Patent Royalty Solutions LLC

Patent Royalty Solutions provides consulting services directed to the analysis, evaluation and elimination of erroneously granted United States patents for the purpose of reducing or eliminating your ongoing royalty obligations.  Our team is comprised of engineers and lawyers who have extensive experience in the requisite technical and legal assessment of patents directed to the fields of telecommunications, consumer electronics, semiconductor devices and manufacturing techniques as well as computer hardware and software.

Our primary focus is directed to the analysis of royalty bearing agreements and the underlying patent properties.  We perform a three step process which entails an initial review of the patent license agreement, a detailed technical examination of the subject patent(s) and finally, when appropriate, Patent Royalty Solutions will formally challenge the validity of the patent in the United States patent office.

We are so confident in our ability to succeed that we are willing to provide these services to your company at no initial cost whatsoever.  Our fee is exclusively based upon the successful challenge to the underlying patent or patents subject to the agreement.  If we are able to eliminate the patent(s) or achieve adequate reduction in patent claim coverage resulting in the reduction or elimination of your royalty expenses, our fee is determined to be a percentage of the reduction in royalty obligation.  If we are not successful, there is no fee for our services whatsoever.

Our typical fee arrangement is approximately 25-30% of the reduction in royalty obligation which is determined at the initial engagement, after we have performed a brief initial assessment of the underlying agreement and patent.  The net result is that you may be able to realize a 70% or more reduction in your royalty costs.

Members of our team have applied the techniques which we utilize to substantially reduce royalty demands made during patent license negotiations saving individual companies tens of millions of dollars.  We are now using these same techniques in helping you eliminate your ongoing royalty obligations.

Why Patent Royalty Solutions?

The simple answer to this question is that there is no practical rationale for not using our services.  We provide you with a sound economical and proven solution for dramatically reducing your royalty expenses at no additional cost to your company.  Your choices are simple - continue to pay under the agreement - or let us provide an independent evaluation of your agreement to see if we can succeed in eliminating the patent(s).

Once two parties have entered into a royalty bearing license agreement, the only way for the licensee to avoid the ongoing royalty obligation is to stop using the patented technology or to otherwise achieve elimination of the patent(s).  We undertake an initial evaluation of the license agreement and patent property in order to determine if we are willing to undertake a thorough detailed invalidity investigation for the purpose of eliminating the patent.  Your only other practical alternatives are to continue paying under the agreement or make an additional substantial investment in evaluating whether it is possible to eliminate the royalty obligation as we propose.

While you could theoretically eliminate the patent by litigating the matter in court, someone must provide the grounds for challenging the patent and litigation is a costly and uncertain process.  Patent infringement cases of even limited complexity can cost millions of dollars to prosecute or defend.

Patent Royalty Solutions provides the complete solutions for achieving the reduction or elimination of your royalty obligations.  We perform the necessary technical and legal analysis to ensure that there are adequate grounds for challenging the patent and we also handle the challenge to the patent.  All of these tasks are performed at no additional cost to your company.  We have an interest in eliminating your royalty obligation so you can be certain that we make our best efforts at achieving success.  We also provide an approach that can be used to attack the patent anonymously so that the challenge to the patent does not create an uncomfortable business environment.

The Process in Detail

- License Agreement Analysis

Our legal team performs an initial detailed review of the license agreement to ensure that the royalty obligations can be reduced or eliminated, however, certain types of royalty agreements may not be eliminated using our services.  Agreements which are not suitable for using our services include those requiring lump sum payments which are fixed at an agreed upon value set at the time of the agreement in exchange for the license without regard to future sales volume.  Furthermore, there are certain license agreements that are entered in settlement of litigation for which it would not be possible to eliminate future payment obligations.  We perform the requisite analysis in order to determine whether it is possible to eliminate your future payment obligations as we propose.

- Technical Review of the Patent Property

For each patent subject to the agreement, we perform a detailed analysis of the patent and prosecution history.  Once we have determined the relevant claim scope, we perform a thorough search of the pertinent technical literature to identify grounds for challenging the patent in order to confirm whether it is possible to eliminate the patent.  Through our research we have developed an extensive library of resources and tools for identifying patents which should not have been granted.  We have found this database of information to be extremely helpful in establishing the invalidity of a wide variety of patent properties resulting in net savings of tens of millions of dollars.

We know that you performed an evaluation of the matter when you made the decision to enter the license agreement.  Perhaps you are also aware that some of your competitors have also taken a license to the patents in questions.  We also understand that part of your decision to take a license is the uncertainty of litigating the matter in the federal courts.  We are not saying that your decision to enter into the agreement was wrong.  However, in our experience we have been able to establish invalidity of numerous patents where competitors of our clients have paid tens of millions of dollars in royalties.  We know that our approach is more thorough than that which is performed by many others.

- Challenging the Patent

Once we have identified the appropriate basis for invalidating the patent, we prepare and file the necessary documents formally requesting the reexamination of the patent in the United States patent office.  Usually this challenge is based on new prior art that the patent examiner did not locate during the initial review of the patent application.  If necessary or appropriate, we may file one or more formal requests in order to ensure that the Examiner has a full and complete understanding of the new prior art and how the information renders the claims of the patent invalid.  As noted, if you desire, we can make the filings anonymously so that your company is not specifically identified.