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Sr. Publication Article/News Report Featured Page no. Insight by/From no.

1 Qualcomm Leads Industry in IoT IOT Report 6 Patents

2 Qualcomm has the most IOT Report 7 valuable IoT patent portfolio

3 One company has a big edge in Rana Pratap 9 the ght to dominate the (Principal Consultant – Internet of Things Technology)

4 TiVo – Rovi Merger: Bolting for Rahul Vijh 10 Business (Director – Client Solutions)

5 5G will be compromised if the 5G Network 12 same old IPR models prevail Technology

Autonomous Cars – Patents and Rahul Vijh 13 6 (Director – Client Perspectives Solutions)

7 If you thought patents got ugly 5G Network 15 with LTE, just wait Technology Report until 5G

8 How Australia can cash in on the Network Security 17 cyber boom Report

9 5G Mobile Networks: The Next l Rana J Pratap 19 Big Battleground (Principal Consultant – Technology)

l Rahul Vijh (Director – Client Solutions)

10 Who is the king of wearable Rana Pratap 21 technology? The truth (Principal Consultant – was actually ... Technology)

11 Microsoft is leading the Rana J Pratap 23 wearable market…in patent (Principal Consultant – applications Technology)

12 Microsoft, Not Apple Or Rana J Pratap 24 Alphabet, Is Wearables King (Principal Consultant – … In Patents Technology) Continued

Sr. Publication Article/News Report Featured Page no. Insight by/From no.

13 Perspective: Everything is Mark Kerzner 26 Hackable (Chief Product Architect)

14 Apple Patent Trolls Like VirnetX l Rahul Vijh 29 May Target Wearables Next (Director – Client Solutions) l Rana J Pratap (Principal Consultant – Technology)

15 How to Kick Privileged Kaushal Jha 31 Information Out of Your (Manager – Litigation Solution) Production Set

16 Litigation Service Providers Nasir Ali 33 Share Their e-Discovery (Manager – Litigation Solution) Resolutions

17 Why Lawyers Should Care About Mark Kerzner 34 Big Data (Chief Product Architect)

18 Technological change may be a Kaushal Jha 37 predator for privilege claims in (Manager – Litigation litigation Solution)

19 5 Tips to Eectively Manage Nasir Ali 39 Privilege in E-Discovery (Manager – Litigation Solution)

20 Text Analytics, Big Data and Law Mark Kerzner 41 (Chief Product Architect)

21 8 tips for managing outsourced Kapil Bagai 44 projects (Manager Litigation Solution)

21 eDiscovery and the Internet of Mark Kerzner 46 Things (Chief Product Architect)

23 Internet Of Things: IoT Tech Abhi verma 48 Landscape and Rankings - New (Founder and Report Managing Director)

24 Qualcomm is rst to announce Wireless Power 50 wireless charging for metal Report smartphones and more Continued

Sr. Publication Article/News Report Featured Page no. Insight by/From no.

25 5 hurdles to Hadoop adoption Mark Kerzner 51 mrc (and how to fix them) (Chief Product Architect)

26 Social media: Transforming Big Vijayta Sharma 53 Data to Bigger Data, and Bigger (Manager – Litigation Discovery Challenges Solution)

27 Cisco tops list of security-related Network Security 54 patents Report

28 US dominates net-security Network Security 55 patents, China, Canada and Oz Report on the advance

29 Australia is world’s fourth- Network Security 56 largest holder of network- Report security patents, analysis finds

30 Mitigating Risks in Technology Kaushal Jha 57 Litigation (Manager – Litigation Solution)

31 Cisco holds broadest network Network Security 59 security patent portfolio, but Report loses in quality

32 Start Me Up! (Part 1): Indian Abhi Verma 60 Startup Scene in Silicon Valley (Founder and Managing Director)

33 Avago/Broadcom Create Patent Rana Pratap 62 Powerhouse (Principal Consultant – Technology)

34 Samsung, Qualcomm lead the Rana Pratap 64 charge in wireless power patent (Principal Consultant – activities Technology)

35 Xiaomi, China’s New Phone Aditya Awasthi 65 Giant, Takes Aim at World (Director - Client Services)

36 Why Altera’s Acquisition is a Rana Pratap 66 timely move by Intel (Principal Consultant – Technology) Continued

Sr. Publication Article/News Report Featured Page no. Insight by/From no.

37 The Chinese want to challenge Rana Pratap 68 Apple on its home turf (Principal Consultant – Technology)

38 Sony leads virtual reality patent Rana Pratap 69 race (Principal Consultant – Technology)

39 Who’s Winning the SSD Race? Rana Pratap 70 Ask the Patents (Principal Consultant – Technology)

40 EMC Extends Flash with XtremIO Rana Pratap 72 Upgrade (Principal Consultant – Technology)

41 Sony, Microsoft, Samsung Lead Virtual Reality 73 in Virtual-Reality Patents Report

42 Nokia Alcatel-Lucent deal would Aditya Awasthi 74 make a complementary patent (Director – Client portfolio Services)

43 Nokia Alcatel-Lucent deal would Aditya Awasthi 75 make a complementary patent (Director – Client portfolio Services)

44 Nokia Slips: An Alcatel Buy LexInnova 76 Makes Sense, What are the Research Team Synergies? Asks Street

45 For Google’s Nest, Future Still Up Nasir Ali 78 In Air (Manager – Litigation Solution)

46 Why Xiaomi Is Not Coming To Aditya Awasthi 79 America Anytime Soon: It Only (Director – Client Has 2 US Patents Services)

47 Patent Filings Reveal a Growing IoT Report 80 Interest in IoT by MeganFeatured Crouse (Report): IOT May 26, 2016 Qualcomm Leads Industry in IoT Patents

Qualcomm is the most proli c company when it comes to IoT inventions, holding a record number of patents for the Internet of Things, according to a report from LexInnova via Business Insider.

The telecommunications giant holds 724 patents Qualcomm’s IoT patents Business Insider has related to the Internet of are typically being further conducted their Things, including 157 that leveraged in chipsets, own study on the IoT, have been marked as including those used to predicting that the high-value. These communicate with number of devices high-value patents are connected medical connected to the Internet ones which are likely to be devices. The majority of will grow to 34 billion by involved in litigation, Qualcomm’s chipset sales 2020, tripling the 10 billion de ned as such because are in smartphones, but currently in use globally.

devices which aren’t with the global Story By: Megan Crouse considered to be useful are smartphone industry less likely to be copied. slowing down, the They’re followed by Intel, company may consider it with 688. In comparison, advantageous to expand Intel has fewer patents on its already $1 billion IoT the high end of segment. LexInnova’s patent strength scale, which LexInnova predicts that measures strength by control systems and patent quality and transportation are lifespan. particularly in demand when it comes to IoT, both Microsoft sits at an of which contribute to the interesting mid-point on connected car market. the scale, with high patent These areas are those in strength but only an which a large number of average patent lifespan. patents have been licensed. –(6)– by BIFeatured Intelligence (Report): IOT May 25, 2016

Insider's premium research The most comprehensive Qualcomm has the most valuable IoT patent service, have put together an breakdown of the benets essential report on the IoT that and drawbacks of mesh (e.g. portfolio explains the exciting present and ZigBee, Z-Wave, etc.), cellular the fascinating future of the (e.g. 3G/4G, Sigfox, etc.), and Qualcomm holds the most Internet of Things. It covers how internet (e.g. Wi-Fi, Ethernet, IoT-related patents right now, the IoT is being implemented etc.) networks and those patents have a very today, where the new sources of high value, according to a new opportunity will be tomorrow The important role analytics study by LexInnova, which and how 16 separate sectors of systems, including edge provides research and consulting the economy will be transformed analytics, cloud analytics, will on patent law. over the next 20 years. play in making the most of IoT investments The study found that Qualcomm The report gives a thorough holds 724 IoT-related patents, outlook on the future of the The sizable security just ahead of Intel’s 688.Chinese Internet of Things, including the challenges presented by the networking provider ZTE, which following big picture insights: IoT and how they can be came in third place, only has 351 overcome IoT patents. IoT devices connected to the Internet will more than triple The four powerful forces However, Qualcomm has 157 by 2020, from 10 billion to 34 driving IoT innovation, plus high-value patents related to IoT billion. IoT devices will the four dicult market technologies, far more than any account for 24 billion, while barriers to IoT adoption other company, according to traditional computing devices LexInnova’s analysis. LG had the global smartphone sales are of consumers, businesses, and (e.g. smartphones, tablets, Complete analysis of the likely second most high-value patents, slowing, and Qualcomm can governments to connect to and smartwatches, etc.) will future investment in the with 63, followed by Microsoft’s diversify its chip business by control everything around them. comprise 10 billion. critical IoT infrastructure: 50. LexInnova judges the value building up its IoT business, connectivity, security, data of di erent patents based on which made more than $1 billion Imagine “smart mirrors” that Nearly $6 trillion will be spent storage, system integration, how likely they are to be litigated in revenues last year, the allow you to digitally try on on IoT solutions over the next device hardware, and at some point, since patents that company reported. For right clothes. Assembly line sensors ve years. application development aren’t very valuable will likely now, technology suppliers that can detect even the smallest never be infringed on. including Qualcomm and Intel decrease in eciency and Businesses will be the top In-depth analysis of how the are working together to further determine when crucial adopter of IoT solutions IoT ecosystem will change For IoT-related patents, those develop IoT technologies like equipment needs to be repaired because they will use IoT to 1) and disrupt 16 di erent that pertain to collecting and interoperability standards or replaced. GPS-guided lower operating costs; 2) industries transmitting data from IoT because the sector is so nascent. agricultural equipment that can increase productivity; and 3) devices are the most valuable, Once the IoT market is more plant, fertilize, and harvest crops. expand to new markets or according to LexInnova’s mature, we may see more Fitness trackers that allow users develop new product analysis. Qualcomm holds a litigation between these to transmit data to their doctors. o erings. number of patents in this area companies over their respective for collecting and transmitting patents. It’s not science ction. This “next Governments will be the data from connected medical Industrial Revolution” is second-largest adopters, devices and other IoT device That maturity is coming as the happening as we speak. It’s so while consumers will be the categories. The technologies that IoT revolution picks up speed big that it could mean new group least transformed by Qualcomm has patented in this and when it does, it will change revenue streams for your the IoT. area are used in its chipsets for how we live, work, travel, company and new opportunities connecting IoT devices to the entertain, and more. for you. The only question is: Are And when you dig deep into the internet over di erent types of you fully up to speed on the IoT? report, you’ll get the whole story networks. From connected homes and in a clear, no-nonsense connected cars to smart After months of researching and presentation: Qualcomm's business is still buildings and transportation, reporting this exploding trend, heavily reliant on its chipset sales every aspect of our lives will be John Greenough and Jonathan The complex infrastructure of for smartphones. However, a ected by the increasing ability Camhi of BI Intelligence, Business the Internet of Things distilled into a single ecosystem –(7)– contd. by BIFeatured Intelligence (Report): IOT May 25, 2016

Insider's premium research The most comprehensive service, have put together an breakdown of the benets essential report on the IoT that and drawbacks of mesh (e.g. explains the exciting present and ZigBee, Z-Wave, etc.), cellular the fascinating future of the (e.g. 3G/4G, Sigfox, etc.), and Qualcomm holds the most Internet of Things. It covers how internet (e.g. Wi-Fi, Ethernet, IoT-related patents right now, the IoT is being implemented etc.) networks and those patents have a very today, where the new sources of high value, according to a new opportunity will be tomorrow The important role analytics study by LexInnova, which and how 16 separate sectors of systems, including edge provides research and consulting the economy will be transformed analytics, cloud analytics, will on patent law. over the next 20 years. play in making the most of IoT investments The study found that Qualcomm The report gives a thorough holds 724 IoT-related patents, outlook on the future of the The sizable security just ahead of Intel’s 688.Chinese Internet of Things, including the challenges presented by the networking provider ZTE, which following big picture insights: IoT and how they can be came in third place, only has 351 overcome IoT patents. IoT devices connected to the Internet will more than triple The four powerful forces However, Qualcomm has 157 by 2020, from 10 billion to 34 driving IoT innovation, plus high-value patents related to IoT billion. IoT devices will the four dicult market technologies, far more than any account for 24 billion, while barriers to IoT adoption other company, according to traditional computing devices LexInnova’s analysis. LG had the global smartphone sales are of consumers, businesses, and (e.g. smartphones, tablets, Complete analysis of the likely second most high-value patents, slowing, and Qualcomm can governments to connect to and smartwatches, etc.) will future investment in the with 63, followed by Microsoft’s diversify its chip business by control everything around them. comprise 10 billion. critical IoT infrastructure: 50. LexInnova judges the value building up its IoT business, connectivity, security, data of di erent patents based on which made more than $1 billion Imagine “smart mirrors” that Nearly $6 trillion will be spent storage, system integration, how likely they are to be litigated in revenues last year, the allow you to digitally try on on IoT solutions over the next device hardware, and at some point, since patents that company reported. For right clothes. Assembly line sensors ve years. application development aren’t very valuable will likely now, technology suppliers that can detect even the smallest never be infringed on. including Qualcomm and Intel decrease in eciency and Businesses will be the top In-depth analysis of how the are working together to further determine when crucial adopter of IoT solutions IoT ecosystem will change For IoT-related patents, those develop IoT technologies like equipment needs to be repaired because they will use IoT to 1) and disrupt 16 di erent that pertain to collecting and interoperability standards or replaced. GPS-guided lower operating costs; 2) industries because the sector is so nascent. agricultural equipment that can transmitting data from IoT increase productivity; and 3) Story By: BI Intelligence devices are the most valuable, Once the IoT market is more plant, fertilize, and harvest crops. expand to new markets or according to LexInnova’s mature, we may see more Fitness trackers that allow users develop new product analysis. Qualcomm holds a litigation between these to transmit data to their doctors. o erings. number of patents in this area companies over their respective for collecting and transmitting patents. It’s not science ction. This “next Governments will be the data from connected medical Industrial Revolution” is second-largest adopters, devices and other IoT device That maturity is coming as the happening as we speak. It’s so while consumers will be the categories. The technologies that IoT revolution picks up speed big that it could mean new group least transformed by Qualcomm has patented in this and when it does, it will change revenue streams for your the IoT. area are used in its chipsets for how we live, work, travel, company and new opportunities connecting IoT devices to the entertain, and more. for you. The only question is: Are And when you dig deep into the internet over di erent types of you fully up to speed on the IoT? report, you’ll get the whole story networks. From connected homes and in a clear, no-nonsense connected cars to smart After months of researching and presentation: Qualcomm's business is still buildings and transportation, reporting this exploding trend, heavily reliant on its chipset sales every aspect of our lives will be John Greenough and Jonathan The complex infrastructure of for smartphones. However, a ected by the increasing ability Camhi of BI Intelligence, Business the Internet of Things distilled into a single ecosystem –(8)– byFeatured Joon Ian Wong(Author): Rana J Pratap (Principal Consultant – Technology) 23 May, 2016 One company has a big edge in the ght to dominate the Internet of Things

Most of the innovation on the so-called Internet of Things is locked up in patents held by the companies that make the innards of sensors, routers, and other devices, according to a study by LexInnova, a consultancy.

The study finds that the companies with the greatest number of IoT patents globally are the chip-makers Qualcomm and Intel, followed by Chinese network-gear maker ZTE. Here’s In the meantime, however, it the breakdown: looks like both Intel and Qualcomm are content to grow the IoT pie. As chip-makers, they both benefit from a proliferation of new devices, and as smartphone growth slows, even Qualcomm’s dominance in the Where Qualcomm and Intel are mobile sector doesn’t guarantee neck and neck on absolute future growth. numbers of patents, Qualcomm has a significantly stronger That’s why they joined forces, patent portfolio, according to together with Microsoft, on a LexInnova’s research. This might new standards group in February to ensure that all those But not all patents are created be a major problem for Intel, connected cars, watches, equal. Only 1.5% of all patents which has staked its future on thermostats, and fridges actually are litigated, according to a IoT. Brian Krzanich, its chief end up working together. Those seminal 2000 paper on the executive, called the company’s war-chests of patents will come subject by Mark Lemley, a law IoT group a “primary growth into play later, when the low professor at Stanford. That engine” in his 2015 shareholder’s hanging-fruit from the Internet suggests only a sliver of patents letter. It reported revenue of of Things has been harvested. are worth the cost of enforcing. $651 million for its IoT group for Lemley and three other the first quarter of 2016, 22% Story By: Joon Ian Wong co-authors devised a system to higher than the previous year. sift through patents and find the Qualcomm doesn’t report most valuable ones. numbers for its IoT products, although it said last year that it LexInnova applied this system to made $1 billion in revenue from the IoT patents to show which chips used in smart homes, city companies had the strongest infrastructure, cars, and portfolio: wearables. –(9)– byFeatured Rahul Vijh (Author): Rahul Vijh (Director - Client Solutions) 5 May, 2016

of Rovi’s patents get invalidated.

TiVo – Rovi Merger: Bolting for Business TiVo has been very active in filling patents on data acquisition and data processing; which would come in Last week Rovi Corporation formally highly successful and widely licensed handy for Rovi’s media guides to announced it was acquiring TiVo for $1.1 expires in 2018, along with various improve on. The average strength of billion, confirming anticipations set other key patents. According to reports, TiVo’s patents in certain domains like alight by the New York Times when it TiVo would see a significant decline in recommendations and filtering reported the two companies are in close licensing royalties in 2019 and might relevant results could be directly acquisition talks. become completely unprofitable applicable to OTT providers. TiVo also unless they bring in new innovation or has strong patents in security, data Prior to the announcement last week, partnerships. TiVo has not tried out its processing and which will be valuable both companies had maintained a “no more recent patents in a court of law to Rovi in pursuing licensing deals with comments” stance feeding into general and thus their potential value cannot Amazon, Hulu and Netflix. doubt among industry experts. Indeed, be gauged. TiVo had previously rejected interests TiVo’s Bolt is sleek looking product and from bigger players such as Google, TiVo’s long time CEO Tom Rogers quit has received generally positive reviews Microsoft and Apple, and by all means it in January 2016 and TiVo has been from users. The Bolt could also possibly risked endangering its hardware unit. An without a CEO ever since. The stock fit into Rovi’s strategy by licensing out acquisition by Rovi at this juncture price decreased to a little over $7.50 in the product altogether and let other sounded counter-intuitive to most. mid-march this year; down from over DVR manufacturers help improve their industry altogether, TiVo is currently $11.50 around the same time last year. products. Yet, the acquisition did come to pass – going through a very uncertain phase. Things really haven’t been looking very and in short hindsight it appears to be The graph below shows Netflix’s bright for TiVo and an acquisition really Yet another advantage of merging with well placed strategically. There is meteoric growth rate over the past few did seem like the best course. TiVo is that it directly gains access to precedent of course to Rovi acquiring a years. Note that the latest TiVo Bolt can TiVo’s 10 million subscribers (in company focused on its hardware record from online streaming sites like So, what’s in it for Rovi? addition to Rovi’s own 18 million) business. In November 2014, Rovi Netflix or even YouTube for offline where they can incorporate their acquired FanTv (Then Fanhattan) after viewing, and comes with a storage space Rovi will be looking to add about 1100 revamped media guides. the company struggled to sell set-top of up to 1Tb. But with greater availability patents that TiVo currently owns and boxes despite a lucrative deal with Time of high speed internet and greater strengthen its portfolio of over 10,000. Overall, we can infer from the graphs Warner. Although Rovi executives availability of content-on-demand Rovi generates over 27% of its income that Tivo has patents filed in the same seemed committed to FanTv’s hardware services, the recording feature of the by licensing it’s IP to prominent cable domains as Rovi, and by going ahead at the time, this stance changed soon TiVO Bolt continues to have diminished TV providers. A great chunk of Rovi’s with the merger Rovi not only after, with Rovi CEO Peter Halt publicly utility for the average customer. eliminates a competitor but also saying “We are not in, and don’t want to emerges stronger as it will have a 70% be in, a business that’s dependent upon stake in the new entity plus have more any relationship with the hardware innovation in its war chest. provider.” Shortly after, Rovi sold FanTv’s guides to TV operators all over the world Whether Rovi uses that war chest to and has since then bolstered the attack competition (which becomes software team. According to market harder or easier as the anti-software analysts and users of TiVo alike, this is patent pendulum continues to swing), the expected trajectory for TiVo as well. or to further refine the Bolt and Rovi’s own media guides or both – the After fighting to maintain its brand acquisition does spell positive for both identity all these years, why is TiVo really companies and their stakeholders. agreeing to a deal right now?

A look at the performance of TiVo over the past few years and the company’s current situation reveals a few answers. Being squeezed by cable companies TiVo’s 99 problems don’t end with just income also comes from litigating who provide consumers with their own cutthroat competition. Their prized against other players infringing on its DVRs as part of a bundle, and US6233389 patent relating to a patents. Though, the last couple of furthermore by companies like Netflix “Multimedia Time warping system” for years have been rough for plaintiffs who let users directly stream their allowing users to replay, speed up or and Rovi was no exception. A patent content; thereby avoiding the cable slow down recorded video, though infringement case against Netflix saw 5 –(10)– contd. byFeatured Rahul Vijh (Author): Rahul Vijh (Director - Client Solutions) 5 May, 2016

of Rovi’s patents get invalidated.

