% with respect to finding highly relevant prior art, based on direct client feedback.

 

About Defend

What is Patexia.Defend?

Patexia.Defend is a subscription-based program designed to leverage the power of crowdsourcing and an expert network to help reduce litigation costs for entities with numerous patent litigation and pre-litigation cases.

How is the program carried out?

Patexia.Defend involves the active monitoring of patent infringement threats and assertions in specific technology sectors, by crowdsourcing prior art using the established Patexia engine, and by filing for IPRs as the sole real party in interest.

How does Patexia choose which patents to study?

For each member, based on their lawsuit history and product lines, Patexia establishes a set of parameters to define which technology sectors are most important to that member. These guidelines are driven by IPC codes and description of coverage (such as for example, "flash memory"). Within each defined space, Patexia will have complete control of which patents to study and challenge (i.e. crowdsource and potentially file an IPR).

Will Patexia study a patent that has not been previously asserted?

Yes. From time to time Patexia will study a patent that not been asserted against any member company if it believes that there will a direct benefit for its member companies.

Is the program limited to patents owned by NPEs?

Patexia may study patents owned by operating companies as well as NPEs, provided that the patents do not belong to any other member company.

Will Patexia terminate or settle an IPR?

Patexia will consider terminating or settling an IPR provided that the threat against all member companies has been eliminated.

Will Patexia purchase patents?

No. Patexia will also not request additional funds from member companies to acquire patents.

What are the deliverables?

To each member company in a given technology sector, Patexia will deliver a complete crowdsourced prior art search report for every patent studied in that sector, regardless of whether an IPR is ultimately filed.

How is the program funded?

Patexia.Defend is funded through yearly membership fees.

How are membership fees calculated?

Membership fees are calculated as a function of a prospective member’s litigation history per specific technology sector and the projected trend in that sector. Member companies can buy-in to more than one technology sector as they deem appropriate.

 

Specifics

How does Patexia.Defend treat real party in interest?

Patexia will maintain sole discretion over which patents to study and challenge via IPR at all times. Membership to the program does not violate party in interest issues provided that no member company offers specific direction on patents to study or challenge via IPR.

How much control can each member company have?

In order for Patexia to be the sole real party in interest in an IPR, Patexia will maintain sole discretion throughout the entire process, including the decision to crowdsource any patent, the decision to file and IPR for any patent, retaining counsel for the IP, preparing the IPR petition, and prosecuting the IPR petition once it has been filed.

What type of communication is expected during the membership period?

Patexia will provide regular (e.g. monthly, or quarterly) updates on new assertions or threats experienced by each member company in their designated technology sector. Other than that, all communication will be one-sided, coming from Patexia in the form of crowdsourced prior art search reports and updates on any decisions to file IPRs.