M·CAM Releases Patently Obvious® on The Financial Uncertainties of Patent Rules Changes

Date:  Thu, 2015-03-19

CHARLOTTESVILLE, VA March 19, 2015- M·CAM released its Patently Obvious® on The Financial Uncertainties of Patent Rules Changes.

The Leahy-Smith America Invents Act, Public Law 112-29, provides a series of new post-grant challenges to patent validity and enforcement. A series of material rulings from the United States Supreme Court over the past five years that narrow the scope of patentable subject matter and expand the grounds of patent claims rejections for obviousness have directly impacted the patent approval process. Inter Partes Review, Covered Business Method patent review, and new methods of Post-Grant Review, which comprise new jurisdiction for the Patent Trial and Appeal Board (PTAB), are dramatically altering the allowance of patentable inventions in the United States.

One company that is attempting to capitalize on these new avenues for post-grant patent review is Dallas’ Hayman Capital Management. In February, The New York Times reported that the hedge fund is specifically targeting large pharmaceutical companies with a combined market capitalization of $450 billion for Inter Partes Review based on patent obviousness. Hayman founder Kyle Bass was quoted in a report by Reuters as saying that Hayman’s strategy is “”¦to challenge and invalidate patents through the IPR process … (and) we are not going to settle.”

Hayman and other investors seem to believe that pharmaceuticals are the industry most impacted by the changes to PTAB review provided for under the America Invents Act. M·CAM’s Patently Obvious report demonstrates that there is in fact a much broader set of impacts across a variety of sectors. M·CAM measures precisely which companies are being hit with patentability rejections and subsequently have adverse cashflow effects. These measurements demonstrate an unconsidered effect on markets which may be used to advantageously predict the reduction or loss of proprietary cashflows and erosion of competitive positions.

M·CAM’s Patently Obvious® is a report providing visibility into potentially unconsidered alternatives, including art in the public domain, to patent holdings across a variety of technology areas.

M·CAM is a global, full-service intellectual property and rights (IP&R) and intangible asset financial services firm. We provide the technical and financial systems that allow public and private markets to use IP&R and IA for regulated transactions in banking, securities, insurance, and public innovation investment and technology procurement. From our pioneering work in creating the world’s first standards-based innovation collateralization financial products for banking and securities to our work in grassroots innovator enablement and patent quality assurance programs, M·CAM provides the mechanism to balance the interests of public and commercial sectors to support and build thriving economies.

The M·CAM Patently Obvious® report on The Financial Uncertainties of Patent Rules Changes can be found HERE.