TiVo has been very active in filling patents on data acquisition and data processing; which would come in Last week Rovi Corporation formally highly successful and widely licensed handy for Rovi’s media guides to announced it was acquiring TiVo for $1.1 expires in 2018, along with various improve on. The average strength of billion, confirming anticipations set other key patents. According to reports, TiVo’s patents in certain domains like alight by the New York Times when it TiVo would see a significant decline in recommendations and filtering reported the two companies are in close licensing royalties in 2019 and might relevant results could be directly acquisition talks. become completely unprofitable applicable to OTT providers. TiVo also unless they bring in new innovation or has strong patents in security, data Prior to the announcement last week, partnerships. TiVo has not tried out its processing and which will be valuable both companies had maintained a “no more recent patents in a court of law to Rovi in pursuing licensing deals with comments” stance feeding into general and thus their potential value cannot Amazon, Hulu and Netflix. doubt among industry experts. Indeed, be gauged. TiVo had previously rejected interests TiVo’s Bolt is sleek looking product and from bigger players such as Google, TiVo’s long time CEO Tom Rogers quit has received generally positive reviews Microsoft and Apple, and by all means it in January 2016 and TiVo has been from users. The Bolt could also possibly risked endangering its hardware unit. An without a CEO ever since. The stock fit into Rovi’s strategy by licensing out acquisition by Rovi at this juncture price decreased to a little over $7.50 in the product altogether and let other sounded counter-intuitive to most. mid-march this year; down from over DVR manufacturers help improve their industry altogether, TiVo is currently $11.50 around the same time last year. products. Yet, the acquisition did come to pass – going through a very uncertain phase. Things really haven’t been looking very and in short hindsight it appears to be The graph below shows Netflix’s bright for TiVo and an acquisition really Yet another advantage of merging with well placed strategically. There is meteoric growth rate over the past few did seem like the best course. TiVo is that it directly gains access to precedent of course to Rovi acquiring a years. Note that the latest TiVo Bolt can TiVo’s 10 million subscribers (in company focused on its hardware record from online streaming sites like So, what’s in it for Rovi? addition to Rovi’s own 18 million) business. In November 2014, Rovi Netflix or even YouTube for offline where they can incorporate their acquired FanTv (Then Fanhattan) after viewing, and comes with a storage space Rovi will be looking to add about 1100 revamped media guides. the company struggled to sell set-top of up to 1Tb. But with greater availability patents that TiVo currently owns and boxes despite a lucrative deal with Time of high speed internet and greater strengthen its portfolio of over 10,000. Overall, we can infer from the graphs Warner. Although Rovi executives availability of content-on-demand Rovi generates over 27% of its income that Tivo has patents filed in the same seemed committed to FanTv’s hardware services, the recording feature of the by licensing it’s IP to prominent cable domains as Rovi, and by going ahead at the time, this stance changed soon TiVO Bolt continues to have diminished TV providers. A great chunk of Rovi’s with the merger Rovi not only after, with Rovi CEO Peter Halt publicly utility for the average customer. eliminates a competitor but also saying “We are not in, and don’t want to emerges stronger as it will have a 70% be in, a business that’s dependent upon stake in the new entity plus have more any relationship with the hardware innovation in its war chest. provider.” Shortly after, Rovi sold FanTv’s guides to TV operators all over the world Whether Rovi uses that war chest to and has since then bolstered the attack competition (which becomes software team. According to market harder or easier as the anti-software analysts and users of TiVo alike, this is patent pendulum continues to swing), the expected trajectory for TiVo as well. or to further refine the Bolt and Rovi’s own media guides or both – the After fighting to maintain its brand acquisition does spell positive for both identity all these years, why is TiVo really companies and their stakeholders. agreeing to a deal right now? Story By: Rahul Vijh A look at the performance of TiVo over the past few years and the company’s current situation reveals a few answers. Being squeezed by cable companies TiVo’s 99 problems don’t end with just income also comes from litigating who provide consumers with their own cutthroat competition. Their prized against other players infringing on its DVRs as part of a bundle, and US6233389 patent relating to a patents. Though, the last couple of furthermore by companies like Netflix “Multimedia Time warping system” for years have been rough for plaintiffs who let users directly stream their allowing users to replay, speed up or and Rovi was no exception. A patent content; thereby avoiding the cable slow down recorded video, though infringement case against Netflix saw 5 –(11)– By CarolineFeatured Gabriel (Report): 5G Network Technology April 8, 2016 5G will be compromised if the same old IPR models prevail

When LTE was on the horizon, it was expected to change at last. But in a royalties, because they will have supposed to mark the dawn of a report compiled by Intel’s associate more to trade; that there will be new era in the way fundamental general counsel Ann Armstrong, it is a greater role for non-practicing mobile technology patents are calculated that for a $400 handset, entities ( rms which have licensed. The secretive bilateral royalty payments exceed $120, and patents which are separate deals between the handful of the ratio will get worse in 5G. The from products), such as companies which had contributed biggest ticket items are the mobile InterDigital and, these days, most to the 2G, 3G and CDMA baseband and the WiFi chip, at Nokia; and that there will be a modem standards would be over, about $50 each. far greater role for Intel. and the mobile industry would look more like WiFi, with new In one of the rst analyses of the In the RAN area, the report transparent licensing schemes and likely patent situation in 5G highlights high frequency radios, a reduction in the IPR cost burden standards, technology law rm above 10 GHz, and on device makers. LexInnova predicts that there will beamsteeering/beamforming as be even ercer competition than ripe areas for would-be IP giants, That didn’t happen of course. The before to provide SEP for 5G, since with the traditional players all strings of lawsuits which have taken “being just a mobile component or expected to remain strong here. place around LTE technologies, and technology service vendor oers the endless disputes about how limited revenue and pro tability. For modulation schemes, there standards-essential patents (SEP) IP licensing is much more will be particular opportunities should be licensed fairly, have led pro table.” in non-orthogonal transmission to very little change in the schemes such as FBMC, GFDM companies which control the core Yet LexInnova’s predictions of the and UFMC – traditionally technologies, or the way they companies which will be Qualcomm has been the negotiate with one another. The prominent in the IPR landscape dominant patent force in this cost of licensing modem patents mainly focus on the same old category. becomes an increasingly divisive names – in the RAN, modulation issue as handset makers come and core network areas, it singles The core network is more up for under pressure to reduce prices, out Qualcomm (though with less grabs especially with and therefore their bills of material dominance than in previous virtualization and SDN coming (BOMs); and as the modem generations), Ericsson, Fujitsu, into play, so that specialists in becomes an increasingly small part InterDigital and Nokia, all techniques like access link of the total IPR of a mobile device. stalwarts of the 3GPP SEP game in integration, SON, inter-node Owners of patents on user the past. Intel and Cisco represent coordination and context aware interfaces, operating systems, the newer breed of IT/IP networks will be in a strong screens and so on can be as litigious companies starting to drive position. Even here, though, as the SEP giants, and there seem to cellular R&D too, and BlackBerry LexInnova mainly puts its bets be never-ending fees for companies and Headwater Partners are also on the usual suspects – Nokia, trying to balance the exploding listed. Qualcomm, Cisco, Intel and feature count of smartphones with Ericsson head the list, plus their falling prices. Oddly, the Chinese vendors, which non-practicing entity have been investing heavily in 5G Headwater Partners. With 5G expected to be a very R&D and in mobile patents, are not di erent sort of platform to its named among the projected predecessors – more evolutionary, leaders. But LexInnova picks out more software-driven, more some important trends – that inclusive of a wide variety of major handset makers like Apple connections and device types – the will secure a better IPR position in licensing status quo might be order to reduce their own

–(12)– By RahulFeatured Vijh (Author): Rahul Vijh (Director - Client Solutions) April 7, 2016

Systems have the highest number of The list of top 20 assignees is dominated patents/patent applications lings, by automobile manufacturers like followed by Braking Control Mechanism Toyota, Nissan, and Volkswagen. Autonomous Cars – Patents and Perspectives and Communication Systems. Media and Automobile suppliers like Robert Bosch, Sonar Systems have the least number of Valeo SA and Mando Corporation also patent lings with only 396 and 597 have a signi cant number of patents in The recent Model 3 announcement by Tesla automated. For example, assisted braking or patents/patent applications respectively. the areas of signaling and steering took the industry by storm and saw Tesla stability control. systems. collecting a whopping $276 million in preorders in a matter of days. In focus in Level 2 – Combined Function Automation: Alphabet (Google) which has been particular was the autopilot features on the At least two of the control systems are spearheading autonomous cars holds new Tesla car – which meant that automated in unison. For Example adaptive 238 patents/patent applications, Autonomous Cars (a.k.a. driverless cars or cruise control with lane centering. majority of which are in V2V and V2I self-driven cars) are nally breaching the communications hinting that Google line between concept and mainstream. Level 3 – Limited Self Driving will rely on the same “leading from Automation: All the critical systems like behind” approach with autonomous cars We have seen autonomous cars coming for viable yet. Since then, research has steering, brakes and throttle are automated. that it followed with Android OS for the years now. Google has been testing progressed at considerate pace – with most The car monitors conditions to require a smartphone industry. Tesla is also extensively its self-driving car technology car manufacturers, technology companies, transition back to driver control. expected to play an important role in under the “Google X” project since 2012 more universities like Carnegie Mellon The number of application lings has this space, but in terms of patents with overwhelmingly positive results. University and even DARPA, making Level 4: Full Self Driving Automation: All constantly increased from 1995 to today owned already, does not gure in this Google’s autonomous cars have driven well signi cant advances. systems are fully automated requiring no – with some deceleration in 2009 due to top 20 list. over 1 million miles (equivalent to 75 years human intervention. the economic recession of 2008-09 of U.S. adult driving) with 15 accidents – The world’s largest automotive supplier by when a majority of the automobile Despite the small portfolio size, Tesla oft with only 1 accident being the car’s fault. sales, Robert Bosch, collaborated with the The current decade will prove makers saw cash ows dwindle. The shares spotlight with Google – and has This one accident, in February 2016, the second-largest high-de nition mapping transformational for autonomous cars. graph shows a dip after 2013 as many of announced that the new Model 3 cars self-driving car attempted to avoid company by sales, TomTom to ensure Toyota’s aptly named Highway Teammate the applications led haven’t been shipping in 2017 will be able to run in sandbags blocking its path and struck a continuous ow of high de nition mapping and Nissan’s Level 3 cars are expected to be published yet but we can assume that ‘Autopilot’ mode at least on freeways bus. Ironically, shortly thereafter, Google data. TomTom’s maps are already being used launched into commercial market by 2020 – the number of lings in 2015 will cross and to “Summon” itself out of its parking was granted a patent on detecting buses by in cars being tested by Bosch on highways in but we might see Level 4 cars entering the 2500 mark and the positive growth spot. But that’s not just why Tesla is autonomous cars (of course, the patent had the U.S and Germany. Bosch will use its mainstream even before that – with Google in this technology would continue. dangerous for competition. Tesla’s been led back in March 2014). engineering expertise to help make TomTom’s leading the way. The industry on the whole product seems to be the most advanced maps more accurate and work seamlessly is expected to hit 10 million vehicles on the commercially-viable implementation of Fueled by Google’s example, several other with data produced real time by the car using road by end of 2020 – that’s a Compound autonomous car technology – seeing car manufacturers and technology sensors. Universities have stepped up as well annual growth rate of 134%. how the Model 3 is only expected to companies have also been actively to collaborate with various automakers and cost $35,000, which means the heat is developing the technology and trying to technology companies to accelerate the Autonomous technology is also expected to really on for the other larger traditional commercialize the concept. Apple, Baidu, research. expand beyond personal vehicles to public automobile players (and also on Google Toyota, Robert Bosch and Nissan have all transportation. Local governments in many and Apple) to commercialize their own dedicated resources and signi cant One of the leading research units in the eld, metropolitan cities are aiming towards autonomous car technology, and make investments to build upon the Carnegie-Mellon University had announced a automated transit systems to de-congest Looking at total patent ownership, as it accessible to regular consumers, development. General Motors’ $500 million collaborative research lab with General their cities in an eective manner. The rst shown in the image below, Toyota, before Tesla takes the road from beneath investment into Lyft is seen by most experts Motors back in 2008. Carnegie-Mellon later buses of this kind will be introduced in Robert Bosch and Nissan have the most their wheels. as groundwork for an autonomous ride also announced a collaboration with Uber on Switzerland in 2016. The Chinese bus patents relevant to autonomous cars sharing network. researching autonomous taxi Infrastructure company, Yutong is running similar trials with 3110, 2665, and 1169 patents and for major cities. Toyota has also identi ed the and is expected to open services to public in applications respectively. Though eorts have escalated signi cantly importance of universities and provided a near future. Volkswagen-Porsche (1140) has strong a in the last ve years, autonomous cars are combined funding of $50 million to MIT and portfolio in signaling and collision not a new concept. Initial research can be Stanford. In a similar vein, the Engineering The graph below predicts the amount of responsive systems while Daimler (961) traced back all the way to the 1920s when and Physical Sciences Research Council sales by level of penetration of autonomous has a strong portfolio in Collision Houdina Radio Control demonstrated a (EPSRC) and Jaguar Land Rover have jointly cars into the automotive industry. Studies Responsive Systems, Collision Detection radio controlled car in front of the New York invested up to €11 million into a project such as one by VTPI.org estimates that by and Pedestrian Safety Systems. public. In 1939, Futurama depicted cars across 10 UK universities which will work at 2070, every car being bought will have Mitsubishi (231) has so far concentrated which could use embedded systems in and least in part to further research on Autonomous technology installed as a on signaling and Vehicle Steering under roadways to guide themselves. Later, autonomous cars. primary requirement. Systems, while Panasonic (220) has during the 1960s, several universities patents on Vehicle Steering and started active research on autonomous cars Taking head of the imminent future, in May Passenger Safety Systems. technology with The Ohio State University 2013, the National Highway Trac Safety and Stanford University being pioneers, Administration (NHTSA) classi ed though almost all the research at the time autonomous cars into ve levels based on was focused on modifying roadways to autonomous capabilities, which provides us a guide autonomous cars. The 1980s saw the basic framework for pinning technological change of focus from modifying road drift on a scale. systems to improving cars to be As with any new emerging technology, autonomous irrespective of road Level 0 – No Automation: Driver controls all focus also shifts to patents and patent conditions. Mercedes-Benz demonstrated a the functions of the car. No Automation. robotic van that could run in busy city ownership trends on that technology. Research shows that technologies such as streets, making autonomous technology a Level 1 – Function Speci c Automation: Adaptive Cruise Control and Anti-Collision distinct reality, albeit not commercially One or more speci c control systems are

–(13)– Contd. By RahulFeatured Vijh (Author): Rahul Vijh (Director - Client Solutions) April 7, 2016

Systems have the highest number of The list of top 20 assignees is dominated patents/patent applications lings, by automobile manufacturers like followed by Braking Control Mechanism Toyota, Nissan, and Volkswagen. and Communication Systems. Media and Automobile suppliers like Robert Bosch, Sonar Systems have the least number of Valeo SA and Mando Corporation also patent lings with only 396 and 597 have a signi cant number of patents in The recent Model 3 announcement by Tesla automated. For example, assisted braking or patents/patent applications respectively. the areas of signaling and steering took the industry by storm and saw Tesla stability control. systems. collecting a whopping $276 million in preorders in a matter of days. In focus in Level 2 – Combined Function Automation: Alphabet (Google) which has been particular was the autopilot features on the At least two of the control systems are spearheading autonomous cars holds new Tesla car – which meant that automated in unison. For Example adaptive 238 patents/patent applications, Autonomous Cars (a.k.a. driverless cars or cruise control with lane centering. majority of which are in V2V and V2I self-driven cars) are nally breaching the communications hinting that Google line between concept and mainstream. Level 3 – Limited Self Driving will rely on the same “leading from Automation: All the critical systems like behind” approach with autonomous cars We have seen autonomous cars coming for viable yet. Since then, research has steering, brakes and throttle are automated. that it followed with Android OS for the years now. Google has been testing progressed at considerate pace – with most The car monitors conditions to require a smartphone industry. Tesla is also extensively its self-driving car technology car manufacturers, technology companies, transition back to driver control. expected to play an important role in under the “Google X” project since 2012 more universities like Carnegie Mellon The number of application lings has this space, but in terms of patents with overwhelmingly positive results. University and even DARPA, making Level 4: Full Self Driving Automation: All constantly increased from 1995 to today owned already, does not gure in this Google’s autonomous cars have driven well signi cant advances. systems are fully automated requiring no – with some deceleration in 2009 due to top 20 list. over 1 million miles (equivalent to 75 years human intervention. the economic recession of 2008-09 of U.S. adult driving) with 15 accidents – The world’s largest automotive supplier by when a majority of the automobile Despite the small portfolio size, Tesla oft with only 1 accident being the car’s fault. sales, Robert Bosch, collaborated with the The current decade will prove makers saw cash ows dwindle. The shares spotlight with Google – and has This one accident, in February 2016, the second-largest high-de nition mapping transformational for autonomous cars. graph shows a dip after 2013 as many of announced that the new Model 3 cars self-driving car attempted to avoid company by sales, TomTom to ensure Toyota’s aptly named Highway Teammate the applications led haven’t been shipping in 2017 will be able to run in sandbags blocking its path and struck a continuous ow of high de nition mapping and Nissan’s Level 3 cars are expected to be published yet but we can assume that ‘Autopilot’ mode at least on freeways bus. Ironically, shortly thereafter, Google data. TomTom’s maps are already being used launched into commercial market by 2020 – the number of lings in 2015 will cross and to “Summon” itself out of its parking was granted a patent on detecting buses by in cars being tested by Bosch on highways in but we might see Level 4 cars entering the 2500 mark and the positive growth spot. But that’s not just why Tesla is autonomous cars (of course, the patent had the U.S and Germany. Bosch will use its mainstream even before that – with Google in this technology would continue. dangerous for competition. Tesla’s been led back in March 2014). engineering expertise to help make TomTom’s leading the way. The industry on the whole product seems to be the most advanced maps more accurate and work seamlessly is expected to hit 10 million vehicles on the commercially-viable implementation of Fueled by Google’s example, several other with data produced real time by the car using road by end of 2020 – that’s a Compound autonomous car technology – seeing car manufacturers and technology sensors. Universities have stepped up as well annual growth rate of 134%. how the Model 3 is only expected to companies have also been actively to collaborate with various automakers and cost $35,000, which means the heat is developing the technology and trying to technology companies to accelerate the Autonomous technology is also expected to really on for the other larger traditional commercialize the concept. Apple, Baidu, research. expand beyond personal vehicles to public automobile players (and also on Google Toyota, Robert Bosch and Nissan have all transportation. Local governments in many and Apple) to commercialize their own dedicated resources and signi cant One of the leading research units in the eld, metropolitan cities are aiming towards autonomous car technology, and make investments to build upon the Carnegie-Mellon University had announced a automated transit systems to de-congest Looking at total patent ownership, as it accessible to regular consumers, development. General Motors’ $500 million collaborative research lab with General their cities in an eective manner. The rst shown in the image below, Toyota, before Tesla takes the road from beneath investment into Lyft is seen by most experts Motors back in 2008. Carnegie-Mellon later buses of this kind will be introduced in Robert Bosch and Nissan have the most their wheels. as groundwork for an autonomous ride also announced a collaboration with Uber on Switzerland in 2016. The Chinese bus patents relevant to autonomous cars sharing network. researching autonomous taxi Infrastructure company, Yutong is running similar trials with 3110, 2665, and 1169 patents and Story By: Rahul Vijh for major cities. Toyota has also identi ed the and is expected to open services to public in applications respectively. Though eorts have escalated signi cantly importance of universities and provided a near future. Volkswagen-Porsche (1140) has strong a in the last ve years, autonomous cars are combined funding of $50 million to MIT and portfolio in signaling and collision not a new concept. Initial research can be Stanford. In a similar vein, the Engineering The graph below predicts the amount of responsive systems while Daimler (961) traced back all the way to the 1920s when and Physical Sciences Research Council sales by level of penetration of autonomous has a strong portfolio in Collision Houdina Radio Control demonstrated a (EPSRC) and Jaguar Land Rover have jointly cars into the automotive industry. Studies Responsive Systems, Collision Detection radio controlled car in front of the New York invested up to €11 million into a project such as one by VTPI.org estimates that by and Pedestrian Safety Systems. public. In 1939, Futurama depicted cars across 10 UK universities which will work at 2070, every car being bought will have Mitsubishi (231) has so far concentrated which could use embedded systems in and least in part to further research on Autonomous technology installed as a on signaling and Vehicle Steering under roadways to guide themselves. Later, autonomous cars. primary requirement. Systems, while Panasonic (220) has during the 1960s, several universities patents on Vehicle Steering and started active research on autonomous cars Taking head of the imminent future, in May Passenger Safety Systems. technology with The Ohio State University 2013, the National Highway Trac Safety and Stanford University being pioneers, Administration (NHTSA) classi ed though almost all the research at the time autonomous cars into ve levels based on was focused on modifying roadways to autonomous capabilities, which provides us a guide autonomous cars. The 1980s saw the basic framework for pinning technological change of focus from modifying road drift on a scale. systems to improving cars to be As with any new emerging technology, autonomous irrespective of road Level 0 – No Automation: Driver controls all focus also shifts to patents and patent conditions. Mercedes-Benz demonstrated a the functions of the car. No Automation. robotic van that could run in busy city ownership trends on that technology. Research shows that technologies such as streets, making autonomous technology a Level 1 – Function Speci c Automation: Adaptive Cruise Control and Anti-Collision distinct reality, albeit not commercially One or more speci c control systems are

–(14)– By GuyFeatured Daniels (Report): 5G Network Technology April 1, 2016 If you thought patents got ugly with LTE, just wait LexInnova classi es the 5G smart networking network into three technologies such as higher until 5G components for analysis Inter-Node Coordination and purposes: backhaul, as well as Access Top players in 5G IPR Link Integration to improve revealed in new report Wireless Radio Front network data throughout and End/Radio Access Network eciency. The network control Qualcomm, Nokia and will require Self Organising Ericsson face competition Modulation/Waveforms Network (SON) technology, from other vendors and Context Aware Networking NPEs Core Packet Networking and Information Centric Technologies Networking. There will be Intel says a $400 increased cellular and WiFi smartphone incurs $120 in With regards the RAN and network interworking and IP royalties wireless front end, short-range device-to-device technologies ripe for an IP communication. Nokia, The number of legal patent grab are centimetre wave Qualcomm, Cisco, Intel and disputes around 3G and LTE, (10GHz-30GHz) and millimetre Ericsson are in top six of many of which are still ongoing, wave (30GHz-300GHz) radio, LexInnova’s list, along with chart © TTV, data © LexInnova shows the immense value of beam steering or NPE Headwater Partners. patents and IPRs in the LexInnova has published analysis oers limited revenue and beamforming techniques, and competitive telecoms sector. on the likely patent landscape for pro tability. IP licensing is much massive MIMO. As the graph The number of patents and No matter how much we may 5G and nds that while early more pro table as it doesn’t above shows, Nokia, Ericsson key underlying technologies all like this unpleasantness to analysis shows that Qualcomm require excess manufacturing and and Qualcomm all rank in the for 5G mobile networks will go away, you can be sure it will still be the IP leader, it may operations costs needed for top ve, with Interdigital evolve signi cantly within won’t, and that the arrival of 5G be not as dominant as in LTE. Last component design and mobile expected to generate further next ve years, and so much with its associated new year, Qualcomm reportedly services.” licensing activity. will depend on what technologies and processes will made $8bn in revenue from IP technologies are chosen to only compound the issue. If you royalty payments. Microsoft is Potential 5G IPR royalty revenue Modulation schemes are used form the 3GPP-led network want to be competitive in 5G, estimated to have made more with baseband processors of a standard for 5G and the ITU’s then you had best make sure than $2bn in just Android LexInnova says 5G mobile mobile system. 5G will require IMT-2020 radio access you have a stockpile of IPRs and licensing revenue in 2015, and technologies royalty revenues are non-orthogonal transmission technology. The race is on, and patents at your disposal. the mobile licensing revenues of expected to be more distributed schemes, rather than the the prize is substantial. Ericsson and Nokia both among companies than LTE due to OFDM of LTE-Advanced. Some For example, a recent academic approached $1bn in the year. hybrid nature of technologies schemes under consideration paper by Intel’s associate involved. There will also likely be include Filter-Bank general counsel Ann Armstrong LexInnova says it undertook its more NPEs (non-practicing Multi-Carrier (FBMC) concludes that for a $400 study “to provide early entities, such as InterDigital) in transmission, Universal Android or Windows knowledge to in-house IP amongst the leading assignees, Filtered Multi-Carrier (UFMC) smartphone, the royalty counsels, enabling them to which would also mean a greater transmission and Generalised payments alone total in excess devise strategies for IP level of licensing and litigation Frequency-Division of $120, which is almost equal management for 5G. This will activity. Meanwhile, handset Multiplexing (GFDM). to the cost of device’s allow companies involved in manufacturers such as Apple and Qualcomm is by far the components. The largest two application and services for Samsung are also working on 5G leading patent holder in this items are the cellular baseband mobile commerce to develop IP development (especially on area, but faces stronger and the WiFi chip, each costing intellectual property and partner baseband processors) in order to competition in 5G. about $50 in royalty payments. with companies in order to minimise IP licensing costs, and This is serious money (and minimise licensing cost and Intel is expected to make far Finally, with regards core justi cation, if it was ever maximise licensing revenue.” greater inroads in 5G than it networking technologies, needed, of Intel’s early managed with LTE. We should also Network function commitment to 5G R&D). As the LexInnova report states: see more cross-licensing virtualisation (NFV) and “Being just a mobile component agreements with 5G. software de ned networks Technology-focused law rm or technology service vendor (SDN) sit at the heart of 5G architectures, together with Contd. –(15)– By GuyFeatured Daniels (Report): 5G Network Technology April 1, 2016

LexInnova classi es the 5G smart networking network into three technologies such as higher components for analysis Inter-Node Coordination and purposes: backhaul, as well as Access Top players in 5G IPR Link Integration to improve revealed in new report Wireless Radio Front network data throughout and End/Radio Access Network eciency. The network control Qualcomm, Nokia and will require Self Organising Ericsson face competition Modulation/Waveforms Network (SON) technology, from other vendors and Context Aware Networking NPEs Core Packet Networking and Information Centric Technologies Networking. There will be Intel says a $400 increased cellular and WiFi smartphone incurs $120 in With regards the RAN and network interworking and IP royalties wireless front end, short-range device-to-device technologies ripe for an IP communication. Nokia, The number of legal patent grab are centimetre wave Qualcomm, Cisco, Intel and disputes around 3G and LTE, (10GHz-30GHz) and millimetre Ericsson are in top six of many of which are still ongoing, wave (30GHz-300GHz) radio, LexInnova’s list, along with shows the immense value of beam steering or NPE Headwater Partners. patents and IPRs in the LexInnova has published analysis oers limited revenue and beamforming techniques, and competitive telecoms sector. on the likely patent landscape for pro tability. IP licensing is much massive MIMO. As the graph The number of patents and No matter how much we may 5G and nds that while early more pro table as it doesn’t above shows, Nokia, Ericsson key underlying technologies all like this unpleasantness to analysis shows that Qualcomm require excess manufacturing and and Qualcomm all rank in the for 5G mobile networks will go away, you can be sure it will still be the IP leader, it may operations costs needed for top ve, with Interdigital evolve signi cantly within won’t, and that the arrival of 5G be not as dominant as in LTE. Last component design and mobile expected to generate further next ve years, and so much with its associated new year, Qualcomm reportedly services.” licensing activity. will depend on what technologies and processes will made $8bn in revenue from IP technologies are chosen to only compound the issue. If you royalty payments. Microsoft is Potential 5G IPR royalty revenue Modulation schemes are used form the 3GPP-led network want to be competitive in 5G, estimated to have made more with baseband processors of a standard for 5G and the ITU’s then you had best make sure than $2bn in just Android LexInnova says 5G mobile mobile system. 5G will require IMT-2020 radio access you have a stockpile of IPRs and licensing revenue in 2015, and technologies royalty revenues are non-orthogonal transmission technology. The race is on, and patents at your disposal. the mobile licensing revenues of expected to be more distributed schemes, rather than the the prize is substantial. OFDM of LTE-Advanced. Some Ericsson and Nokia both among companies than LTE due to Story By: Guy Daniels For example, a recent academic approached $1bn in the year. hybrid nature of technologies schemes under consideration paper by Intel’s associate involved. There will also likely be include Filter-Bank general counsel Ann Armstrong LexInnova says it undertook its more NPEs (non-practicing Multi-Carrier (FBMC) concludes that for a $400 study “to provide early entities, such as InterDigital) in transmission, Universal Android or Windows knowledge to in-house IP amongst the leading assignees, Filtered Multi-Carrier (UFMC) smartphone, the royalty counsels, enabling them to which would also mean a greater transmission and Generalised payments alone total in excess devise strategies for IP level of licensing and litigation Frequency-Division of $120, which is almost equal management for 5G. This will activity. Meanwhile, handset Multiplexing (GFDM). to the cost of device’s allow companies involved in manufacturers such as Apple and Qualcomm is by far the components. The largest two application and services for Samsung are also working on 5G leading patent holder in this items are the cellular baseband mobile commerce to develop IP development (especially on area, but faces stronger and the WiFi chip, each costing intellectual property and partner baseband processors) in order to competition in 5G. about $50 in royalty payments. with companies in order to minimise IP licensing costs, and This is serious money (and minimise licensing cost and Intel is expected to make far Finally, with regards core justi cation, if it was ever maximise licensing revenue.” greater inroads in 5G than it networking technologies, needed, of Intel’s early managed with LTE. We should also Network function commitment to 5G R&D). As the LexInnova report states: see more cross-licensing virtualisation (NFV) and “Being just a mobile component agreements with 5G. software de ned networks Technology-focused law rm or technology service vendor (SDN) sit at the heart of 5G architectures, together with

–(16)– By StilgherrianFeatured (Report): Network Security March 31, 2016

communications and ight control "This sense of being able to systems for drones, and that's commercialise technology from the How Australia can cash in on the cyber boom already delivering results. government sector, and also have government be an early adopter of In one trial, a drone helicopter was technology, really helped to spark Australia is a world leader in developing infosec ideas, but bad at commercialising them. equipped with a communication the industry there," Turner said. system based on the seL4 There's a plan to x that. proven-correct microkernel, plus a "We've got to create a cyber camera system based on Linux. industry, create depth in the talent The shortage of cybersecurity talent "They don't feel that graduates from get solved," Connick said. DARPA's red-team penetration pool, to be able to support our is holding back fast-growing university come out ready to do the testers were given root access on other industries as well ... We need companies like Atlassian -- so is the jobs that people have," said Lynwen "The Growth Centre will develop a the camera system, but couldn't to get a critical mass of researchers lack of STEM graduates here in Connick, PM&C's First Assistant plan for how we grow the hack into the drone's to attract the investment." Australia. Secretary for Policy and Intelligence. cybersecurity sector in Australia, communications. [and] how we connect our sector to "From a commercial point of view, I "We've been having a lot of that as international markets." Independent assessments have kinda need more, and I need it, like, part of our Cyber Security Review to rated Data61 as having one of the yesterday," said the company's see what we can do with Connick and Davies were speaking top ve machine learning teams in director of security, Craig Davies. universities to help make sure we at D61+ Live in Sydney on the world, Turner said. connect the requirements of Wednesday. This event was the Atlassian set up its cybersecurity business to what's being taught at inaugural showcase of the work of Atlassian's Davies is impressed with centre in Austin, Texas, two years universities." Data61, the new organisation some of Data61's work. ago, but the company is keen to formed by the merger of NICTA with continue investing in Australia. Last That Cyber Security Review is CSIRO's Digital Productivity research "Machine learning is an area that we year Atlassian hired 80 graduates expected to be released "shortly", teams. are super interested in from a here, assigning three to security, Connick said. security analytics point of view, and their 2016 recruitment road Data61's chief executive ocer because of the size and scale across tour has just started. Filling the global cyber talent gap Adrian Turner is bullish about the our entire infrastructure ... isn't the only way Australia could potential. Australians have a great ability to Davies wants graduates with solid capitalise on the projected growth look at really tough problems and practical skills, an issue he thinks in security spending from $75 "The good news about cyber is go: 'Oh hang on, we could do it this universities need to address. billion annually now to an [that] it's an arms race, so it's way'," Davies said. estimated $170 billion by 2020. constantly evolving," Turner said. "I'd really like to see the students "I walk into a place like here [D61+ that come in already have that Australian companies are already "Even though we're behind in Live] and I see much better ideas," mindset of: 'This is the aw, and this ranked number four in the world for creating industry ... we can catch up. he said. "In the US, vendors do have is what I can do to take advantage cybersecurity-related patents, We have the talent, the capability, good ideas, but they're 'swamped of it -- or more importantly, how I according to the report Network the universities. We have amazing by all the other stu' in the can join those together to create Security: Overview of patent work going on in the country to companies as they try to be all havoc and mayhem'," he said. out-licencing opportunities create that industry. And I think things to enterprise customers in published by intellectual property what's going to be important is to every sector. "I'm looking for that puzzle-solving consultants LexInnova Technologies identify those areas where there's ability, but they've got to learn in 2015. either a market failure, or we have "What I get worried about is the aggressive techniques. They can't all capability and understanding of the small and medium business sector, just learn defence and theoretical. The Cyber Security Growth Centre, problem to build critical mass." particularly in Australia. That is an They've got to learn the bad side of with AU$30 million funding area that is ripe for breach, and is it as well, to understand how to announced as part of the National Examples include the development having breaches all the time. It is defend against it -- and more Innovation and Science Agenda in of trustworthy and resilient systems, ripe for clever-thinking ideas," he importantly, not just defend, but December 2015, is designed to machine-learning analytics, and said. Davies said it would be the identify earlier in the cycle so the leverage our expertise. even behavioural economics that same in the US market, but "the architectures become more robust." can be used to analyse the scale might be dierent". "The Growth Centre is about intersection of people and security. The Department of the Prime bringing together researchers, Turner says Israel's approach, where Minister and Cabinet (PM&C) has startups who can commercialise Data61 has been collaborating with a lot of the early companies and also been hearing industry calls for research ideas and concepts, [and] the US Defense Advance Research capabilities were spun out of the students with more hands-on connecting bigger businesses who Projects Agency (DARPA) and government sector, could be a experience. have problems that they want to Boeing to develop secure model for Australia.

–(17)– Contd. By StilgherrianFeatured (Report): Network Security March 31, 2016

communications and ight control "This sense of being able to systems for drones, and that's commercialise technology from the already delivering results. government sector, and also have government be an early adopter of In one trial, a drone helicopter was technology, really helped to spark equipped with a communication the industry there," Turner said. system based on the seL4 proven-correct microkernel, plus a "We've got to create a cyber camera system based on Linux. industry, create depth in the talent The shortage of cybersecurity talent "They don't feel that graduates from get solved," Connick said. DARPA's red-team penetration pool, to be able to support our is holding back fast-growing university come out ready to do the testers were given root access on other industries as well ... We need companies like Atlassian -- so is the jobs that people have," said Lynwen "The Growth Centre will develop a the camera system, but couldn't to get a critical mass of researchers lack of STEM graduates here in Connick, PM&C's First Assistant plan for how we grow the hack into the drone's to attract the investment." Australia. Secretary for Policy and Intelligence. cybersecurity sector in Australia, communications. [and] how we connect our sector to Story By: Stilgherrian "From a commercial point of view, I "We've been having a lot of that as international markets." Independent assessments have kinda need more, and I need it, like, part of our Cyber Security Review to rated Data61 as having one of the yesterday," said the company's see what we can do with Connick and Davies were speaking top ve machine learning teams in director of security, Craig Davies. universities to help make sure we at D61+ Live in Sydney on the world, Turner said. connect the requirements of Wednesday. This event was the Atlassian set up its cybersecurity business to what's being taught at inaugural showcase of the work of Atlassian's Davies is impressed with centre in Austin, Texas, two years universities." Data61, the new organisation some of Data61's work. ago, but the company is keen to formed by the merger of NICTA with continue investing in Australia. Last That Cyber Security Review is CSIRO's Digital Productivity research "Machine learning is an area that we year Atlassian hired 80 graduates expected to be released "shortly", teams. are super interested in from a here, assigning three to security, Connick said. security analytics point of view, and their 2016 recruitment road Data61's chief executive ocer because of the size and scale across tour has just started. Filling the global cyber talent gap Adrian Turner is bullish about the our entire infrastructure ... isn't the only way Australia could potential. Australians have a great ability to Davies wants graduates with solid capitalise on the projected growth look at really tough problems and practical skills, an issue he thinks in security spending from $75 "The good news about cyber is go: 'Oh hang on, we could do it this universities need to address. billion annually now to an [that] it's an arms race, so it's way'," Davies said. estimated $170 billion by 2020. constantly evolving," Turner said. "I'd really like to see the students "I walk into a place like here [D61+ that come in already have that Australian companies are already "Even though we're behind in Live] and I see much better ideas," mindset of: 'This is the aw, and this ranked number four in the world for creating industry ... we can catch up. he said. "In the US, vendors do have is what I can do to take advantage cybersecurity-related patents, We have the talent, the capability, good ideas, but they're 'swamped of it -- or more importantly, how I according to the report Network the universities. We have amazing by all the other stu' in the can join those together to create Security: Overview of patent work going on in the country to companies as they try to be all havoc and mayhem'," he said. out-licencing opportunities create that industry. And I think things to enterprise customers in published by intellectual property what's going to be important is to every sector. "I'm looking for that puzzle-solving consultants LexInnova Technologies identify those areas where there's ability, but they've got to learn in 2015. either a market failure, or we have "What I get worried about is the aggressive techniques. They can't all capability and understanding of the small and medium business sector, just learn defence and theoretical. The Cyber Security Growth Centre, problem to build critical mass." particularly in Australia. That is an They've got to learn the bad side of with AU$30 million funding area that is ripe for breach, and is it as well, to understand how to announced as part of the National Examples include the development having breaches all the time. It is defend against it -- and more Innovation and Science Agenda in of trustworthy and resilient systems, ripe for clever-thinking ideas," he importantly, not just defend, but December 2015, is designed to machine-learning analytics, and said. Davies said it would be the identify earlier in the cycle so the leverage our expertise. even behavioural economics that same in the US market, but "the architectures become more robust." can be used to analyse the scale might be dierent". "The Growth Centre is about intersection of people and security. The Department of the Prime bringing together researchers, Turner says Israel's approach, where Minister and Cabinet (PM&C) has startups who can commercialise Data61 has been collaborating with a lot of the early companies and also been hearing industry calls for research ideas and concepts, [and] the US Defense Advance Research capabilities were spun out of the students with more hands-on connecting bigger businesses who Projects Agency (DARPA) and government sector, could be a experience. have problems that they want to Boeing to develop secure model for Australia.

–(18)– By RanaFeatured Pratap Author:& Rahul Vijh Rana J Pratap (Principal Consultant - Technology ) & Rahul Vijh (Director - Client Solutions) March 31, 2016

related to 5G can be bucketed along with 4G leader, resources to design its own working on 5G IP into the following 3 categories. Qualcomm. The presence of baseband processors to pair development in order to 5G Mobile Networks: The Next Big Battleground NPE Interdigital is expected to them with mobile application minimize IP licensing generate licensing activity. processors in order to improve costs. Chinese entities have a signi - performance and cost, The so-called “Smartphone series) – who build their own cant presence in top assignees especially if Samsung does so Intel is the only mobile Wars” were the de ning smartphone application indicating that it may have a rst. Samsung has already chip vendor other than buzzword for the IP industry in processors – to be integrated similar 5G deployment timeline switched to its own internal Qualcomm to be in the the rst half of this decade. Like with 5G baseband processor for to the USA. Exynos application processor top 5 across three most “wars”, the smartphone eciency and cost. starting from Galaxy S6. technology domains. wars resulted from an indirect 2. Modulation/Waveforms However, based on IP strength, This indicates that Intel but transformational change: The key feature of 5G network Qualcomm is best suited to is committed to 4G. The jury is still out whether will be wireless gigabit Modulation resides in the design the rst 5G baseband compete in providing Apple, Google or Samsung won throughput during normal use. baseband processor of a mobile processor. chips for 5G devices and the smartphone wars, but The 5G network will be a system. LTE-A which is a bridge networks. However, looking at the telecom industry mishmash of wireless data 1. Wireless Radio Front between 4G and 5G allows for despite its commitment in its entirety, a clear winner connectivity technologies End/Radio Access Network spectrum sharing and to do so for 4G, Intel has does emerge: Qualcomm. providing seamless wireless improved spectral eciency not been able to land Qualcomm capitulated not only gigabit connectivity through The wireless network technolo- through use of OFDM any handset design wins on its research but also on it Network Function Virtualization gy of 2G,3G and 4G have been (Orthogonal frequency division within the US. inuence in standardization to Infrastructure. The 5G base primarily used sub 6GHz carrier multiplex) modulation. OFDM is become a clear central force Signaling eciency should be technologies like IoT, Wearables station is expected to be frequency but 5G is expected to a transmission technique that There is also noticeable when 4G was rolled out. By the enhanced and Virtual/Augmented Reality. comprised multi technology use centimeter wave uses a large number of presence of NPEs in top time, other players caught on, Revenues for 5G services will RAT (Radio Access Technology) (10GHz-30GHz) and millimeter closely-spaced carriers that are 3. Core Packet Networking assignees in all three Latency should be reduced Qualcomm already owned the exceed $65 billion by 2025, acting as a virtualized wireless wave (30GHz-300GHz) radio modulated with low data rates. Technologies categories indicating signi cantly compared to LTE. bulk of intellectual property according to a forecast from network that can seamlessly front ends. The high frequency The 5G will require there would be a high that enabled 4G operating Juniper Research. 5G mobile communicate with any device operation allows for very high non-orthogonal transmission The higher layers of 5G degree of licensing and The estimated patent royalties speeds, especially around technologies royalty revenues with any wireless technology. bandwidth, hence multi gigabit schemes. Several modi ed networking will require litigation activity in this are in excess of $120 on a baseband processors. are expected to be more The next version of wireless data communication. multi-carrier modulation network function virtualization space in the 2018-2024 hypothetical $400 smart- distributed among companies LTE-Advanced is going to act as The disadvantage of high schemes are also under and will involve several smart timeframe. As the phone—which is almost equal As the world now prepares for than 4G due to hybrid nature of a bridge between 4G and 5G. frequency carriers is that they consideration for 5G radio networking technologies. These judicial pendulum to the cost of device’s compo- the next generation (5G) technologies involved as well as LTE-A is essentially a precursor are susceptible to high path access such as, Filter-Bank smart networking technologies continues to swing nents. The royalty demands for networks (rollouts are still 3-5 a higher amount of expected of 5G radio access network loss and require line-of-sight Multi-Carrier (FBMC) include higher Inter-Node between for and against 4G LTE cellular functionality years away), companies like commerce generated on 5G (RAN) below 6 GHz. LTE-A radios. To overcome this beam transmission, Universal Filtered Coordination and backhaul as the NPE business model, approach $60 for a $400 Apple, Samsung and Intel are network. Due to the higher already comprises of Carrier steering solutions will be Multi-Carrier (UFMC) well as access Link Integration it remains to be seen smartphone but the average working hard to ensure they than predicted performance, 5G Aggregation, Increased MIMO, required in dense urban transmission and Generalized to improve network data whether NPEs are able cost of the baseband processor stay ahead of the curve on 5G is expected to be a primary Coordinated Multipoint (CoMP), deployments. Google (Project Frequency-Division throughout and eciency. The and are allowed to that implements cellular research and development. source of connectivity to the Relay Station and Loon) and Facebook are already Multiplexing (GFDM. network control will require capitulate on this huge functionality is as little as $10 to internet replacing in-home Heterogeneous Network. The using mmW radio front-ends to Self-Organizing-Network, opportunity once the $13. This implies that the The Next Generation Mobile broadband services altogether carrier frequencies from 10 GHz test next generation gigabit Context Aware Networking and actual 5G rollouts begin. companies involved in 5G Networks Alliance de nes the in most cases. New services to 100 GHz will be added on internet network deployments. Information Centric Network- technology development need following requirements for 5G include high-de nition 4K-8K top to enable wireless gigabit Massive MIMO is another ing. There will be increased to have strong patent portfolio networks: video, self-driving cars, connectivity to each mobile technique used to improve data Cellular and Wi-Fi network monetization strategies if they virtual/augmented reality, and device. throughout and spectral interworking and device-to-de- are to maximize pro ts from Data rates of several tens of myriad of IoT devices. eciency by using multiple vice communication to provide megabits per second should their R&D dollars. Being just a Mobile networks comprised of antennas at the transmitter and gigabit connectivity for very mobile component or technolo- be supported for tens of The early signs of increased 5G a radio front end that incorpo- receiver. MIMO uses complex short distances. gy service vendor oers limited thousands of users patent licensing activity are rates an antenna coupled with digital signal processing to set Qualcomm is the top assignee revenue and pro tability. evident from inclusion of transmitter with power ampli - up multiple data streams on the in this category and appears to Nokia, Qualcomm, Cisco and 1 gigabit per second to be Moreover, IP licensing is much collaboration between Ericsson ers, receiver with low noise same channel. LTE networks be carrying its leadership Intel are in top 5 along with NPE oered simultaneously to more pro table as it doesn’t and Apple for the development ampli er and carrier frequency and 802.11ac support MIMO position in baseband Headwater Partners in this many workers on the same require excess manufacturing 5G in patent dispute generating elements. The radio but 5G will use more scaled up technology from 4G to 5G. The category. oce oor and operations costs needed settlement. Clearly Apple is front end connects to a modu- massive MIMO. entire 4G baseband processor for component design and Several hundreds of making a strategic move to lator that either modulates or market was dominated by Conclusion mobile services. thousands of simultaneous minimize the licensing cost for de-modulates the digital data Qualcomm in the USA. Intel, connections to be supported 5G. Many handset makers will to be sent/received over the which is developing its own The number of patents and key 5G is expected to generate for massive sensor proactively do such deals over carrier frequency by radio front 4G-LTE baseband processor, is underlying technologies for 5G even higher revenues from deployments the next few years to prevent end. The modulator connects to among the top 5 assignees. mobile networks will evolve applications and services due to most of the licensing revenue higher level of TCP/IP network- Nokia, Interdigital and Fujitsu signi cantly within next 5 years. Spectral eciency should be explosion on mobile from going to a single company ing module. At this level the round up the top 5 list of However, early analysis shows signi cantly enhanced application and services like Qualcomm for 4G-LTE. This data is packetized to be used by assignees. It is also interesting that Qualcomm will still be the compared to 4G because of broadband-like will allow the most pro table applications or pushed to a to note that Apple does have an IP leader but may be not as speed, which are crucial for Coverage should be improved handset makers like Apple (Ax wired network or cloud. Thus As expected, telecom network- IP presence in 5G dominant as in 4G-LTE. The some of the emerging series) and Samsung (Exynos on a very broad level, patents ing equipment suppliers, Nokia baseband/modulation device makers like Apple, and Ericsson, are in the top 5 technology. It certainly has the Samsung, and Lenovo are also Contd. –(19)– By RanaFeatured Pratap &Author: Rahul Vijh Rana J Pratap (Principal Consultant - Technology ) & Rahul Vijh (Director - Client Solutions) March 31, 2016

related to 5G can be bucketed along with 4G leader, resources to design its own working on 5G IP into the following 3 categories. Qualcomm. The presence of baseband processors to pair development in order to NPE Interdigital is expected to them with mobile application minimize IP licensing generate licensing activity. processors in order to improve costs. Chinese entities have a signi - performance and cost, The so-called “Smartphone series) – who build their own cant presence in top assignees especially if Samsung does so Intel is the only mobile Wars” were the de ning smartphone application indicating that it may have a rst. Samsung has already chip vendor other than buzzword for the IP industry in processors – to be integrated similar 5G deployment timeline switched to its own internal Qualcomm to be in the the rst half of this decade. Like with 5G baseband processor for to the USA. Exynos application processor top 5 across three most “wars”, the smartphone eciency and cost. starting from Galaxy S6. technology domains. wars resulted from an indirect 2. Modulation/Waveforms However, based on IP strength, This indicates that Intel but transformational change: The key feature of 5G network Qualcomm is best suited to is committed to 4G. The jury is still out whether will be wireless gigabit Modulation resides in the design the rst 5G baseband compete in providing Apple, Google or Samsung won throughput during normal use. baseband processor of a mobile processor. chips for 5G devices and the smartphone wars, but The 5G network will be a system. LTE-A which is a bridge networks. However, looking at the telecom industry mishmash of wireless data 1. Wireless Radio Front between 4G and 5G allows for despite its commitment in its entirety, a clear winner connectivity technologies End/Radio Access Network spectrum sharing and to do so for 4G, Intel has does emerge: Qualcomm. providing seamless wireless improved spectral eciency not been able to land Qualcomm capitulated not only gigabit connectivity through The wireless network technolo- through use of OFDM any handset design wins on its research but also on it Network Function Virtualization gy of 2G,3G and 4G have been (Orthogonal frequency division within the US. inuence in standardization to Infrastructure. The 5G base primarily used sub 6GHz carrier multiplex) modulation. OFDM is become a clear central force Signaling eciency should be technologies like IoT, Wearables station is expected to be frequency but 5G is expected to a transmission technique that There is also noticeable when 4G was rolled out. By the enhanced and Virtual/Augmented Reality. comprised multi technology use centimeter wave uses a large number of presence of NPEs in top time, other players caught on, Revenues for 5G services will RAT (Radio Access Technology) (10GHz-30GHz) and millimeter closely-spaced carriers that are 3. Core Packet Networking assignees in all three Latency should be reduced Qualcomm already owned the exceed $65 billion by 2025, acting as a virtualized wireless wave (30GHz-300GHz) radio modulated with low data rates. Technologies categories indicating signi cantly compared to LTE. bulk of intellectual property according to a forecast from network that can seamlessly front ends. The high frequency The 5G will require there would be a high that enabled 4G operating Juniper Research. 5G mobile communicate with any device operation allows for very high non-orthogonal transmission The higher layers of 5G degree of licensing and The estimated patent royalties speeds, especially around technologies royalty revenues with any wireless technology. bandwidth, hence multi gigabit schemes. Several modi ed networking will require litigation activity in this are in excess of $120 on a baseband processors. are expected to be more The next version of wireless data communication. multi-carrier modulation network function virtualization space in the 2018-2024 hypothetical $400 smart- distributed among companies LTE-Advanced is going to act as The disadvantage of high schemes are also under and will involve several smart timeframe. As the phone—which is almost equal As the world now prepares for than 4G due to hybrid nature of a bridge between 4G and 5G. frequency carriers is that they consideration for 5G radio networking technologies. These judicial pendulum to the cost of device’s compo- the next generation (5G) technologies involved as well as LTE-A is essentially a precursor are susceptible to high path access such as, Filter-Bank smart networking technologies continues to swing nents. The royalty demands for networks (rollouts are still 3-5 a higher amount of expected of 5G radio access network loss and require line-of-sight Multi-Carrier (FBMC) include higher Inter-Node between for and against 4G LTE cellular functionality years away), companies like commerce generated on 5G (RAN) below 6 GHz. LTE-A radios. To overcome this beam transmission, Universal Filtered Coordination and backhaul as the NPE business model, approach $60 for a $400 Apple, Samsung and Intel are network. Due to the higher already comprises of Carrier steering solutions will be Multi-Carrier (UFMC) well as access Link Integration it remains to be seen smartphone but the average working hard to ensure they than predicted performance, 5G Aggregation, Increased MIMO, required in dense urban transmission and Generalized to improve network data whether NPEs are able cost of the baseband processor stay ahead of the curve on 5G is expected to be a primary Coordinated Multipoint (CoMP), deployments. Google (Project Frequency-Division throughout and eciency. The and are allowed to that implements cellular research and development. source of connectivity to the Relay Station and Loon) and Facebook are already Multiplexing (GFDM. network control will require capitulate on this huge functionality is as little as $10 to internet replacing in-home Heterogeneous Network. The using mmW radio front-ends to Self-Organizing-Network, opportunity once the $13. This implies that the The Next Generation Mobile broadband services altogether carrier frequencies from 10 GHz test next generation gigabit Context Aware Networking and actual 5G rollouts begin. companies involved in 5G Networks Alliance de nes the in most cases. New services to 100 GHz will be added on internet network deployments. Information Centric Network- technology development need following requirements for 5G include high-de nition 4K-8K top to enable wireless gigabit Massive MIMO is another ing. There will be increased Story By: Rana Pratap to have strong patent portfolio networks: video, self-driving cars, connectivity to each mobile technique used to improve data Cellular and Wi-Fi network & Rahul Vijh monetization strategies if they virtual/augmented reality, and device. throughout and spectral interworking and device-to-de- are to maximize pro ts from Data rates of several tens of myriad of IoT devices. eciency by using multiple vice communication to provide megabits per second should their R&D dollars. Being just a Mobile networks comprised of antennas at the transmitter and gigabit connectivity for very mobile component or technolo- be supported for tens of The early signs of increased 5G a radio front end that incorpo- receiver. MIMO uses complex short distances. gy service vendor oers limited thousands of users patent licensing activity are rates an antenna coupled with digital signal processing to set Qualcomm is the top assignee revenue and pro tability. evident from inclusion of transmitter with power ampli - up multiple data streams on the in this category and appears to Nokia, Qualcomm, Cisco and 1 gigabit per second to be Moreover, IP licensing is much collaboration between Ericsson ers, receiver with low noise same channel. LTE networks be carrying its leadership Intel are in top 5 along with NPE oered simultaneously to more pro table as it doesn’t and Apple for the development ampli er and carrier frequency and 802.11ac support MIMO position in baseband Headwater Partners in this many workers on the same require excess manufacturing 5G in patent dispute generating elements. The radio but 5G will use more scaled up technology from 4G to 5G. The category. oce oor and operations costs needed settlement. Clearly Apple is front end connects to a modu- massive MIMO. entire 4G baseband processor for component design and Several hundreds of making a strategic move to lator that either modulates or market was dominated by Conclusion mobile services. thousands of simultaneous minimize the licensing cost for de-modulates the digital data Qualcomm in the USA. Intel, connections to be supported 5G. Many handset makers will to be sent/received over the which is developing its own The number of patents and key 5G is expected to generate for massive sensor proactively do such deals over carrier frequency by radio front 4G-LTE baseband processor, is underlying technologies for 5G even higher revenues from deployments the next few years to prevent end. The modulator connects to among the top 5 assignees. mobile networks will evolve applications and services due to most of the licensing revenue higher level of TCP/IP network- Nokia, Interdigital and Fujitsu signi cantly within next 5 years. Spectral eciency should be explosion on mobile from going to a single company ing module. At this level the round up the top 5 list of However, early analysis shows signi cantly enhanced application and services like Qualcomm for 4G-LTE. This data is packetized to be used by assignees. It is also interesting that Qualcomm will still be the compared to 4G because of broadband-like will allow the most pro table applications or pushed to a to note that Apple does have an IP leader but may be not as speed, which are crucial for Coverage should be improved handset makers like Apple (Ax wired network or cloud. Thus As expected, telecom network- IP presence in 5G dominant as in 4G-LTE. The some of the emerging series) and Samsung (Exynos on a very broad level, patents ing equipment suppliers, Nokia baseband/modulation device makers like Apple, and Ericsson, are in the top 5 technology. It certainly has the Samsung, and Lenovo are also

–(20)– byFeatured: Wen Ash Rana J Pratap (Principal Consultant - Technology) 25 March, 2016

come into contact with "Deep Who is the king of wearable technology? The truth Throat" source, but she still think was actually ... Microsoft can not just focus on the eld of intellectual property, such Indeed, the launch of these two gestures can not only tness products to Apple and Google tracker. has become a eld of wearable technology is no doubt a leader. In starting it seems, is the most However, if the strength of the direct market B2B applications purely technical point of view (just as the same as MSDOS), our point of view, perhaps the she put this mode is called "B2D", answer is not so - at least BusinesstoDoctor. Today, wearable according to the patent health monitoring and diagnostics consulting rm LexInnova equipment growing, Microsoft research, from a wearable should continue to develop, so technology aspects related that health class wearable patents, Microsoft is the world's devices become smaller, cheaper, more perfect. But the acquisition oldest. In addition, Microsoft executives products and licensing technology of rival Apple is actively mobile rarely talk about their huge stock licensing. device platforms and software Despite the addition HoloLens, of patents. In fact, Microsoft application platform health class Microsoft wearable art and there frequency, etc, patents, patents of Microsoft's independent study of declined to comment. The rst of those years ghting Market survey shows that nearly is nothing impressive product other companies cited patent 700 Microsoft patents are against the face came from 70 percent of doctors use medical launch. application. based. He said: "According to our Pratap thanked Microsoft's large Microsoft MSDOS and Window application on the iPhone, which analysis, there are 49 patents and development team, he said: operating system, these two Apple is a good start. The following is a list Microsoft patent choke save big applications are derived from "Every time we do this kind of patents that Microsoft is too broad LexInnova provided: move? the acquisition Tangis, seven from patent analysis, will nd that the in the United States and Europe Taking into account the promised (1) Microsoft has 757 patents First time being put aside "Microsoft Osterhout Group acquired, as well industry leader is always the most are playing for a few years new blockbuster earnings and wearable technology, in which strongest" this topic, Microsoft two as an acquisition from patent applications" according antitrust lawsuit. Of course there Apple's strategy of at least 53 directly related to years ago, the newly Antenova come." to market research rm statistics are cases of failure. Microsoft containment of these two factors, the wrist-worn device 13 appointed CEO Nadella (Satya of Statista, Microsoft's R & D licensed its intellectual property to Nadella might be more carefully associated with the glasses. Nadella) really solid two. After all, if Microsoft really wearable spending gradually increased the digital music hardware chosen patented technology to art hold back the big move, they since 2010, reaching $ 12 billion in development companies Zune, promote Microsoft's next (2) Philips ranked second, with Basically technology companies are plan what is it? 2015. but any player who can not save innovation. 756 patents; Google ranked playing such a trick is two or this evening industry last fall or third, with 602 patents. develop products based on a Technology forecasting and Pratap pointed out that discontinued. patent or patents technology, or strategic consulting rm Microsoft's patent wearable group (3) Apple only 197 patents, together with two strokes, Microsoft Webbmedia group's founder Amy before they wear product line has Weber said, regardless of the slightly higher than the 192 is no exception. In January, Weber (Amy Webb) said: "I do not already begun to establish development of products or Fitbit. the disclosure of which, since want to wait until Christmas to see research and development, the technology licensing each have December 2003 launched its IP this wearable device Microsoft rst related patents from other their own advantages and Chief Technical Advisor licensing program has signed 1200 retail stores." Weber, and many research projects. Later, step by disadvantages to technology LexInnova Rana Pratap (Rana copies of a variety of technology people think that Microsoft's step, these innovations was only licensing generally more Pratap) said that in the United licensing agreement. The recent patent portfolio the main wearable positioned in the moderate, lowrisk, sustainable States, patents will stay ahead of wearable technology related advantage of these shortterm emerging markets. However, income, but always found "do the the general time of 20 years. agreements, licensed to the watch market was more pro table. these tricks in the tech industry wedding dress for her people," the Although some of Microsoft's manufacturer Olio Devices. and manufacturing are fairly horse. And higher product patents little bit dated, but While Microsoft intellectual common. development costs, and the overall is still relatively strong, Strategy Analytics analyst Raskind of property in the stock unexpectedly, success or failure of the product the quantity and quality are this opinion: "Maybe Microsoft but the company is just an Microsoft created its had its own sheep. But the higher excellent. Meanwhile, wants in the eld of embedded product development technology licensing business the potential return, the market LexInnova uses a proprietary technology licensing for Google in the sale of wearable, is the health empire will drive the success of the algorithm to evaluate the patent tight marking to revive past glory, of tracking bracelet Band 2. Like all successful technology company success. group, the algorithm involving which is probably the reason they Of course, the mystery HoloLens innovators, Microsoft described as some 50 factors, including age, traded with Olio." And Pratap said, will also be on sale this month. seasoned in developing Although Weber said it did not –(21)– byFeatured: Wen Ash Rana J Pratap (Principal Consultant - Technology) 25 March, 2016

come into contact with "Deep Throat" source, but she still think Microsoft can not just focus on the eld of intellectual property, such Indeed, the launch of these two gestures can not only tness products to Apple and Google tracker. has become a eld of wearable technology is no doubt a leader. In starting it seems, is the most However, if the strength of the direct market B2B applications purely technical point of view (just as the same as MSDOS), our point of view, perhaps the she put this mode is called "B2D", answer is not so - at least BusinesstoDoctor. Today, wearable according to the patent health monitoring and diagnostics consulting rm LexInnova equipment growing, Microsoft research, from a wearable should continue to develop, so technology aspects related that health class wearable patents, Microsoft is the world's devices become smaller, cheaper, more perfect. But the acquisition oldest. In addition, Microsoft executives products and licensing technology of rival Apple is actively mobile rarely talk about their huge stock licensing. device platforms and software Despite the addition HoloLens, of patents. In fact, Microsoft application platform health class Microsoft wearable art and there frequency, etc, patents, patents of Microsoft's independent study of declined to comment. The rst of those years ghting Market survey shows that nearly is nothing impressive product other companies cited patent 700 Microsoft patents are against the face came from 70 percent of doctors use medical launch. application. based. He said: "According to our Pratap thanked Microsoft's large Microsoft MSDOS and Window application on the iPhone, which analysis, there are 49 patents and development team, he said: operating system, these two Apple is a good start. The following is a list Microsoft patent choke save big applications are derived from "Every time we do this kind of patents that Microsoft is too broad LexInnova provided: move? the acquisition Tangis, seven from patent analysis, will nd that the in the United States and Europe Taking into account the promised Microsoft has 757 patents First time being put aside "Microsoft Osterhout Group acquired, as well industry leader is always the most are playing for a few years new blockbuster earnings and wearable technology, in which strongest" this topic, Microsoft two as an acquisition from patent applications" according antitrust lawsuit. Of course there Apple's strategy of at least 53 directly related to years ago, the newly Antenova come." to market research rm statistics are cases of failure. Microsoft containment of these two factors, the wrist-worn device 13 appointed CEO Nadella (Satya of Statista, Microsoft's R & D licensed its intellectual property to Nadella might be more carefully associated with the glasses. Nadella) really solid two. After all, if Microsoft really wearable spending gradually increased the digital music hardware chosen patented technology to art hold back the big move, they since 2010, reaching $ 12 billion in development companies Zune, promote Microsoft's next Philips ranked second, with Basically technology companies are plan what is it? 2015. but any player who can not save innovation. 756 patents; Google ranked playing such a trick is two or this evening industry last fall or third, with 602 patents. Technology forecasting and develop products based on a Pratap pointed out that discontinued. Story By: Wen Ash patent or patents technology, or strategic consulting rm Microsoft's patent wearable group Apple only 197 patents, together with two strokes, Microsoft Webbmedia group's founder Amy before they wear product line has Weber said, regardless of the slightly higher than the 192 is no exception. In January, Weber (Amy Webb) said: "I do not already begun to establish development of products or Fitbit. the disclosure of which, since want to wait until Christmas to see research and development, the technology licensing each have December 2003 launched its IP this wearable device Microsoft rst related patents from other their own advantages and Chief Technical Advisor licensing program has signed 1200 retail stores." Weber, and many research projects. Later, step by disadvantages to technology LexInnova Rana Pratap (Rana copies of a variety of technology people think that Microsoft's step, these innovations was only licensing generally more Pratap) said that in the United licensing agreement. The recent patent portfolio the main wearable positioned in the moderate, lowrisk, sustainable States, patents will stay ahead of wearable technology related advantage of these shortterm emerging markets. However, income, but always found "do the the general time of 20 years. agreements, licensed to the watch market was more pro table. these tricks in the tech industry wedding dress for her people," the Although some of Microsoft's manufacturer Olio Devices. and manufacturing are fairly horse. And higher product patents little bit dated, but While Microsoft intellectual common. development costs, and the overall is still relatively strong, Strategy Analytics analyst Raskind of property in the stock unexpectedly, success or failure of the product the quantity and quality are this opinion: "Maybe Microsoft but the company is just an Microsoft created its had its own sheep. But the higher excellent. Meanwhile, wants in the eld of embedded product development technology licensing business the potential return, the market LexInnova uses a proprietary technology licensing for Google in the sale of wearable, is the health empire will drive the success of the algorithm to evaluate the patent tight marking to revive past glory, of tracking bracelet Band 2. Like all successful technology company success. group, the algorithm involving which is probably the reason they Of course, the mystery HoloLens innovators, Microsoft described as some 50 factors, including age, traded with Olio." And Pratap said, will also be on sale this month. seasoned in developing Although Weber said it did not –(22)– by Featured:Kareem Anderson Rana J Pratap (Principal Consultant - Technology) February 26, 2016 Microsoft is leading the wearable market…in WinBeta patent applications Microsoft news and more Quietly amassing an arsenal of wearable patent lings

The battle for wearable supremacy is underway as companies such as Google, Apple, Fitbit, Nike, Under Armor, Levi’s, and many more take up arms and position themselves as the go-to business for connected technology. Even though Microsoft has its own wearables in the market with the Microsoft Band and Band 2 representing, it’s a relatively small outpost of renegades by comparison.

However, as a principal 602 patent lings. company will still have several consultant from LexInnova Unsurprisingly, similar to its R&D cards to play, reminiscent of its reports, Microsoft is quietly spend, Apple has chosen to Android patent war chest. As it amassing an arsenal of wearable keep its lings rather limited for stands today, Microsoft appears patent lings that could help now, only marking 192 of them. to be leveraging its Android level its presence on connected patents to get itself on devices it technology battle eld. According As for what Microsoft plans to would otherwise be locked out to Rana Pratap, who spoke with do with its horde of patents of, due to its failings in mobile. IBD, Microsoft has issued 53 (barring their approval) is Microsoft’s abundance of patent lings directly related to unclear. Pratap and IBD wearable-related patents, right wrist-worn devices, 13 more speculate on several hypothesis now, are probably just a rainy day pertaining to eyewear and some ranging from licensing deals to measure with no real expectation additional 619 other wearable business-to-business applications of hardware for the masses. patents for various other means. in the health monitoring and Microsoft’s amount of led diagnostics industries. Story By: Kareem Anderson patents for wearable associated technology ranks it as the Personally, I side with the worldwide leader in the category. former. As the company has shown, arguably callously with For comparison, runner-up Windows Phone, it isn’t as much Philips (PHG) sits inches behind interested in producing Microsoft at 756 hardware as it is on leveraging wearable-related patents lings. the strengths of its partners. Perhaps even more impressive is how Microsoft is outpacing its Perhaps, down the road, if well-known competitors for Apple, Philips, Google ala lings, with the maker of Android Alphabet or some other Wear and Google Glass holding business seize the market in on to the number three spot with ways Microsoft cannot, the

–(23)– by Featured:Jim Nash Rana J Pratap (Principal Consultant - Technology) February 26, 2016

Microsoft, Not Apple Or Alphabet, Is Wearables King was acquired from Antenova. innovations were recognized as visibly to market success. addressing the new wearables … In Patents So what, if anything, is Microsoft market. While Webb says she has not had planning in wearables? any contact with Microsoft The 2014 debut of Apple’s Apple This is common for tech and regarding wearables, she feels the “I’m not necessarily watching for a Watch and the release of the manufacturing companies, he company is not likely to focus its Microsoft wearables pop-up retail Google Glass computing eyewear says. related intellectual property store next Christmas,” said Amy the prior year stamped both tech solely or even primarily on Webb, founder of technology giants as leading innovators of Microsoft Tech Licenses Built Its consumer goods like tness forecasting and strategy wearables. Business trackers. consulting rm Webbmedia Like all successful technology Except that neither Apple (AAPL) Group. innovators, Microsoft has much She said the most immediate nor Google parent Alphabet experience — good and bad — market is for business-to-business Webb and others say there are (GOOGL) is actually the leading with developing products and applications (as was the case for more lucrative, near-term markets innovator in wearables. Microsoft licensing technology. MS-DOS), and what she calls for wearables for Microsoft to (MSFT) is. “B-to-D” — business-to-doctor. exploit with its portfolio. More on The company’s rst hits were the Health-monitoring and diagnostic At least, Microsoft is No. 1 that in a moment… MS-DOS and Window operating roles for wearables are growing worldwide when looking at systems, both of which were today, and they should continue Microsoft’s intellectual-property patents for wearable-related licensed so extensively that to expand as medical wearables cache might surprise some. The technology, according to revenue in 2015,” Cli Raskind, an designed to recharge Microsoft’s Microsoft endured years of become small, inexpensive and company sells only one internally LexInnova, a patents-consulting analyst for market research rm growth. antitrust lawsuits in the U.S. and sophisticated, Webb said. developed wearable product, the rm. Strategy Analytics, told IBD. Europe. Microsoft, like any company, Band 2 tness tracker bracelet, But rival Apple is making an Microsoft has 757 wearables While some of Microsoft’s could develop products based on and executives say they will begin There have been notable failures, aggressive bid to invade health patent lings, Rana Pratap, wearables portfolio is getting old its patents, license its patents or selling eyewear called HoloLens too. Microsoft intellectual care with mobile devices and LexInnova’s principal consultant — U.S. patents last no more than both. The company last month by April. property was used to develop the HealthKit, the company’s for technology, told IBD. At least 53 20 years — Pratap says that, disclosed that it has signed 1,200 rm’s Zune digital music software platform for Plus, executives rarely discuss lings are directly related to wrist collectively, the patents remain licensing agreements of all kinds hardware. Microsoft also licensed health-related applications. Microsoft’s large overall patent devices. Another 13 are related to strong. So, Microsoft’s wearables since launching its IP licensing Zune technology. Neither portfolio. Indeed, Microsoft eyewear. patent portfolio doesn’t just have program in December 2003. One approach could save the According to Black Book Market declined to comment for this quantity, but also quality. of the most recent agreements entertainment player, which was Research, almost 70% of story. Netherlands-based Philips (PHG) is involved licensing discontinued last fall. physicians using medical apps do right behind in wearables-related LexInnova uses a proprietary wearables-related technology to so on iPhones. That is a size-14 “Whenever we do a patent intellectual property, with 756 algorithm involving about 50 Olio Devices, a niche watchmaker. Webb says developing products foot in the door for Apple. analysis like this, we nd that the wearables patents and patent factors, including patent age, the and licensing technology each biggest (technology) companies applications. Alphabet, parent of number of times a patent has “Maybe Microsoft has been have advantages and Webb says the promise of in a sector have the most patent Google, has 602 to place at No. 3, been cited in other companies’ watching what Google’s doing disadvantages. signi cant new revenue and the lings,” Pratap said, thanks to their and the patent numbers drop o patent lings, and court rejection (with technology licenses) and need to keep Apple at bay are often large precipitously from there, says of challenges to a patent, to longingly remembering their big Licensing intellectual property likely to persuade Nadella to sift research-and-development units. LexInnova, which recently judge the quality of patent (operating system) licensing typically brings modest, low-risk Microsoft’s patent portfolio for portfolios, Pratap explains. days,” said Raskind. “That could be and ongoing revenue. A related innovations. researched the topic. R&D spending by Microsoft has Without giving details, he said where they are going with the disadvantage of licensing is that it been gradually rising since 2010, Apple, for instance, has only 197 Microsoft’s is strong. Olio deal.” can put the licensee in the reaching $12 billion in 2015, lings, says LexInnova. Wearables background when the according to market-statistics startup Fitbit (FIT) has 192 lings. What Are Microsoft’s Plans For Pratap says 700 of Microsoft’s technology succeeds in someone rm Statista. Wearables? wearables patents are based on else’s product. That is a good bit of patent activity, Microsoft’s own research. But the rami cations of Pratap points out that Microsoft’s but then again, this market is Microsoft’s wearables-patent Development costs more “According to our analysis, 49 wearables portfolio began before already generating a good bit of activity are unclear. Satya Nadella, compared with licensing and puts patents and applications (were) it had a wearables product line. revenue. who was promoted to Microsoft any failure in a company’s lap. But acquired from Tangis,” he said. The earliest relevant patents CEO two years ago, is focused on “We estimate the wearables market Microsoft acquired another seven resulted from other research the potential revenue upside is companywide strategies at $8.9 billion in wholesale device from Osterhout Group and one projects. Over time, these far larger, and the company is tied

–(24)– Contd. by Featured: Jim Nash Rana J Pratap (Principal Consultant - Technology) February 26, 2016 Contd. from page 1

was acquired from Antenova. innovations were recognized as visibly to market success. addressing the new wearables So what, if anything, is Microsoft market. While Webb says she has not had planning in wearables? any contact with Microsoft The 2014 debut of Apple’s Apple This is common for tech and regarding wearables, she feels the “I’m not necessarily watching for a Watch and the release of the manufacturing companies, he company is not likely to focus its Microsoft wearables pop-up retail Google Glass computing eyewear says. related intellectual property store next Christmas,” said Amy the prior year stamped both tech solely or even primarily on Webb, founder of technology giants as leading innovators of Microsoft Tech Licenses Built Its consumer goods like tness forecasting and strategy wearables. Business trackers. consulting rm Webbmedia Like all successful technology Except that neither Apple (AAPL) Group. innovators, Microsoft has much She said the most immediate nor Google parent Alphabet experience — good and bad — market is for business-to-business Webb and others say there are (GOOGL) is actually the leading with developing products and applications (as was the case for more lucrative, near-term markets innovator in wearables. Microsoft licensing technology. MS-DOS), and what she calls for wearables for Microsoft to (MSFT) is. “B-to-D” — business-to-doctor. exploit with its portfolio. More on The company’s rst hits were the Health-monitoring and diagnostic At least, Microsoft is No. 1 that in a moment… MS-DOS and Window operating roles for wearables are growing worldwide when looking at systems, both of which were today, and they should continue Microsoft’s intellectual-property patents for wearable-related licensed so extensively that to expand as medical wearables cache might surprise some. The technology, according to revenue in 2015,” Cli Raskind, an designed to recharge Microsoft’s Microsoft endured years of become small, inexpensive and company sells only one internally LexInnova, a patents-consulting analyst for market research rm growth. antitrust lawsuits in the U.S. and sophisticated, Webb said. developed wearable product, the rm. Strategy Analytics, told IBD. Europe. Microsoft, like any company, Band 2 tness tracker bracelet, But rival Apple is making an Microsoft has 757 wearables While some of Microsoft’s could develop products based on and executives say they will begin There have been notable failures, aggressive bid to invade health patent lings, Rana Pratap, wearables portfolio is getting old its patents, license its patents or selling eyewear called HoloLens too. Microsoft intellectual care with mobile devices and LexInnova’s principal consultant — U.S. patents last no more than both. The company last month by April. property was used to develop the HealthKit, the company’s for technology, told IBD. At least 53 20 years — Pratap says that, disclosed that it has signed 1,200 rm’s Zune digital music software platform for Plus, executives rarely discuss lings are directly related to wrist collectively, the patents remain licensing agreements of all kinds hardware. Microsoft also licensed health-related applications. Microsoft’s large overall patent devices. Another 13 are related to strong. So, Microsoft’s wearables since launching its IP licensing Zune technology. Neither portfolio. Indeed, Microsoft eyewear. patent portfolio doesn’t just have program in December 2003. One approach could save the According to Black Book Market declined to comment for this quantity, but also quality. of the most recent agreements entertainment player, which was Research, almost 70% of story. Netherlands-based Philips (PHG) is involved licensing discontinued last fall. physicians using medical apps do right behind in wearables-related LexInnova uses a proprietary wearables-related technology to so on iPhones. That is a size-14 “Whenever we do a patent intellectual property, with 756 algorithm involving about 50 Olio Devices, a niche watchmaker. Webb says developing products foot in the door for Apple. analysis like this, we nd that the wearables patents and patent factors, including patent age, the and licensing technology each biggest (technology) companies applications. Alphabet, parent of number of times a patent has “Maybe Microsoft has been have advantages and Webb says the promise of in a sector have the most patent Google, has 602 to place at No. 3, been cited in other companies’ watching what Google’s doing disadvantages. signi cant new revenue and the lings,” Pratap said, thanks to their and the patent numbers drop o patent lings, and court rejection (with technology licenses) and need to keep Apple at bay are often large precipitously from there, says of challenges to a patent, to longingly remembering their big Licensing intellectual property likely to persuade Nadella to sift research-and-development units. LexInnova, which recently judge the quality of patent (operating system) licensing typically brings modest, low-risk Microsoft’s patent portfolio for portfolios, Pratap explains. days,” said Raskind. “That could be and ongoing revenue. A related innovations. researched the topic. R&D spending by Microsoft has Without giving details, he said where they are going with the disadvantage of licensing is that it been gradually rising since 2010, Story By: Jim Nash Apple, for instance, has only 197 Microsoft’s is strong. Olio deal.” can put the licensee in the reaching $12 billion in 2015, lings, says LexInnova. Wearables background when the according to market-statistics startup Fitbit (FIT) has 192 lings. What Are Microsoft’s Plans For Pratap says 700 of Microsoft’s technology succeeds in someone rm Statista. Wearables? wearables patents are based on else’s product. That is a good bit of patent activity, Microsoft’s own research. But the rami cations of Pratap points out that Microsoft’s but then again, this market is Microsoft’s wearables-patent Development costs more “According to our analysis, 49 wearables portfolio began before already generating a good bit of activity are unclear. Satya Nadella, compared with licensing and puts patents and applications (were) it had a wearables product line. revenue. who was promoted to Microsoft any failure in a company’s lap. But acquired from Tangis,” he said. The earliest relevant patents CEO two years ago, is focused on “We estimate the wearables market Microsoft acquired another seven resulted from other research the potential revenue upside is companywide strategies at $8.9 billion in wholesale device from Osterhout Group and one projects. Over time, these far larger, and the company is tied

–(25)– byFeatured Mark Kerzner (Author): Mark Kerzner (Chief Product Architect) February5 February, 5, 2016 2016

authority (such as the FTC) in b) And yet, you can do bounty” in the form of t-shirts in eDiscovery, the mantra is Perspective: Everything is Hackable case of a breach, and they will something. First, require and free beer in the process. “Everything is discoverable,” so also increase your real security software makers to add some it is in the security world. overall. form of liability to end-user The biggest reason for Big Data In the end of 2015 and agreements, just like it works security however is human. Have procedures on “what to do However, they are not a in all other markets. Take a typical Oracle or when this information leaks.” beginning of 2016, legal panacea. As recent hacks of publications were full of c) Make a form of Safe Harbor Microsoft SQLServer But do strike the right balance SONY showed, everything and provisions applicable to administrator. He will likely have between security and sensational cybersecurity anyone can be hacked. In fact, headlines. They discussed security researchers. If they a few security courses under his convenience. Do not try to go as Kim Zetter explains in her are treated like hackers, they belt, and customary security for 100 percent in either information leaks and data excellent book “Countdown to breaches, and predicted that the will stop their community procedures in place. Take a direction. This may sound Zero Day,” there may be a research. NoSQL administrator. This will paranoid, but as Andy Grove of breaches would keep getting number of hacks by the state worse. There were also mentions d) Let the government share likely be the “devops” type of Intel said, “Only the paranoid actors that have already breach information with the developer, responsible for both survive.” of Big Data going mainstream happened, and that may be and of privacy issues which researchers, and let the coding and administration, and waiting for years to be companies responsibly share not overly concerned about By following the approach would arise as a result of this. Generally, these measures help. Jeremiah runs a protection exploited. The real game is very the breaches as well, not security. If anything, it is in his delineated above, and by Criminals must have a good racket (just kidding). He is the However, save for a few notable complex. Take, for example, this cover up on every breach way, because it stops his implementing the steps, we can ROI, or otherwise their crime founder of WhiteHat Security, a exceptions, these articles question – If the NSA nds a other than credits card software from working. at least rest assured that we did entities, who can be does not understand. The does not pay. So, once you raise company that nds web site provided little help to the bug in Windows, should it breaches which are currently everything we could. masquerading as someone else. phone calls all came from your level of defense higher, vulnerabilities and helps clients reader. They may be raising quietly use this bug for exploits required to be divulged by In a recent penetration test in Thus, one can be completely OK dierent caller IDs, but the they go somewhere else x them. In his live hacking But there is one more thing to awareness of the long-standing against their targets, or disclose law in many states. California, much of the client on privacy (by observing all the voice said the same thing, demo in Houston, Jeremiah keep in mind. To paraphrase problems, but I believe that This is standard personal advice, it to Microsoft, making for a company’s internal personnel rules and maintaining legal “Hello, world!” provided an easy talisman: keep Shakespeare once again, what the readers actually want but it demonstrates an more secure software but Security and Big Data information was tied to compliance), but still be your defenses higher than the is practical and useful This sounded like a classic important idea. In our personal allegedly less secure future? It is well-known that the MongoDB (nice, popular NoSQL Give me your hands, if we be completely insecure (for other guy, and hackers may information which is not “denial of service attack” on a life, we are quite paranoid There is a very balance in the security in Big Data is less product), which was run friends, example, by using unpatched hack someone else, not you. intended to scare but to help. human. In a heist that about being hacked. We would answer to this question. So mature than in the “small data” without even a username and versions of software). In this Cynical, but true. And Robin shall restore amends. happened a couple years ago, a get little solace in being JUST what is one to do against this world, to say the least. One password protection. Once the To achieve this, let us peel the article, we will deal primarily backdrop of everybody spying attacker gains control over that, similar attack, but on a larger compliant, and would much Exactly what should one do? reason for this is that the Robin, also known as Puck, is a cybersecurity onion layer by with security. on everybody? it is “game over” in hacker scale, was conducted while rather be hackproof. We should Matthew Nelson, an attorney security was added to Big Data mischievous spirit, sort of a layer. First of all, let us separate tools (like Hadoop and NoSQL parlance. Personal vs Enterprise money was siphoned out from try to adopt the same sense of with the security rm Symantec Before we turn to the answer, hacker in the woods. By privacy and security. While it is databases) as an afterthought. security the victim’s bank account. What paranoia in the work/enterprise corporate strategy department, let us look at what lawyers and The moral: one should pay temporarily adopting his looks true that in a data breach both Initially, Hadoop clusters were Primarily, there are two, let’s call gave us hope though is that the domain. gives sound advice. Here are lawmakers as a group can do to special attention to securing – that is, by thinking the way a privacy and security may be for friendly groups of engineers them, domains: work/enterprise attack, rst of all, has already the most important points. assure a more secure software. the Big Data part of the hacker thinks – we can help compromised, privacy lies more Security Protection – working at Yahoo, who dealt security and personal security. stopped. Moreover, it sounded a) Don’t store the data you don’t There are a few things that can organization’s software. Get a improve security. in the world of regulations, Raising the Hacker Bar with the data that was public Lawyers are human beings, and very crude, and “Hello, world” is need, and it won’t be stolen. actually be done here, if only list of Big Data tools, have them while security is associated with Basically, everything is either anyway. Understandably, such they need security, too. To a standard programming b) Require secure passwords one listens to the voice of raise a red ag once you see technology and attacks. already hacked, or can be data required very little paraphrase Shakespeare, “If you application that you write in and automate this. reason. Here they are (again, them. It may start like the list hacked. According to Jeremiah protection. More speci cally, privacy makes prick them, do they not bleed? If any new language. c) Encrypt the data at rest and thanks to Jeremiah Grossman). below. For the rest, you can Grossman, a very large sure that law-abiding, legitimate you tickle them, do they not in transit. Another reason for Big Data consult our open source, free I advised my friend to verify all proportion of all websites are What the lawyers and entities and persons have their laugh?” Let us deal with this d) Break your network into insecurity is the reliance on book, Hadoop Illuminated. his assets, not from his hacked, but “there is little one lawmakers can do as a group: “personally identi able” second domain rst, because segments, monitor who’s Hadoop being deployed within computer, but from some other can do about it. Malicious information protected. This is after all it is simpler. trying to get in and out, apply internal networks. This is a Final piece of advice device, that has not been under software is installed on these a) Legislative measure are good achieved by creating a robust this to remote access as well. common fallacy; once the As discussed above, what is a As I was writing this article, my attack; at this point he decided sites, and it tries to infect your for law abiding citizens, but framework of privacy e) Use secure software attacker is inside this network, all lawyer to do when he or she is lawyer friend called me: he was to just go directly to his bank. computer when you visit the are no protection against regulations. development practices. is open. As an experiment, we dealing with the security of a being cyber attacked. All his He will also run possible virus site. But if you write to the hackers, who usually reside have put our internal hacker on client corporation? In addition Security, on the other hand, phones were ringing at once, scanners, potentially re-image owners of the site to warn them These and other pieces of outside of their jurisdiction. attacking Hadoop, and he quickly to the technical measures, the deals with attacks by criminals, and he was getting emails in his devices (there may be a about it, they will likely think advice will help you get o the We should keep this in mind found a number of overall approach should be often remote or unknown Russian language — which he keystroke logger), etc. that you are a hacker yourself.” hook with the regulatory while enacting laws. vulnerabilities, collecting “hacker “everything is hackable.” Just as –(26)– Contd. byFeatured Mark Kerzner (Author): Mark Kerzner (Chief Product Architect) February5 February, 5, 2016 2016

authority (such as the FTC) in b) And yet, you can do bounty” in the form of t-shirts in eDiscovery, the mantra is case of a breach, and they will something. First, require and free beer in the process. “Everything is discoverable,” so also increase your real security software makers to add some it is in the security world. overall. form of liability to end-user The biggest reason for Big Data In the end of 2015 and agreements, just like it works security however is human. Have procedures on “what to do However, they are not a in all other markets. Take a typical Oracle or when this information leaks.” beginning of 2016, legal panacea. As recent hacks of publications were full of c) Make a form of Safe Harbor Microsoft SQLServer But do strike the right balance SONY showed, everything and provisions applicable to administrator. He will likely have between security and sensational cybersecurity anyone can be hacked. In fact, headlines. They discussed security researchers. If they a few security courses under his convenience. Do not try to go as Kim Zetter explains in her are treated like hackers, they belt, and customary security for 100 percent in either information leaks and data excellent book “Countdown to breaches, and predicted that the will stop their community procedures in place. Take a direction. This may sound Zero Day,” there may be a research. NoSQL administrator. This will paranoid, but as Andy Grove of breaches would keep getting number of hacks by the state worse. There were also mentions d) Let the government share likely be the “devops” type of Intel said, “Only the paranoid actors that have already breach information with the developer, responsible for both survive.” of Big Data going mainstream happened, and that may be and of privacy issues which researchers, and let the coding and administration, and waiting for years to be companies responsibly share not overly concerned about By following the approach would arise as a result of this. Generally, these measures help. Jeremiah runs a protection exploited. The real game is very the breaches as well, not security. If anything, it is in his delineated above, and by Criminals must have a good racket (just kidding). He is the However, save for a few notable complex. Take, for example, this cover up on every breach way, because it stops his implementing the steps, we can ROI, or otherwise their crime founder of WhiteHat Security, a exceptions, these articles question – If the NSA nds a other than credits card software from working. at least rest assured that we did entities, who can be does not understand. The does not pay. So, once you raise company that nds web site provided little help to the bug in Windows, should it breaches which are currently everything we could. masquerading as someone else. phone calls all came from your level of defense higher, vulnerabilities and helps clients reader. They may be raising quietly use this bug for exploits required to be divulged by In a recent penetration test in Thus, one can be completely OK dierent caller IDs, but the they go somewhere else x them. In his live hacking But there is one more thing to awareness of the long-standing against their targets, or disclose law in many states. California, much of the client on privacy (by observing all the voice said the same thing, demo in Houston, Jeremiah keep in mind. To paraphrase problems, but I believe that This is standard personal advice, it to Microsoft, making for a company’s internal personnel rules and maintaining legal “Hello, world!” provided an easy talisman: keep Shakespeare once again, what the readers actually want but it demonstrates an more secure software but Security and Big Data information was tied to compliance), but still be your defenses higher than the is practical and useful This sounded like a classic important idea. In our personal allegedly less secure future? It is well-known that the MongoDB (nice, popular NoSQL Give me your hands, if we be completely insecure (for other guy, and hackers may information which is not “denial of service attack” on a life, we are quite paranoid There is a very balance in the security in Big Data is less product), which was run friends, example, by using unpatched hack someone else, not you. intended to scare but to help. human. In a heist that about being hacked. We would answer to this question. So mature than in the “small data” without even a username and versions of software). In this Cynical, but true. And Robin shall restore amends. happened a couple years ago, a get little solace in being JUST what is one to do against this world, to say the least. One password protection. Once the To achieve this, let us peel the article, we will deal primarily backdrop of everybody spying attacker gains control over that, similar attack, but on a larger compliant, and would much Exactly what should one do? reason for this is that the Robin, also known as Puck, is a cybersecurity onion layer by with security. on everybody? it is “game over” in hacker scale, was conducted while rather be hackproof. We should Matthew Nelson, an attorney security was added to Big Data mischievous spirit, sort of a layer. First of all, let us separate tools (like Hadoop and NoSQL parlance. Personal vs Enterprise money was siphoned out from try to adopt the same sense of with the security rm Symantec Before we turn to the answer, hacker in the woods. By privacy and security. While it is databases) as an afterthought. security the victim’s bank account. What paranoia in the work/enterprise corporate strategy department, let us look at what lawyers and The moral: one should pay temporarily adopting his looks true that in a data breach both Initially, Hadoop clusters were Primarily, there are two, let’s call gave us hope though is that the domain. gives sound advice. Here are lawmakers as a group can do to special attention to securing – that is, by thinking the way a privacy and security may be for friendly groups of engineers them, domains: work/enterprise attack, rst of all, has already the most important points. assure a more secure software. the Big Data part of the hacker thinks – we can help compromised, privacy lies more Security Protection – working at Yahoo, who dealt security and personal security. stopped. Moreover, it sounded a) Don’t store the data you don’t There are a few things that can organization’s software. Get a improve security. in the world of regulations, Raising the Hacker Bar with the data that was public Lawyers are human beings, and very crude, and “Hello, world” is need, and it won’t be stolen. actually be done here, if only list of Big Data tools, have them while security is associated with Basically, everything is either anyway. Understandably, such they need security, too. To a standard programming b) Require secure passwords one listens to the voice of raise a red ag once you see technology and attacks. already hacked, or can be data required very little paraphrase Shakespeare, “If you application that you write in and automate this. reason. Here they are (again, them. It may start like the list hacked. According to Jeremiah protection. More speci cally, privacy makes prick them, do they not bleed? If any new language. c) Encrypt the data at rest and thanks to Jeremiah Grossman). below. For the rest, you can Grossman, a very large sure that law-abiding, legitimate you tickle them, do they not in transit. Another reason for Big Data consult our open source, free I advised my friend to verify all proportion of all websites are What the lawyers and entities and persons have their laugh?” Let us deal with this d) Break your network into insecurity is the reliance on book, Hadoop Illuminated. his assets, not from his hacked, but “there is little one lawmakers can do as a group: “personally identi able” second domain rst, because segments, monitor who’s Hadoop being deployed within computer, but from some other can do about it. Malicious information protected. This is after all it is simpler. trying to get in and out, apply internal networks. This is a Final piece of advice device, that has not been under software is installed on these a) Legislative measure are good achieved by creating a robust this to remote access as well. common fallacy; once the As discussed above, what is a As I was writing this article, my attack; at this point he decided sites, and it tries to infect your for law abiding citizens, but framework of privacy e) Use secure software attacker is inside this network, all lawyer to do when he or she is lawyer friend called me: he was to just go directly to his bank. computer when you visit the are no protection against regulations. development practices. is open. As an experiment, we dealing with the security of a being cyber attacked. All his He will also run possible virus site. But if you write to the hackers, who usually reside have put our internal hacker on client corporation? In addition Security, on the other hand, phones were ringing at once, scanners, potentially re-image owners of the site to warn them These and other pieces of outside of their jurisdiction. attacking Hadoop, and he quickly to the technical measures, the deals with attacks by criminals, and he was getting emails in his devices (there may be a about it, they will likely think advice will help you get o the We should keep this in mind found a number of overall approach should be often remote or unknown Russian language — which he keystroke logger), etc. that you are a hacker yourself.” hook with the regulatory while enacting laws. vulnerabilities, collecting “hacker “everything is hackable.” Just as –(27)– Contd. byFeatured Mark Kerzner (Author): Mark Kerzner (Chief Product Architect) February5 February, 5, 2016 2016 authority (such as the FTC) in b) And yet, you can do bounty” in the form of t-shirts in eDiscovery, the mantra is case of a breach, and they will something. First, require and free beer in the process. “Everything is discoverable,” so also increase your real security software makers to add some it is in the security world. overall. form of liability to end-user The biggest reason for Big Data In the end of 2015 and agreements, just like it works security however is human. Have procedures on “what to do However, they are not a in all other markets. Take a typical Oracle or when this information leaks.” beginning of 2016, legal panacea. As recent hacks of publications were full of c) Make a form of Safe Harbor Microsoft SQLServer But do strike the right balance SONY showed, everything and provisions applicable to administrator. He will likely have between security and sensational cybersecurity anyone can be hacked. In fact, headlines. They discussed security researchers. If they a few security courses under his convenience. Do not try to go as Kim Zetter explains in her are treated like hackers, they belt, and customary security for 100 percent in either information leaks and data excellent book “Countdown to breaches, and predicted that the will stop their community procedures in place. Take a direction. This may sound Zero Day,” there may be a research. NoSQL administrator. This will paranoid, but as Andy Grove of breaches would keep getting number of hacks by the state worse. There were also mentions d) Let the government share likely be the “devops” type of Intel said, “Only the paranoid actors that have already breach information with the developer, responsible for both survive.” of Big Data going mainstream happened, and that may be and of privacy issues which researchers, and let the coding and administration, and waiting for years to be companies responsibly share not overly concerned about By following the approach would arise as a result of this. Generally, these measures help. Jeremiah runs a protection exploited. The real game is very the breaches as well, not security. If anything, it is in his delineated above, and by Criminals must have a good racket (just kidding). He is the However, save for a few notable complex. Take, for example, this cover up on every breach way, because it stops his implementing the steps, we can ROI, or otherwise their crime founder of WhiteHat Security, a exceptions, these articles question – If the NSA nds a other than credits card software from working. at least rest assured that we did entities, who can be does not understand. The does not pay. So, once you raise company that nds web site provided little help to the bug in Windows, should it breaches which are currently everything we could. masquerading as someone else. phone calls all came from your level of defense higher, vulnerabilities and helps clients reader. They may be raising quietly use this bug for exploits required to be divulged by In a recent penetration test in Thus, one can be completely OK dierent caller IDs, but the they go somewhere else x them. In his live hacking But there is one more thing to awareness of the long-standing against their targets, or disclose law in many states. California, much of the client on privacy (by observing all the voice said the same thing, demo in Houston, Jeremiah keep in mind. To paraphrase problems, but I believe that This is standard personal advice, it to Microsoft, making for a company’s internal personnel rules and maintaining legal “Hello, world!” provided an easy talisman: keep Shakespeare once again, what the readers actually want but it demonstrates an more secure software but Security and Big Data information was tied to compliance), but still be your defenses higher than the is practical and useful This sounded like a classic important idea. In our personal allegedly less secure future? It is well-known that the MongoDB (nice, popular NoSQL Give me your hands, if we be completely insecure (for other guy, and hackers may information which is not “denial of service attack” on a life, we are quite paranoid There is a very balance in the security in Big Data is less product), which was run friends, example, by using unpatched hack someone else, not you. intended to scare but to help. human. In a heist that about being hacked. We would answer to this question. So mature than in the “small data” without even a username and versions of software). In this Cynical, but true. And Robin shall restore amends. happened a couple years ago, a get little solace in being JUST what is one to do against this world, to say the least. One password protection. Once the To achieve this, let us peel the article, we will deal primarily backdrop of everybody spying attacker gains control over that, similar attack, but on a larger compliant, and would much Exactly what should one do? reason for this is that the Robin, also known as Puck, is a cybersecurity onion layer by with security. on everybody? it is “game over” in hacker scale, was conducted while rather be hackproof. We should Matthew Nelson, an attorney security was added to Big Data mischievous spirit, sort of a layer. First of all, let us separate tools (like Hadoop and NoSQL parlance. Personal vs Enterprise money was siphoned out from try to adopt the same sense of with the security rm Symantec Before we turn to the answer, hacker in the woods. By privacy and security. While it is databases) as an afterthought. security the victim’s bank account. What paranoia in the work/enterprise corporate strategy department, let us look at what lawyers and The moral: one should pay temporarily adopting his looks true that in a data breach both Initially, Hadoop clusters were Primarily, there are two, let’s call gave us hope though is that the domain. gives sound advice. Here are lawmakers as a group can do to special attention to securing – that is, by thinking the way a privacy and security may be for friendly groups of engineers them, domains: work/enterprise attack, rst of all, has already the most important points. assure a more secure software. the Big Data part of the hacker thinks – we can help compromised, privacy lies more Security Protection – working at Yahoo, who dealt security and personal security. stopped. Moreover, it sounded a) Don’t store the data you don’t There are a few things that can organization’s software. Get a improve security. in the world of regulations, Raising the Hacker Bar with the data that was public Lawyers are human beings, and very crude, and “Hello, world” is need, and it won’t be stolen. actually be done here, if only list of Big Data tools, have them while security is associated with Basically, everything is either anyway. Understandably, such Story By: Mark Kerzner they need security, too. To a standard programming b) Require secure passwords one listens to the voice of raise a red ag once you see technology and attacks. already hacked, or can be data required very little paraphrase Shakespeare, “If you application that you write in and automate this. reason. Here they are (again, them. It may start like the list hacked. According to Jeremiah protection. More speci cally, privacy makes prick them, do they not bleed? If any new language. c) Encrypt the data at rest and thanks to Jeremiah Grossman). below. For the rest, you can Grossman, a very large sure that law-abiding, legitimate you tickle them, do they not in transit. Another reason for Big Data consult our open source, free I advised my friend to verify all proportion of all websites are What the lawyers and entities and persons have their laugh?” Let us deal with this d) Break your network into insecurity is the reliance on book, Hadoop Illuminated. his assets, not from his hacked, but “there is little one lawmakers can do as a group: “personally identi able” second domain rst, because segments, monitor who’s Hadoop being deployed within computer, but from some other can do about it. Malicious information protected. This is after all it is simpler. trying to get in and out, apply internal networks. This is a Final piece of advice device, that has not been under software is installed on these a) Legislative measure are good achieved by creating a robust this to remote access as well. common fallacy; once the As discussed above, what is a As I was writing this article, my attack; at this point he decided sites, and it tries to infect your for law abiding citizens, but framework of privacy e) Use secure software attacker is inside this network, all lawyer to do when he or she is lawyer friend called me: he was to just go directly to his bank. computer when you visit the are no protection against regulations. development practices. is open. As an experiment, we dealing with the security of a being cyber attacked. All his He will also run possible virus site. But if you write to the hackers, who usually reside have put our internal hacker on client corporation? In addition Security, on the other hand, phones were ringing at once, scanners, potentially re-image owners of the site to warn them These and other pieces of outside of their jurisdiction. attacking Hadoop, and he quickly to the technical measures, the deals with attacks by criminals, and he was getting emails in his devices (there may be a about it, they will likely think advice will help you get o the We should keep this in mind found a number of overall approach should be often remote or unknown Russian language — which he keystroke logger), etc. that you are a hacker yourself.” hook with the regulatory while enacting laws. vulnerabilities, collecting “hacker “everything is hackable.” Just as –(28)– byFeatured: Jennifer Elias Rahul Vijh (Director - Client Solutions) & Rana J Pratap (Principal Consultant - Technology ) February5 February, 5, 2016 2016 Apple Patent Trolls Like VirnetX May Target of the curve. An early licensing deal is almost always going to Wearables Next cost less than a litigation.”

On Thursday, a U.S. court served Lexinnova data mines all patents Apple with a $625 million litiga- led and granted for wearable tion bill after patent troll VirnetX technology and ranks them by claimed the tech giant had quality. Its most recent report on infringed on patents used in its wearable patent strength found iMessage and FaceTime services. Microsoft and Alphabet (Google) are positioned to dominate it in Now, with the fastest-growing the near future while Apple has connected device and revenue, had much lower numbers. The analysts say the wearable tech report showed that in 2014, Apple industry is looking awfully attrac- had the least amount of patents tive to patent trolls. The Apple led with 26–compared to Sam- AAPL +0.26% and Fitbit have sung which had 134 and Fitbit, already put up big numbers in the Inc. with 112. last quarter alone and at a com- pany-wide Apple meeting, Tim Nest got sued by Honeywell Cook reportedly said the Apple case are worth in a litigation.” investment decreases for because it didn’t have patents in Watch sold better during the trolls.” the thermostat space says Rana J holiday season than the iPhone He says the biggest damages will Pratap, principal consultant of did back in 2007. be driven by the wearables with But, he says pricey losses to technology at Lexinnova. “They the biggest revenues–and data. patent trolls don’t fall on the got patents in licensing agree- “The revenue from wearables is “At this point, wrist-worn health courts but the company itself. ments so that they could fend o currently not at levels which monitors continue to be the most “Courts have already been Honeywell and now they don’t translate to huge damages such favorable category of products,” doing a very good job for the have the intellectual property as this verdict, but it is growing Vijh says. “I expect patents that last ve years of making litiga- threat from them.” exponentially,” says Lexinnova‘s relate to real-time communica- tion tougher for patent trolls. intellectual property guy Rahul tion and encryption of health and However, tech companies Pratap says Fitbit, focusing more Vijh. “Combine this with the activity data to be the most valua- often do not perform the on hardware, has a higher relative ease of detecting ble in the next ve years. Thereaf- necessary due diligence to number of patents where Jaw- infringement in consumer elec- ter, patents that relate to health really understand the risk from bone has better quality of tronics and you can expect to and activity sensors will become patent trolls. They should patents. Jawbone has been in have a business environment more valuable if any fall into the proactively conduct a free- litigation with Fitbit for design most favorable to patent trolls hands of patent trolls.” dom-to-operate due diligence and trade secrets. “From an intel- within the next three years.” to steer away from known lectual property standpoint, But, he says, the multi-connected patents owned by known trolls Microsoft will be a really strong Vijh says VirnetX owns a number nature of wearables adds a layer before or shortly after the player in the patent space. Even if of very high value patents in the of complexity that may actually product is launched.” its not in the product, they do internet security space that might work in manufacturers’ favor. “As have a strong patent portfolio nd application in wearables as products become more and more Vijh advises a closer integra- that they could monetize through the win over Apple fuels more complex, patent trolls get less tion of in-house counsel and licensing and if they launch their litigation. “For companies like motivated to assert their patents. engineering teams so that all product from an IT standpoint, VirnetX, the win provides a valida- If a product requires extensive stakeholders are fully aware of they will be in a stronger footing.” tion of the patent troll business reverse engineering or technically the risk and can actively avoid model and also provides them complex discovery during a it. “If the risk cannot be avoid- with a crucial data point on how litigation, the legal costs stagger ed, they should mitigate it much patents like the ones in this up to a point where the return on through a licensing deal ahead –(29)– Contd. Featured: Rahul Vijh (Director - Client Solutions) & Rana J Pratap (Principal Consultant - Technology ) by Jennifer Elias February5 February, 5, 2016 2016

of the curve. An early licensing deal is almost always going to cost less than a litigation.”

On Thursday, a U.S. court served Lexinnova data mines all patents Apple with a $625 million litiga- led and granted for wearable tion bill after patent troll VirnetX technology and ranks them by claimed the tech giant had quality. Its most recent report on infringed on patents used in its wearable patent strength found iMessage and FaceTime services. Microsoft and Alphabet (Google) are positioned to dominate it in Now, with the fastest-growing the near future while Apple has connected device and revenue, had much lower numbers. The analysts say the wearable tech report showed that in 2014, Apple industry is looking awfully attrac- had the least amount of patents tive to patent trolls. The Apple led with 26–compared to Sam- AAPL +0.26% and Fitbit have sung which had 134 and Fitbit, already put up big numbers in the Inc. with 112. last quarter alone and at a com- pany-wide Apple meeting, Tim Nest got sued by Honeywell Cook reportedly said the Apple case are worth in a litigation.” investment decreases for because it didn’t have patents in Watch sold better during the trolls.” the thermostat space says Rana J holiday season than the iPhone He says the biggest damages will Pratap, principal consultant of did back in 2007. be driven by the wearables with But, he says pricey losses to technology at Lexinnova. “They the biggest revenues–and data. patent trolls don’t fall on the got patents in licensing agree- “The revenue from wearables is “At this point, wrist-worn health courts but the company itself. ments so that they could fend o currently not at levels which monitors continue to be the most “Courts have already been Honeywell and now they don’t translate to huge damages such favorable category of products,” doing a very good job for the have the intellectual property as this verdict, but it is growing Vijh says. “I expect patents that last ve years of making litiga- threat from them.” exponentially,” says Lexinnova‘s relate to real-time communica- tion tougher for patent trolls. intellectual property guy Rahul tion and encryption of health and However, tech companies Pratap says Fitbit, focusing more Vijh. “Combine this with the activity data to be the most valua- often do not perform the on hardware, has a higher relative ease of detecting ble in the next ve years. Thereaf- necessary due diligence to number of patents where Jaw- infringement in consumer elec- ter, patents that relate to health really understand the risk from bone has better quality of tronics and you can expect to and activity sensors will become patent trolls. They should patents. Jawbone has been in have a business environment more valuable if any fall into the proactively conduct a free- litigation with Fitbit for design most favorable to patent trolls hands of patent trolls.” dom-to-operate due diligence and trade secrets. “From an intel- within the next three years.” to steer away from known lectual property standpoint, But, he says, the multi-connected patents owned by known trolls Microsoft will be a really strong Vijh says VirnetX owns a number nature of wearables adds a layer before or shortly after the player in the patent space. Even if of very high value patents in the of complexity that may actually product is launched.” its not in the product, they do internet security space that might work in manufacturers’ favor. “As have a strong patent portfolio nd application in wearables as products become more and more Vijh advises a closer integra- that they could monetize through the win over Apple fuels more complex, patent trolls get less tion of in-house counsel and licensing and if they launch their litigation. “For companies like motivated to assert their patents. engineering teams so that all product from an IT standpoint, VirnetX, the win provides a valida- If a product requires extensive stakeholders are fully aware of they will be in a stronger footing.” tion of the patent troll business reverse engineering or technically the risk and can actively avoid Story By: Jennifer Elias model and also provides them complex discovery during a it. “If the risk cannot be avoid- with a crucial data point on how litigation, the legal costs stagger ed, they should mitigate it much patents like the ones in this up to a point where the return on through a licensing deal ahead –(30)– by FeaturedKaushal Jha (Author): Kaushal Jha (Manager - Litigation Solution) January 22, 2016 How to Kick Privileged Information Out of withholding documents in the missing or inconsistent capture potentially privileged Your Production Set production set that are privilege calls. information is essential to conceptually similar to preventing inadvertent There has been much sender and recipient fields to privileged documents. A challenge with inclusive disclosures. discussion around the find attorney and law firm emails, however, is that all prevention of inadvertent domains. Additionally, author, Clustering senders and recipients from disclosure of privilege in file name, and subject field can Clustering is an important tool the entire thread may not be litigation, but mistakes are still be filtered to identify privilege. that aids in automatic visible in one place. Individual made. Take, for example, the This is one of the most trusted grouping of documents with participants may have been case of Pilot v. Focused Retail methods to reduce the similar conceptual content. In dropped from the thread Property I, LLC, No. 09-6879, number of false hits and zero e-discovery, document somewhere along the line and 2011 WL 1238920 (N.D. Ill. Mar. in on privilege in the data set. clustering can provide a quick thus are not present in the 30, 2011). snapshot of the data and will final inclusive email. documents for determining Many search tools are capable help you visualize conceptual In this case, counsel identified privilege and responsiveness. of providing the entire list of groups of documents. One To overcome this concern, privileged documents; The technology has greatly email addresses and domains advantage of these groupings metadata-based email however, he overlooked the improved over the years, and associated with the law firms is that it allows effective threading may play an fact that his file also contained advanced features like Boolean at the very onset of the review. focusing of resources while important role. A separate a duplicate set of these connectors, proximity locators, This exercise can even help to performing privilege reviews. party field can be populated documents, with the wild card, fuzzy logic, and uncover the names of To locate privilege, you can that identifies every unique privileged and unprivileged stemming can deliver the attorneys and law firms of look for cluster titles that may email participant throughout documents intermixed. accurate and desired results. which the client was not aware indicate privilege, such as the the entire thread. This field can Counsel’s assistant copied the of during the litigation. One firm’s name, “counsel,” be used for search and set of privileged documents However, keyword searches such tool is LexInsight “confidential,” or “lawyer.” performing privilege audits. and produced it to the other should be used cautiously, as PrivCheck, which analyzes party. they may return a great sender and recipient data to Email Threading Flawless Privilege Logs number of false hits. For identify potentially privileged Email threading has become When creating privilege logs, it The magistrate judge held that example, some search terms documents. relatively common in large is imperative to include only the plaintiffs’ failure to that are generally used to discovery requests that truly privileged documents. adequately screen documents locate privileged documents Conceptual Analytics contain massive data sets for However, reviewers often err for production and to object are “legal,” “attorney,” “lawyer,” Conceptual searches work on review. The ability to view on the side of coding any to the use of privileged “privilege,” and “counsel.” These mathematical algorithms to email threads plays an integral communication between documents in a timely manner search hits may capture retrieve documents with role in e-discovery because it attorney and client as waived attorney-client documents containing similar language use or connects related messages privileged. This increases the privilege. confidential disclaimers in the concepts. The method uses that might not otherwise scope of determining privilege, footer of an email. advanced analytics ahead of appear together, thus reducing and as a result, the privileged Technology, however, can simple keyword matching the number of documents to log is premised on a flawed simplify the entire process of Metadata Filtering techniques to analyze the review. With email threading, understanding. identifying privilege, if used Privileged information is most information and determine the reviewers are able to identify wisely. In this post, we will commonly found in email conceptual meaning of the and review the latest email in Lawyers need to understand cover some of the tools you conversations between search query. Further, the a chain, which contains the that carelessness often leads can use to identify privilege attorneys and their clients, or process finds documents that entire conversation, rather to a waiver of privilege, which and avoid surprises. between other attorneys. are conceptually similar, even if than read each exchange can cause severe detriment to Metadata filtering can be used the matching document individually. Email threading a case. Having a sound Keyword Searching to extract important doesn’t contain any of the can be used as an effective framework of technology and Keyword searching is widely information from an email by same terms placed in query quality control tool to identify best practices to identify and used for culling and filtering running searches on the text. It helps in identifying and

–(31)– Contd. by Featured Kaushal Jha (Author): Kaushal Jha (Manager - Litigation Solution) January 22, 2016 Contd. from page 1

withholding documents in the missing or inconsistent capture potentially privileged production set that are privilege calls. information is essential to conceptually similar to preventing inadvertent There has been much sender and recipient fields to privileged documents. A challenge with inclusive disclosures. discussion around the find attorney and law firm emails, however, is that all Story By: Kaushal Jha prevention of inadvertent domains. Additionally, author, Clustering senders and recipients from disclosure of privilege in file name, and subject field can Clustering is an important tool the entire thread may not be litigation, but mistakes are still be filtered to identify privilege. that aids in automatic visible in one place. Individual made. Take, for example, the This is one of the most trusted grouping of documents with participants may have been case of Pilot v. Focused Retail methods to reduce the similar conceptual content. In dropped from the thread Property I, LLC, No. 09-6879, number of false hits and zero e-discovery, document somewhere along the line and 2011 WL 1238920 (N.D. Ill. Mar. in on privilege in the data set. clustering can provide a quick thus are not present in the 30, 2011). snapshot of the data and will final inclusive email. documents for determining Many search tools are capable help you visualize conceptual In this case, counsel identified privilege and responsiveness. of providing the entire list of groups of documents. One To overcome this concern, privileged documents; The technology has greatly email addresses and domains advantage of these groupings metadata-based email however, he overlooked the improved over the years, and associated with the law firms is that it allows effective threading may play an fact that his file also contained advanced features like Boolean at the very onset of the review. focusing of resources while important role. A separate a duplicate set of these connectors, proximity locators, This exercise can even help to performing privilege reviews. party field can be populated documents, with the wild card, fuzzy logic, and uncover the names of To locate privilege, you can that identifies every unique privileged and unprivileged stemming can deliver the attorneys and law firms of look for cluster titles that may email participant throughout documents intermixed. accurate and desired results. which the client was not aware indicate privilege, such as the the entire thread. This field can Counsel’s assistant copied the of during the litigation. One firm’s name, “counsel,” be used for search and set of privileged documents However, keyword searches such tool is LexInsight “confidential,” or “lawyer.” performing privilege audits. and produced it to the other should be used cautiously, as PrivCheck, which analyzes party. they may return a great sender and recipient data to Email Threading Flawless Privilege Logs number of false hits. For identify potentially privileged Email threading has become When creating privilege logs, it The magistrate judge held that example, some search terms documents. relatively common in large is imperative to include only the plaintiffs’ failure to that are generally used to discovery requests that truly privileged documents. adequately screen documents locate privileged documents Conceptual Analytics contain massive data sets for However, reviewers often err for production and to object are “legal,” “attorney,” “lawyer,” Conceptual searches work on review. The ability to view on the side of coding any to the use of privileged “privilege,” and “counsel.” These mathematical algorithms to email threads plays an integral communication between documents in a timely manner search hits may capture retrieve documents with role in e-discovery because it attorney and client as waived attorney-client documents containing similar language use or connects related messages privileged. This increases the privilege. confidential disclaimers in the concepts. The method uses that might not otherwise scope of determining privilege, footer of an email. advanced analytics ahead of appear together, thus reducing and as a result, the privileged Technology, however, can simple keyword matching the number of documents to log is premised on a flawed simplify the entire process of Metadata Filtering techniques to analyze the review. With email threading, understanding. identifying privilege, if used Privileged information is most information and determine the reviewers are able to identify wisely. In this post, we will commonly found in email conceptual meaning of the and review the latest email in Lawyers need to understand cover some of the tools you conversations between search query. Further, the a chain, which contains the that carelessness often leads can use to identify privilege attorneys and their clients, or process finds documents that entire conversation, rather to a waiver of privilege, which and avoid surprises. between other attorneys. are conceptually similar, even if than read each exchange can cause severe detriment to Metadata filtering can be used the matching document individually. Email threading a case. Having a sound Keyword Searching to extract important doesn’t contain any of the can be used as an effective framework of technology and Keyword searching is widely information from an email by same terms placed in query quality control tool to identify best practices to identify and used for culling and filtering running searches on the text. It helps in identifying and

–(32)– Featured:by Kristy Doukas Nasir Ali (Manager - Litigation Solution) January 07, 2016 Litigation Service Providers Share Their e-Discovery Resolutions This week on the blog, we’re costs, meeting production asking practitioners from deadlines, and often across the e-discovery bickering over community to share their proportionality. In the New professional resolutions with Year, we as collective other Relativity blog members of the e-discovery subscribers. community should strive to shift the focus of Earlier this week, we shared e-discovery back to its true some New Year’s e-discovery purpose—identifying facts resolutions from friends at a and information that will handful of law rms. Today, reveal the truth in a matter. we’re asking litigation service Even if we partially succeed providers what their in doing this, I think we’ll be teams—and the industry as a able to make everyone whole—should resolve to more thankful for accomplish in 2016. e-discovery’s existence. Nasir Ali, manager, litigation Story By: Kristy Doukas solutions at LexInnova “With the rate at which data has grown over the past years, e-discovery has started to become a burdensome prospect for litigators and clients alike. This has resulted in e-discovery becoming increasingly process oriented, with our prime focus shifting to increasing e ciency, lowering

–(33)– ByFeatured Mark Kerzner (Author): Mark Kerzner (Chief Product Architect) November 3, 2015

but on word frequencies and other their applications in law still have a long the transcripts of the Canadian parliament. future legal battles the success will be Why Lawyers Should Care About Big Data similar measures. way to go. The eort showed much promise but could strongly inuenced by the analytics tools not reach more than 80-85% accuracy. It that the parties will use, and by their Training in machine learning Arti cial Intelligence exempli ed “small data” thinking: using aptitude of applying these tools to the The term “Big Data” is so pervasive and so explanation of why it is called this way. Before we proceed to arti cial intelligence, Arti cial Intelligence, or AI, is broader small but clean and veri ed data to matter at hand. full of unknowns that it often sounds like The fact that we need to manually label we need to touch on “training.” In machine than machine learning. It deals with produce the algorithms. learning, “training” means labeling the data logical reasoning and with rules that “Boo! Data!” Along these lines, you nd all emails makes it “supervised” machine Current leader in machine translation, with desired classi cation. For example, in humans use. It tries to imitate what articles that talk about scary learning. The real algorithm is more Google, took the Big Data approach. They the case of spam detection, it means humans do, or to emulate it, while using repercussions of Big Data for law, starting complex, and the points are in a have also used the NLP, but they added with the fact that much more data will be multi-dimensional space. (In real life assigning the category of “spam” or “not perhaps a dierent way of achieving it we need to convert them to numbers. One statistical methods, and the training set of available for collection, and ending with spam detection is usually done with spam” to each of the emails which we use than humans. of the ways of doing this is based on term data was all world’s data. The result is industries being ruined in the wake of another algorithm, called Naive Bayes, to “train” our system. Training also includes frequency. Let us say a document of a Machine learning is usually considered well-known as automation. On the other extreme, you but SVM provides a very good example nding the parameters which will best hundred words has the word “contract” part of AI, and AI may use some machine https://translate.google.com/. It also shows nd optimistic articles vaguely claiming and illustration). approximate our classi cation. For example, occurring ten times in it. The frequency of learning algorithms as part of a speci c another Big Data trait: it learns from the that “Big Data will solve all our problems,” in the case of spam, it would be that red As you can see, the idea is pretty simple this term is 10%. This is pretty high, and we solution. A classical example of AI is IBM’s users’ critique of incorrect translations. including Facebook outages and those line that separates the two groups of though, and it works surprisingly well. might think that the document is about Deep Blue chess champion, and lately it is that we even know not of. Very often be.” Secondly, I only went back for a year. If points. turns out, the most robust systems involve We all know that the spam lters today contracts. However, we must also consider Dr. Watson, a system that won over these extremes are due to lack of clear we took the prior year into account, we a combination of NLP and advanced are pretty good. What is unexpected is the overall frequency of the term “contract” In case of legal review, training may include human champions in playing the understanding of what Big Data is, and might have come up with a cyclical curve machine learning. Google has recently that the same idea can be used to in the complete collection of our selecting say 10% of the complete Jeopardy game. Dr. Watson combined the how it relates to legal industry. prediction, resulting in a dierent possible published an article on how this is done. If “predict” whether a given document will document set and allowing a group of reading of all Wikipedia and search outcome. documents. Say, for example, that the you remember, machine learning human reviewers to label them as “relevant” technology with the latest in Natural In this article I will de ne exactly — and be privileged or no, and can form a basis overall frequency of the word “contract” in algorithms which were used for text I have intentionally oversimpli ed. Machine or “not relevant”, perhaps “hot” or “not hot”, Language Processing and some machine with examples — what is machine for automated privilege review. our collection is only 5%. Then this analysis ignored word order. Google learning, what is arti cial intelligence, learning really deals with more complex document indeed stands out as a and so on. Then we “train” the model, and learning. It is de nitely AI, and this Privileged document is one that is researchers suggested an algorithms that and how they are relevant to the data. For example, it may want to consider “contract-related.” allow the computer to complete the technology is now oered in the IBM protected from disclosure during would take the word order and the context problems that lawyers face. This will not just the month and the backlog size, classi cation for the remaining 90% of the cloud. eDiscovery. There are a few reasons for it In the same way, we can compute these into account. They called it “Paragraph allow the reader to judge for herself and but also the number of examiners. This collection. to be privileged: communication frequencies for all words in all documents. So, how does AI work? As one example Vectors” (see diagram) to indicate that the to form an opinion on what they portend would give us a three-dimensional chart, between lawyer and client is the most To make it sound more scienti c, this Apart from the machine learning let’s take grammar analysis. AI algorithms analysis is on the level of whole paragraphs. for the legal industry. and a two-dimensional plane to common, but there are also others, such considerations above, this training raises detect verbs and nouns, sentences and This approach is implemented in machine approximate the trend. Or it may deal with calculation is called TF-IDF, or “term as doctor-patient and husband-wife two questions: sentence structure, and can attempt to translation and it beats all other known Machine learning four or more dimensions. frequency – inverse document frequency”, formulate the meaning of the text. One of algorithms. “Machine learning” grew out of statistics. privileges. Finding out whether a certain and more complex frequency formulas are The reviewers have seen just a small Finding the best approximation will then be the tools that the AI researchers use is a For example, if we take a Patent email is privileged is the same yes-or-no used. subset of all the documents, chosen What does this mean for the legal industry? harder than just tting a line to a few tool called “General Architecture for Text Application Backlog from the USPTO site decision as spam-or-not classi cation, perhaps at random. Should they see the points. It will require a computational The questions now becomes, how close is Engineering,” or GATE. My goal in this article was to show exactly and draw a straight line approximating and can be solved with the same complete selection, they might have algorithm. These algorithms are are this to document understanding? I think what machine learning is, and what its the last year numbers, we can “predict” machine learning called Support Vector labeled the training set dierently. that you will conclude with me that it is far. limitations are. Then we looked at AI, with that by the end of 2015 the backlog will grouped in the area called “mathematical Machines as above. optimization.” Thus, machine learning is a We are just computing some statistics, and The training set might not be its promises. Now let me formulate my be around 530,000 to 550,000 However, don’t get your hopes up too combination of advanced statistics and declare documents similar if they have representative of the complete conclusions. applications. high as yet. Even if you were to have a mathematical optimization. Nevertheless, similar statistics. document set. That means that the huge training set — and spam lters Most of the current TAR (technology the picture above will be always helpful. This solution leaves statisticians and data directions that the computer receives have a very large large ones, and still get assisted review) in eDiscovery implements scientists quite happy, because it is elegant during this training will be incomplete things wrong sometimes — you can existing machine learning algorithms. This A “yes” or “no” decision and familiar to them, but lawyers may and may result in incorrect only promise a “high probability”. One is helpful but limited, and to achieve the Now let us look at an example of real understandably remain distrustful. The classi cation. can argue that humans make even more best possible results it helps to have the machine learning. Say we are looking for a solution does not explain why and how it mistakes than this, but the fact remains The promise of machine learning assistance of a data scientist. way to lter out spam emails. We can start arrived at the result. Even from the In this screenshot GATE show the dates, that machine learning does not really Please don’t get me wrong. Mathematically by collecting a good number of emails mathematical point of view it leaves people, organizations, locations and Arti cial Intelligence approach requires “understand” the documents. It does not the model is correct, and we can always tell (they will be called a training set), and by something to be desired. If three words, sentences that it has detected. You can more work, and results in systems for very even imitate this. It is just using statistics the lawyers that “if you want a better manually marking those that are spam. “powerful,” “strong” and “Paris” occur in the immediately see that this approach aims speci c applications. However, it allows to come up with a good probability quality, expressed as probability of correct Now we need to describe emails by using same document, our method sees that as at understanding, or at least imitating unprecedented precision, such as Google estimate. classi cation, choose a bigger training set.” attributes, such as the length of the email, equally distant, although the rst two are understanding, and is very promising. machine translation. the presence and frequently used keywords much closer together. Moreover, the order GATE is still based on rules, without an Converting documents to numbers Machine learning is useful and it is the best The most prominent part of AI applicable to indicating spam, place of origination, etc. of words is completely lost. A nonsensical admixture of statistics. There are other methods of machine oering that we have available. There are legal problems is called text analytics. The Usually you nd a few dozen of such document with the same words that are all learning. For example a common request many more algorithms in machine learning Pure Natural Language Processing, or NLP, greatest quality here comes from characteristics, which can be expressed by a mixed up with look in every way the same in legal document review is “give me than the examples I have shown. You can algorithms have their own problems. combining the NLP with statistical analysis, number. And then we need to nd a “line of as the original document. We will be back more documents like this.” This is further improve it by having people They require more work than machine machine learning and using all data (Big separation,” which is drawn in such a way to these problems with machine learning accomplished in the following way: all knowledgeable in machine learning help learning, and they are usually targeted at Data) as training sets. that all spam emails will stay on one side of later, but for now we can conclude that documents are “clustered,” that is, you with your data analytics and with the very speci c applications. Moreover, they the line, and the good emails will be on the The amount of data available for eDiscovery assigned to groups of similar Machine learning is based on statistics use of the existing tools. are still fragile. Why? Let me give an other. example. and analysis continues to grow. One is hard documents. More documents are pressed to do review without the use of the This “simple” approach has a pretty Machine learning is an art, and can be However, I hope that in the examples above How accurate is such prediction? It provided from the cluster to which the The early attempt at machine translation analytics tools, and will need these tools complicated name: Support Vector applied dierently to by dierent people, you can also see its limitation. Everybody depends on two factors. Firstly, it current one belongs was undertaken by IBM in 2008. They even more in the near future. Just as in a Machines (SVM). Even experts need an leading to dierent results will agree that the computers have the assumes that “what was is what will have used a few million of veri ed regular war, where the quality of one’s In order to measure document similarity, potential of getting ever smarter, and that It is not based on linguistic information English/French parallel texts taken from weapons is of extreme importance, so in Contd. –(34)– ByFeatured Mark Kerzner (Author): Mark Kerzner (Chief Product Architect) November 3, 2015

but on word frequencies and other their applications in law still have a long the transcripts of the Canadian parliament. future legal battles the success will be similar measures. way to go. The eort showed much promise but could strongly inuenced by the analytics tools not reach more than 80-85% accuracy. It that the parties will use, and by their Training in machine learning Arti cial Intelligence exempli ed “small data” thinking: using aptitude of applying these tools to the The term “Big Data” is so pervasive and so explanation of why it is called this way. Before we proceed to arti cial intelligence, Arti cial Intelligence, or AI, is broader small but clean and veri ed data to matter at hand. full of unknowns that it often sounds like The fact that we need to manually label we need to touch on “training.” In machine than machine learning. It deals with produce the algorithms. learning, “training” means labeling the data logical reasoning and with rules that “Boo! Data!” Along these lines, you nd all emails makes it “supervised” machine Current leader in machine translation, with desired classi cation. For example, in humans use. It tries to imitate what articles that talk about scary learning. The real algorithm is more Google, took the Big Data approach. They the case of spam detection, it means humans do, or to emulate it, while using repercussions of Big Data for law, starting complex, and the points are in a have also used the NLP, but they added with the fact that much more data will be multi-dimensional space. (In real life assigning the category of “spam” or “not perhaps a dierent way of achieving it we need to convert them to numbers. One statistical methods, and the training set of available for collection, and ending with spam detection is usually done with spam” to each of the emails which we use than humans. of the ways of doing this is based on term data was all world’s data. The result is industries being ruined in the wake of another algorithm, called Naive Bayes, to “train” our system. Training also includes frequency. Let us say a document of a Machine learning is usually considered well-known as automation. On the other extreme, you but SVM provides a very good example nding the parameters which will best hundred words has the word “contract” part of AI, and AI may use some machine https://translate.google.com/. It also shows nd optimistic articles vaguely claiming and illustration). approximate our classi cation. For example, occurring ten times in it. The frequency of learning algorithms as part of a speci c another Big Data trait: it learns from the that “Big Data will solve all our problems,” in the case of spam, it would be that red As you can see, the idea is pretty simple this term is 10%. This is pretty high, and we solution. A classical example of AI is IBM’s users’ critique of incorrect translations. including Facebook outages and those line that separates the two groups of though, and it works surprisingly well. might think that the document is about Deep Blue chess champion, and lately it is that we even know not of. Very often be.” Secondly, I only went back for a year. If points. turns out, the most robust systems involve We all know that the spam lters today contracts. However, we must also consider Dr. Watson, a system that won over these extremes are due to lack of clear we took the prior year into account, we a combination of NLP and advanced are pretty good. What is unexpected is the overall frequency of the term “contract” In case of legal review, training may include human champions in playing the understanding of what Big Data is, and might have come up with a cyclical curve machine learning. Google has recently that the same idea can be used to in the complete collection of our selecting say 10% of the complete Jeopardy game. Dr. Watson combined the how it relates to legal industry. prediction, resulting in a dierent possible published an article on how this is done. If “predict” whether a given document will document set and allowing a group of reading of all Wikipedia and search outcome. documents. Say, for example, that the you remember, machine learning human reviewers to label them as “relevant” technology with the latest in Natural In this article I will de ne exactly — and be privileged or no, and can form a basis overall frequency of the word “contract” in algorithms which were used for text I have intentionally oversimpli ed. Machine or “not relevant”, perhaps “hot” or “not hot”, Language Processing and some machine with examples — what is machine for automated privilege review. our collection is only 5%. Then this analysis ignored word order. Google learning, what is arti cial intelligence, learning really deals with more complex document indeed stands out as a and so on. Then we “train” the model, and learning. It is de nitely AI, and this Privileged document is one that is researchers suggested an algorithms that and how they are relevant to the data. For example, it may want to consider “contract-related.” allow the computer to complete the technology is now oered in the IBM protected from disclosure during would take the word order and the context problems that lawyers face. This will not just the month and the backlog size, classi cation for the remaining 90% of the cloud. eDiscovery. There are a few reasons for it In the same way, we can compute these into account. They called it “Paragraph allow the reader to judge for herself and but also the number of examiners. This collection. to be privileged: communication frequencies for all words in all documents. So, how does AI work? As one example Vectors” (see diagram) to indicate that the to form an opinion on what they portend would give us a three-dimensional chart, between lawyer and client is the most To make it sound more scienti c, this Apart from the machine learning let’s take grammar analysis. AI algorithms analysis is on the level of whole paragraphs. for the legal industry. and a two-dimensional plane to common, but there are also others, such considerations above, this training raises detect verbs and nouns, sentences and This approach is implemented in machine approximate the trend. Or it may deal with calculation is called TF-IDF, or “term as doctor-patient and husband-wife two questions: sentence structure, and can attempt to translation and it beats all other known Machine learning four or more dimensions. frequency – inverse document frequency”, formulate the meaning of the text. One of algorithms. “Machine learning” grew out of statistics. privileges. Finding out whether a certain and more complex frequency formulas are The reviewers have seen just a small Finding the best approximation will then be 1 the tools that the AI researchers use is a For example, if we take a Patent email is privileged is the same yes-or-no used. subset of all the documents, chosen What does this mean for the legal industry? harder than just tting a line to a few tool called “General Architecture for Text Application Backlog from the USPTO site decision as spam-or-not classi cation, perhaps at random. Should they see the points. It will require a computational The questions now becomes, how close is Engineering,” or GATE. My goal in this article was to show exactly and draw a straight line approximating and can be solved with the same complete selection, they might have algorithm. These algorithms are are this to document understanding? I think what machine learning is, and what its the last year numbers, we can “predict” machine learning called Support Vector labeled the training set dierently. that you will conclude with me that it is far. limitations are. Then we looked at AI, with that by the end of 2015 the backlog will grouped in the area called “mathematical Machines as above. optimization.” Thus, machine learning is a We are just computing some statistics, and 2 The training set might not be its promises. Now let me formulate my be around 530,000 to 550,000 However, don’t get your hopes up too combination of advanced statistics and declare documents similar if they have representative of the complete conclusions. applications. high as yet. Even if you were to have a mathematical optimization. Nevertheless, similar statistics. document set. That means that the huge training set — and spam lters Most of the current TAR (technology the picture above will be always helpful. This solution leaves statisticians and data directions that the computer receives have a very large large ones, and still get assisted review) in eDiscovery implements scientists quite happy, because it is elegant during this training will be incomplete things wrong sometimes — you can existing machine learning algorithms. This A “yes” or “no” decision and familiar to them, but lawyers may and may result in incorrect only promise a “high probability”. One is helpful but limited, and to achieve the Now let us look at an example of real understandably remain distrustful. The classi cation. can argue that humans make even more best possible results it helps to have the machine learning. Say we are looking for a solution does not explain why and how it mistakes than this, but the fact remains The promise of machine learning assistance of a data scientist. way to lter out spam emails. We can start arrived at the result. Even from the In this screenshot GATE show the dates, that machine learning does not really Please don’t get me wrong. Mathematically by collecting a good number of emails mathematical point of view it leaves people, organizations, locations and Arti cial Intelligence approach requires “understand” the documents. It does not the model is correct, and we can always tell (they will be called a training set), and by something to be desired. If three words, sentences that it has detected. You can more work, and results in systems for very even imitate this. It is just using statistics the lawyers that “if you want a better manually marking those that are spam. “powerful,” “strong” and “Paris” occur in the immediately see that this approach aims speci c applications. However, it allows to come up with a good probability quality, expressed as probability of correct Now we need to describe emails by using same document, our method sees that as at understanding, or at least imitating unprecedented precision, such as Google estimate. classi cation, choose a bigger training set.” attributes, such as the length of the email, equally distant, although the rst two are understanding, and is very promising. machine translation. the presence and frequently used keywords much closer together. Moreover, the order GATE is still based on rules, without an Converting documents to numbers Machine learning is useful and it is the best The most prominent part of AI applicable to indicating spam, place of origination, etc. of words is completely lost. A nonsensical admixture of statistics. There are other methods of machine oering that we have available. There are legal problems is called text analytics. The Usually you nd a few dozen of such document with the same words that are all learning. For example a common request many more algorithms in machine learning Pure Natural Language Processing, or NLP, greatest quality here comes from characteristics, which can be expressed by a mixed up with look in every way the same in legal document review is “give me than the examples I have shown. You can algorithms have their own problems. combining the NLP with statistical analysis, number. And then we need to nd a “line of as the original document. We will be back more documents like this.” This is further improve it by having people They require more work than machine machine learning and using all data (Big separation,” which is drawn in such a way to these problems with machine learning accomplished in the following way: all knowledgeable in machine learning help learning, and they are usually targeted at Data) as training sets. that all spam emails will stay on one side of later, but for now we can conclude that documents are “clustered,” that is, you with your data analytics and with the very speci c applications. Moreover, they the line, and the good emails will be on the The amount of data available for eDiscovery assigned to groups of similar Machine learning is based on statistics use of the existing tools. are still fragile. Why? Let me give an other. example. and analysis continues to grow. One is hard documents. More documents are pressed to do review without the use of the This “simple” approach has a pretty Machine learning is an art, and can be However, I hope that in the examples above How accurate is such prediction? It provided from the cluster to which the The early attempt at machine translation analytics tools, and will need these tools complicated name: Support Vector applied dierently to by dierent people, you can also see its limitation. Everybody depends on two factors. Firstly, it current one belongs was undertaken by IBM in 2008. They even more in the near future. Just as in a Machines (SVM). Even experts need an leading to dierent results will agree that the computers have the assumes that “what was is what will have used a few million of veri ed regular war, where the quality of one’s In order to measure document similarity, potential of getting ever smarter, and that It is not based on linguistic information English/French parallel texts taken from weapons is of extreme importance, so in Contd. –(35)– ByFeatured Mark Kerzner (Author): Mark Kerzner (Chief Product Architect) November 3, 2015 but on word frequencies and other their applications in law still have a long the transcripts of the Canadian parliament. future legal battles the success will be similar measures. way to go. The eort showed much promise but could strongly inuenced by the analytics tools not reach more than 80-85% accuracy. It that the parties will use, and by their Training in machine learning Arti cial Intelligence exempli ed “small data” thinking: using aptitude of applying these tools to the The term “Big Data” is so pervasive and so explanation of why it is called this way. Before we proceed to arti cial intelligence, Arti cial Intelligence, or AI, is broader small but clean and veri ed data to matter at hand. full of unknowns that it often sounds like The fact that we need to manually label we need to touch on “training.” In machine than machine learning. It deals with produce the algorithms. learning, “training” means labeling the data logical reasoning and with rules that Story By: Mark Kerzner “Boo! Data!” Along these lines, you nd all emails makes it “supervised” machine Current leader in machine translation, with desired classi cation. For example, in humans use. It tries to imitate what articles that talk about scary learning. The real algorithm is more Google, took the Big Data approach. They the case of spam detection, it means humans do, or to emulate it, while using repercussions of Big Data for law, starting complex, and the points are in a have also used the NLP, but they added with the fact that much more data will be multi-dimensional space. (In real life assigning the category of “spam” or “not perhaps a dierent way of achieving it we need to convert them to numbers. One statistical methods, and the training set of available for collection, and ending with spam detection is usually done with spam” to each of the emails which we use than humans. of the ways of doing this is based on term data was all world’s data. The result is industries being ruined in the wake of another algorithm, called Naive Bayes, to “train” our system. Training also includes frequency. Let us say a document of a Machine learning is usually considered well-known as automation. On the other extreme, you but SVM provides a very good example nding the parameters which will best hundred words has the word “contract” part of AI, and AI may use some machine https://translate.google.com/. It also shows nd optimistic articles vaguely claiming and illustration). approximate our classi cation. For example, occurring ten times in it. The frequency of learning algorithms as part of a speci c another Big Data trait: it learns from the that “Big Data will solve all our problems,” in the case of spam, it would be that red As you can see, the idea is pretty simple this term is 10%. This is pretty high, and we solution. A classical example of AI is IBM’s users’ critique of incorrect translations. including Facebook outages and those line that separates the two groups of though, and it works surprisingly well. might think that the document is about Deep Blue chess champion, and lately it is that we even know not of. Very often be.” Secondly, I only went back for a year. If points. turns out, the most robust systems involve We all know that the spam lters today contracts. However, we must also consider Dr. Watson, a system that won over these extremes are due to lack of clear we took the prior year into account, we a combination of NLP and advanced are pretty good. What is unexpected is the overall frequency of the term “contract” In case of legal review, training may include human champions in playing the understanding of what Big Data is, and might have come up with a cyclical curve machine learning. Google has recently that the same idea can be used to in the complete collection of our selecting say 10% of the complete Jeopardy game. Dr. Watson combined the how it relates to legal industry. prediction, resulting in a dierent possible published an article on how this is done. If “predict” whether a given document will document set and allowing a group of reading of all Wikipedia and search outcome. documents. Say, for example, that the you remember, machine learning human reviewers to label them as “relevant” technology with the latest in Natural In this article I will de ne exactly — and be privileged or no, and can form a basis overall frequency of the word “contract” in algorithms which were used for text I have intentionally oversimpli ed. Machine or “not relevant”, perhaps “hot” or “not hot”, Language Processing and some machine with examples — what is machine for automated privilege review. our collection is only 5%. Then this analysis ignored word order. Google learning, what is arti cial intelligence, learning really deals with more complex document indeed stands out as a and so on. Then we “train” the model, and learning. It is de nitely AI, and this Privileged document is one that is researchers suggested an algorithms that and how they are relevant to the data. For example, it may want to consider “contract-related.” allow the computer to complete the technology is now oered in the IBM protected from disclosure during would take the word order and the context problems that lawyers face. This will not just the month and the backlog size, classi cation for the remaining 90% of the cloud. eDiscovery. There are a few reasons for it In the same way, we can compute these into account. They called it “Paragraph allow the reader to judge for herself and but also the number of examiners. This collection. to be privileged: communication frequencies for all words in all documents. So, how does AI work? As one example Vectors” (see diagram) to indicate that the to form an opinion on what they portend would give us a three-dimensional chart, between lawyer and client is the most To make it sound more scienti c, this Apart from the machine learning let’s take grammar analysis. AI algorithms analysis is on the level of whole paragraphs. for the legal industry. and a two-dimensional plane to common, but there are also others, such considerations above, this training raises detect verbs and nouns, sentences and This approach is implemented in machine approximate the trend. Or it may deal with calculation is called TF-IDF, or “term as doctor-patient and husband-wife two questions: sentence structure, and can attempt to translation and it beats all other known Machine learning four or more dimensions. frequency – inverse document frequency”, formulate the meaning of the text. One of algorithms. “Machine learning” grew out of statistics. privileges. Finding out whether a certain and more complex frequency formulas are The reviewers have seen just a small Finding the best approximation will then be the tools that the AI researchers use is a For example, if we take a Patent email is privileged is the same yes-or-no used. subset of all the documents, chosen What does this mean for the legal industry? harder than just tting a line to a few tool called “General Architecture for Text Application Backlog from the USPTO site decision as spam-or-not classi cation, perhaps at random. Should they see the points. It will require a computational The questions now becomes, how close is Engineering,” or GATE. My goal in this article was to show exactly and draw a straight line approximating and can be solved with the same complete selection, they might have algorithm. These algorithms are are this to document understanding? I think what machine learning is, and what its the last year numbers, we can “predict” machine learning called Support Vector labeled the training set dierently. that you will conclude with me that it is far. limitations are. Then we looked at AI, with that by the end of 2015 the backlog will grouped in the area called “mathematical Machines as above. optimization.” Thus, machine learning is a We are just computing some statistics, and The training set might not be its promises. Now let me formulate my be around 530,000 to 550,000 However, don’t get your hopes up too combination of advanced statistics and declare documents similar if they have representative of the complete conclusions. applications. high as yet. Even if you were to have a mathematical optimization. Nevertheless, similar statistics. document set. That means that the huge training set — and spam lters Most of the current TAR (technology the picture above will be always helpful. This solution leaves statisticians and data directions that the computer receives have a very large large ones, and still get assisted review) in eDiscovery implements scientists quite happy, because it is elegant during this training will be incomplete things wrong sometimes — you can existing machine learning algorithms. This A “yes” or “no” decision and familiar to them, but lawyers may and may result in incorrect only promise a “high probability”. One is helpful but limited, and to achieve the Now let us look at an example of real understandably remain distrustful. The classi cation. can argue that humans make even more best possible results it helps to have the machine learning. Say we are looking for a solution does not explain why and how it mistakes than this, but the fact remains The promise of machine learning assistance of a data scientist. way to lter out spam emails. We can start arrived at the result. Even from the In this screenshot GATE show the dates, that machine learning does not really Please don’t get me wrong. Mathematically by collecting a good number of emails mathematical point of view it leaves people, organizations, locations and Arti cial Intelligence approach requires “understand” the documents. It does not the model is correct, and we can always tell (they will be called a training set), and by something to be desired. If three words, sentences that it has detected. You can more work, and results in systems for very even imitate this. It is just using statistics the lawyers that “if you want a better manually marking those that are spam. “powerful,” “strong” and “Paris” occur in the immediately see that this approach aims speci c applications. However, it allows to come up with a good probability quality, expressed as probability of correct Now we need to describe emails by using same document, our method sees that as at understanding, or at least imitating unprecedented precision, such as Google estimate. classi cation, choose a bigger training set.” attributes, such as the length of the email, equally distant, although the rst two are understanding, and is very promising. machine translation. the presence and frequently used keywords much closer together. Moreover, the order GATE is still based on rules, without an Converting documents to numbers Machine learning is useful and it is the best The most prominent part of AI applicable to indicating spam, place of origination, etc. of words is completely lost. A nonsensical admixture of statistics. There are other methods of machine oering that we have available. There are legal problems is called text analytics. The Usually you nd a few dozen of such document with the same words that are all learning. For example a common request many more algorithms in machine learning Pure Natural Language Processing, or NLP, greatest quality here comes from characteristics, which can be expressed by a mixed up with look in every way the same in legal document review is “give me than the examples I have shown. You can algorithms have their own problems. combining the NLP with statistical analysis, number. And then we need to nd a “line of as the original document. We will be back more documents like this.” This is further improve it by having people They require more work than machine machine learning and using all data (Big separation,” which is drawn in such a way to these problems with machine learning accomplished in the following way: all knowledgeable in machine learning help learning, and they are usually targeted at Data) as training sets. that all spam emails will stay on one side of later, but for now we can conclude that documents are “clustered,” that is, you with your data analytics and with the very speci c applications. Moreover, they the line, and the good emails will be on the The amount of data available for eDiscovery assigned to groups of similar Machine learning is based on statistics use of the existing tools. are still fragile. Why? Let me give an other. example. and analysis continues to grow. One is hard documents. More documents are pressed to do review without the use of the This “simple” approach has a pretty Machine learning is an art, and can be However, I hope that in the examples above How accurate is such prediction? It provided from the cluster to which the The early attempt at machine translation analytics tools, and will need these tools complicated name: Support Vector applied dierently to by dierent people, you can also see its limitation. Everybody depends on two factors. Firstly, it current one belongs was undertaken by IBM in 2008. They even more in the near future. Just as in a Machines (SVM). Even experts need an leading to dierent results will agree that the computers have the assumes that “what was is what will have used a few million of veri ed regular war, where the quality of one’s In order to measure document similarity, potential of getting ever smarter, and that It is not based on linguistic information English/French parallel texts taken from weapons is of extreme importance, so in

–(36)– by KaushalFeatured Jha (Author): Kaushal Jha (Manager - Litigation Solution) OCTOBEROctober 16, 2015

5. Changing Face of responsibilities and should avoid reviews. It is equally important to Technological change may be a predator Personal Communication: social networking sites for sharing design a battery of searches to any business communication. With identify potentially privileged for privilege claims in litigation Landline telephones, in-person extensive training of on handling information in a review database. meetings and mails were amongst and protection of con dential The in-house counsel must assess While technological change have always presented multitudinous challenges, corporations the natural choices for an attorney information, unauthorized the underlying subject matter and and in-house counsel are nding it increasingly dicult to defend and preserve for having con dential discussions. disclosures of con dential privileged apply logical thinking in deciding privilege information. With the technology reaching to new information can be averted. the approach for privilege review heights, instant messaging, emails, i.e. manual or predictive coding or The recent transformations in There are no rules that prohibit the ability to ensure that the data and other forms of digital • It is important to validate the a mix of both. technology have troubled the use or posting of information on stored is safe and will not be communications are being security measures of a cloud service corporations and in-house counsel as social networking websites, but a accessed by third parties. There is extensively used by clients. provider, rather than relying solely • Corporations should set up an there has been a seismic change in counsel should be well aware of the always a risk of uncertainty of Corporations are increasingly using on assertions or contractual on-site social network the way people communicate across implications that it may bring on a applicable jurisdiction as the data and expecting their in-house counsel commitments. The corporations and environment that streamlines the globe. While technological case or a legal dispute. gets stored at multiple locations. to use dierent forms of in-house counsel should decide communication among change have always presented Privileged information does not communications without beforehand the nature of ESI that co-workers at workplace that multitudinous challenges, 2. Mobile Devices and lose its character if it is shared via acknowledging and assessing the needs to be stored on cloud. provides a more secure and corporations and in-house counsel Wireless Access the cloud, but the exposure of threats and risks these mediums Communications which are highly robust system to communicate are nding it increasingly dicult to such information may lead to pose at the present time. sensitive and contains legal advices with in-house counsel. Mobile devices have become an defend and preserve privilege waiver of a privilege claim. should be excluded from the list and integral part of an in-house counsel’s information. The rationale of privilege 6. Exponential Growth of should on oSSnsite locations. • The best practice is to place the day to day practice which involves rule is to enable the client and its 4. BYOD: Information: notice “PRIVILEGED AND continued use of email, web attorney communicate • The BYOD are clearly de ned and CONFIDENTIAL” on the top of any browsers, calendars and contacts. BYOD (Bring your own device unequivocally, without an The discussion around growth of outlines the rules and regulations for document that contains These devices may contain privileged policies) policy was adapted to apprehension of losing such critical information and data has been a using personal devices at workplace. privileged information. Placing informatitn and there is always an meet the emerging needs of information to a third party. With the talking point for quite some time. A There must be a precondition for privilege designation at the associated risk of losing or businesses and provide explosion of digital evidence, study performed by IBM, revealed using personal devices at workplace bottom of the document may inadvertently disclosing such around-the-clock access to identifying and maintaining the that 2.5 quintillion bytes of data were such as minimum security involve risk of getting it read by con dential information business information. The security privileged information has turned generated every day in 2012 and 90 requirement and company approved unintended recipients. to third parties. threat is continually evolving with out to be a dissuading task for an percent of the data in the world was security software. The other the invasion of electronic devices, created in the last two years. The in-house counsel. It has become a common habit these remedial measures are: • Missing privileged information from laptops to smartphones and scope and location of potentially days to connect smartphones, tablet should not be viewed as a sin. There are several risks and pitfalls of tablets, in the workplace. privileged materials have widened or laptops to public Wi-Fi. The • Restrictive rights to the users to Even the courts and opposing technological change which are Privileged information can also be and the burden of sorting and chances of a wireless network getting access information that are classi ed parties understand that privileged summarized below: lost through injudicious manner, nding privileged information has hacked is higher which puts an as sensitive. slips cannot be eliminated such as a family member become more complex. in-house counsel at a risk of losing completely. It is always advisable 1. Social Media accidentally entering a business Corporations and in-house counsel con dential and critical data. The • Proactive steps to track and to go for full disclosure with email account or even swapping don’t have to peep back to the dark Social networking allows instant Data Breach QuickView report monitor the use of mobile devices remedial measures such as of mobile devices with ages and should continue to avail access to a plethora of information, “Mid-Year 2015 Data Breach Trends” within the oce network. claw-back agreements to prevent friends and relatives. the bene ts oered by changing but can simultaneously become a found that there were 1860 incidents inadvertent disclosure and technology after careful assessment gateway to the victimization of reported during the rst six months Downloads and installation of • Establish Virtual Private Network waiver of privilege. of risks involved. The protection of technology change. Social media has of 2015 exposing 228 million records. apps by an in-house counsel for (VPN) which serves as a protective privileged information is acquired the foot of a falcon as A single act of hacking exposed 78.8 personal use may provide a wall and helps to eliminate the risk continuously waning and an millions of people exchange million records. gateway to unregulated of losing con dential data to any information on Facebook, Twitter, third-party access to sensitive and in-house counsel must undertake potential intruder. LinkedIn, and blogs every day. These 3. Ubiquitous Cloud: con dential information stored on remedial steps to evade the impact sites can be viewed as an interactive the devices. There are numerous of technology. • Timely backup and remote wipe communication tool, but it also The cloud has emerged as a viable mobile apps that are pre-infected operations should be used in case a presents a myriad of risks and solution for an in-house counsel to with malware and controlled by • There should be reasonable device is lost, stolen or broken to challenges. The social networking store and manage information the hackers' with an intention to policies for data compliance and avoid any disclosure of websites are becoming a growing remotely. However, storing steal information from the mobile privacy within a corporation. The con dential information. hub of potential privileged and con dential data on cloud entails devices. As of 2014, Symantec has in-house counsel representing a con dential information which can risk, even if provided by identi ed more than 1 million litigation must understand the • Predictive coding and sampling aect the outcome of a litigation. well-established companies. An apps classi ed as malware. ethical and professional technologies are crucial for privilege in-house counsel will have limited –(37)– by KaushalFeatured Jha (Author): Kaushal Jha (Manager - Litigation Solution) OCTOBEROctober 16, 2015

5. Changing Face of responsibilities and should avoid reviews. It is equally important to Personal Communication: social networking sites for sharing design a battery of searches to any business communication. With identify potentially privileged Landline telephones, in-person extensive training of on handling information in a review database. meetings and mails were amongst and protection of con dential The in-house counsel must assess the natural choices for an attorney information, unauthorized the underlying subject matter and for having con dential discussions. disclosures of con dential privileged apply logical thinking in deciding With the technology reaching to new information can be averted. the approach for privilege review heights, instant messaging, emails, i.e. manual or predictive coding or The recent transformations in There are no rules that prohibit the ability to ensure that the data and other forms of digital • It is important to validate the a mix of both. technology have troubled the use or posting of information on stored is safe and will not be communications are being security measures of a cloud service corporations and in-house counsel as social networking websites, but a accessed by third parties. There is extensively used by clients. provider, rather than relying solely • Corporations should set up an there has been a seismic change in counsel should be well aware of the always a risk of uncertainty of Corporations are increasingly using on assertions or contractual on-site social network the way people communicate across implications that it may bring on a applicable jurisdiction as the data and expecting their in-house counsel commitments. The corporations and environment that streamlines the globe. While technological case or a legal dispute. gets stored at multiple locations. to use dierent forms of in-house counsel should decide communication among change have always presented Privileged information does not communications without beforehand the nature of ESI that co-workers at workplace that multitudinous challenges, 2. Mobile Devices and lose its character if it is shared via acknowledging and assessing the needs to be stored on cloud. provides a more secure and corporations and in-house counsel Wireless Access the cloud, but the exposure of threats and risks these mediums Communications which are highly robust system to communicate are nding it increasingly dicult to such information may lead to pose at the present time. sensitive and contains legal advices with in-house counsel. Mobile devices have become an defend and preserve privilege waiver of a privilege claim. should be excluded from the list and integral part of an in-house counsel’s information. The rationale of privilege 6. Exponential Growth of should on oSSnsite locations. • The best practice is to place the day to day practice which involves rule is to enable the client and its 4. BYOD: Information: notice “PRIVILEGED AND continued use of email, web attorney communicate • The BYOD are clearly de ned and CONFIDENTIAL” on the top of any browsers, calendars and contacts. BYOD (Bring your own device unequivocally, without an The discussion around growth of outlines the rules and regulations for document that contains These devices may contain privileged policies) policy was adapted to apprehension of losing such critical information and data has been a using personal devices at workplace. privileged information. Placing informatitn and there is always an meet the emerging needs of information to a third party. With the talking point for quite some time. A There must be a precondition for privilege designation at the associated risk of losing or businesses and provide explosion of digital evidence, study performed by IBM, revealed using personal devices at workplace bottom of the document may inadvertently disclosing such around-the-clock access to identifying and maintaining the that 2.5 quintillion bytes of data were such as minimum security involve risk of getting it read by con dential information business information. The security privileged information has turned generated every day in 2012 and 90 requirement and company approved unintended recipients. to third parties. threat is continually evolving with out to be a dissuading task for an percent of the data in the world was security software. The other the invasion of electronic devices, created in the last two years. The in-house counsel. It has become a common habit these remedial measures are: • Missing privileged information from laptops to smartphones and scope and location of potentially days to connect smartphones, tablet should not be viewed as a sin. There are several risks and pitfalls of tablets, in the workplace. privileged materials have widened or laptops to public Wi-Fi. The • Restrictive rights to the users to Even the courts and opposing technological change which are Privileged information can also be and the burden of sorting and chances of a wireless network getting access information that are classi ed parties understand that privileged summarized below: lost through injudicious manner, nding privileged information has hacked is higher which puts an as sensitive. slips cannot be eliminated such as a family member become more complex. in-house counsel at a risk of losing completely. It is always advisable 1. Social Media accidentally entering a business Corporations and in-house counsel con dential and critical data. The • Proactive steps to track and to go for full disclosure with email account or even swapping don’t have to peep back to the dark Social networking allows instant Data Breach QuickView report monitor the use of mobile devices remedial measures such as of mobile devices with ages and should continue to avail access to a plethora of information, “Mid-Year 2015 Data Breach Trends” within the oce network. claw-back agreements to prevent friends and relatives. the bene ts oered by changing but can simultaneously become a found that there were 1860 incidents inadvertent disclosure and technology after careful assessment gateway to the victimization of reported during the rst six months Downloads and installation of • Establish Virtual Private Network waiver of privilege. of risks involved. The protection of technology change. Social media has of 2015 exposing 228 million records. apps by an in-house counsel for (VPN) which serves as a protective privileged information is Story By: Kaushal Jha acquired the foot of a falcon as A single act of hacking exposed 78.8 personal use may provide a wall and helps to eliminate the risk continuously waning and an millions of people exchange million records. gateway to unregulated of losing con dential data to any information on Facebook, Twitter, third-party access to sensitive and in-house counsel must undertake potential intruder. LinkedIn, and blogs every day. These 3. Ubiquitous Cloud: con dential information stored on remedial steps to evade the impact sites can be viewed as an interactive the devices. There are numerous of technology. • Timely backup and remote wipe communication tool, but it also The cloud has emerged as a viable mobile apps that are pre-infected operations should be used in case a presents a myriad of risks and solution for an in-house counsel to with malware and controlled by • There should be reasonable device is lost, stolen or broken to challenges. The social networking store and manage information the hackers' with an intention to policies for data compliance and avoid any disclosure of websites are becoming a growing remotely. However, storing steal information from the mobile privacy within a corporation. The con dential information. hub of potential privileged and con dential data on cloud entails devices. As of 2014, Symantec has in-house counsel representing a con dential information which can risk, even if provided by identi ed more than 1 million litigation must understand the • Predictive coding and sampling aect the outcome of a litigation. well-established companies. An apps classi ed as malware. ethical and professional technologies are crucial for privilege in-house counsel will have limited –(38)– byFeatured Nasir Ali (Author): Nasir Ali (Manager - Litigation Solution) October6 October 6, , 20152015 tandem with the information Spent on Privilege Logs under Rule 502(b) of the Federal 5 Tips to E ectively Manage Privilege collected during the planning Rules of Evidence, the provision phase to minimize the burden of Federal Rule 26(b)(5) requires the party is contingent on weather in E-Discovery reviewing large sets of data and claiming privilege to furnish details “reasonable steps” have been repetitive documents. All that is regarding the nature of documents being taken to prevent and rectify the Practical steps litigators can take to ensure privileged information is protected while keep- needed to achieve this is for you withheld, which is done through the disclosure. Litigants, however, creation of a privilege log. A privilege log ing cost and time considerations in check. to be more “metadata aware.” For also have the option to draw up example, it is always a great contains information such as metadata their own customized clawback Privilege is a rule of the Federal (5) What is the duration of practice to create search strings related to the withheld documents and a in accordance with their agreed Rules of Civil Procedure (FRCP), litigation hold and the for various terms that could act brief description of the nature of upon preferences. The courts, which provides an exception to periods during which as privilege triggers (such as privilege. It is because of these briefs, too, have the power to provide compelled testimony under preservation notices were in attorney names, law rms, which are typically drafted manually, that protection against inadvertent discovery. The concept of eect? investigation terms and general the cost of privilege review escalates privilege waivers privilege, primarily between an privileged terms). You can use manifold. However, there are various under Rule 502(d). (6) Was the company subject to attorney and his client, has these strings to identify ways in which one can mitigate these any other litigation or ingenerated within the U.S. legal potentially privileged costs and also save time in the process. Nasir Ali is manager of investigation during the system to protect client documents before commencing litigation solutions at same period which could If all parties agree to alternative modes of con dentiality. This protection is the review and assign the results LexInnova, a Houston-based lead to an overlap in disclosure, one can consider furnishing often exercised by parties to reviewers who have a better legal services provider. during legal proceedings and privileged communication? information in the following formats: eye for spotting privilege. has been accorded recognition This article covers a few practical steps (7) Are there any third parties Metadata Logs: Information can be by courts on various occasions. which litigators and other stakeholders 3. Conduct a Secondary involved, which may produced in the form of an excel can keep in mind during the e-discovery Privilege Review As law and discovery have necessitate third party spreadsheet containing basic metadata process to ensure privileged information evolved over the years, protective orders? details such as authors, creation dates, is protected while keeping cost and time Technology is not perfect and privileged information and the neither are human reviewers, so recipients, email subjects, lenames, etc. considerations in check. Having these questions modes in which it exists has it always advisable to conduct a answered will give you better Category-Based Logs: Most eective on taken up diverse forms. From 1. Create a Privilege Protection Checklist second line review of all insight into the matter and allow larger matters where a large number of being stored in folders and le documents that contain you to be prepared for the next withheld documents are similar in nature. cabinets, it now exists mostly as Taking a proactive approach towards privilege triggers but were not phases in the process, Documents can be classi ed into broad word documents, emails, and privilege protection is the rst step in determined to be privileged particularly document review. It categories either based on keyword other forms of electronically preventing any inordinate privilege during the review. You might will also enable you to be better searches or by creating speci c tags stored information (ESI). And, waivers. One needs to be mindful of the also want to take a second look prepared for the pre-trial which can be applied during the review. litigators increasingly nd various consideration involved in the at documents that have been conference and help you A very good model for creating category themselves having to respond to process and create a checklist keeping withheld to for being privileged negotiate more favorable terms based privilege logs can be found here. subpoena requests for such ESI. various consideration in mind. The or to which redactions have for production. checklist should include: been applied to hide Automated Logs: Many software While protection of privilege is privileged information. providers have also begun to oer inbuilt of utmost importance and the (1) What all attorney created 2. Use Technology to functionalities or add on solutions which waiver of which can be of severe information you would be disclosing Your Advantage If the review is being handled by are able to automate many, if not all detriment to a case, it often gets out of your own volition? Ever since we added “electronic” an outsourced vendor, make aspects of the privilege log creation ignored. This is because with the (2) Will any information regarding internal before discovery, technology has sure you provide them with as process. These can be considered if there advent of e-discovery and much information as possible to investigations (such as suspicious begun to ow an increasingly is a substantial number of privileged growing volume of data, the assist them in their review. Also, activity reports) be produced? important role in the entire documents which need to be withheld. costs associated with discovery e-discovery process. Particularly if you are working with a vendor have increased manifold. In (3) Were any of the identi ed custodians in the document review phase, for the rst time, and of whose 5. Make Sure a Clawback Agreement is order to alleviate these costs in consultation with internal or attorneys and e-discovery acumen you are not con dent, it in Place and meet strict production external counsel during the time managers now have at their is best to instruct them to “err on In the worst-case scenario, when a deadlines, litigants are often period which is subject to discovery? disposal a number of assistive the side of caution” while privileged document slips through the found forgoing privilege review, tools, such as predictive coding, determining privilege. You can cracks and gets produced inadvertently, asserting broad claims, and (4) From what sources legal advice could email threading, persistent later delegate someone more having a clawback agreement in place skimping on necessary steps, be received or reected (names of in highlights, boolean searching, trusted to take a secondary look can help in averting any adverse eects which leads to extended house counsel, sta in the GC’s oce, that are baked into most mod and clear out documents which as a result of inadvertent disclosure. motions, inadvertent disclosures law rms engaged, etc.)? ern review platforms. needn’t be withheld. and increased scrutiny. One must use these tools in 4. Minimize Cost and Time While the provision to clawback in advertently produced documents exists –(39)– byFeatured Nasir Ali (Author): Nasir Ali (Manager - Litigation Solution) 6October October 6,, 2015 2015 tandem with the information Spent on Privilege Logs under Rule 502(b) of the Federal collected during the planning Rules of Evidence, the provision phase to minimize the burden of Federal Rule 26(b)(5) requires the party is contingent on weather reviewing large sets of data and claiming privilege to furnish details “reasonable steps” have been repetitive documents. All that is regarding the nature of documents being taken to prevent and rectify the needed to achieve this is for you withheld, which is done through the disclosure. Litigants, however, to be more “metadata aware.” For creation of a privilege log. A privilege log also have the option to draw up example, it is always a great contains information such as metadata their own customized clawback Privilege is a rule of the Federal (5) What is the duration of practice to create search strings related to the withheld documents and a in accordance with their agreed Rules of Civil Procedure (FRCP), litigation hold and the for various terms that could act brief description of the nature of upon preferences. The courts, which provides an exception to periods during which as privilege triggers (such as privilege. It is because of these briefs, too, have the power to provide compelled testimony under preservation notices were in attorney names, law rms, which are typically drafted manually, that protection against inadvertent discovery. The concept of eect? investigation terms and general the cost of privilege review escalates privilege waivers privilege, primarily between an privileged terms). You can use manifold. However, there are various under Rule 502(d). (6) Was the company subject to attorney and his client, has these strings to identify ways in which one can mitigate these any other litigation or ingenerated within the U.S. legal potentially privileged costs and also save time in the process. Nasir Ali is manager of investigation during the system to protect client documents before commencing litigation solutions at same period which could If all parties agree to alternative modes of con dentiality. This protection is the review and assign the results LexInnova, a Houston-based lead to an overlap in disclosure, one can consider furnishing often exercised by parties to reviewers who have a better legal services provider. during legal proceedings and privileged communication? information in the following formats: eye for spotting privilege. has been accorded recognition This article covers a few practical steps (7) Are there any third parties Metadata Logs: Information can be Story By: Nasir Ali by courts on various occasions. which litigators and other stakeholders 3. Conduct a Secondary involved, which may produced in the form of an excel can keep in mind during the e-discovery Privilege Review As law and discovery have necessitate third party spreadsheet containing basic metadata process to ensure privileged information evolved over the years, protective orders? details such as authors, creation dates, is protected while keeping cost and time Technology is not perfect and privileged information and the neither are human reviewers, so recipients, email subjects, lenames, etc. considerations in check. Having these questions modes in which it exists has it always advisable to conduct a answered will give you better Category-Based Logs: Most eective on taken up diverse forms. From 1. Create a Privilege Protection Checklist second line review of all insight into the matter and allow larger matters where a large number of being stored in folders and le documents that contain you to be prepared for the next withheld documents are similar in nature. cabinets, it now exists mostly as Taking a proactive approach towards privilege triggers but were not phases in the process, Documents can be classi ed into broad word documents, emails, and privilege protection is the rst step in determined to be privileged particularly document review. It categories either based on keyword other forms of electronically preventing any inordinate privilege during the review. You might will also enable you to be better searches or by creating speci c tags stored information (ESI). And, waivers. One needs to be mindful of the also want to take a second look prepared for the pre-trial which can be applied during the review. litigators increasingly nd various consideration involved in the at documents that have been conference and help you A very good model for creating category themselves having to respond to process and create a checklist keeping withheld to for being privileged negotiate more favorable terms based privilege logs can be found here. subpoena requests for such ESI. various consideration in mind. The or to which redactions have for production. checklist should include: been applied to hide Automated Logs: Many software While protection of privilege is privileged information. providers have also begun to oer inbuilt of utmost importance and the (1) What all attorney created 2. Use Technology to functionalities or add on solutions which waiver of which can be of severe information you would be disclosing Your Advantage If the review is being handled by are able to automate many, if not all detriment to a case, it often gets out of your own volition? Ever since we added “electronic” an outsourced vendor, make aspects of the privilege log creation ignored. This is because with the (2) Will any information regarding internal before discovery, technology has sure you provide them with as process. These can be considered if there advent of e-discovery and much information as possible to investigations (such as suspicious begun to ow an increasingly is a substantial number of privileged growing volume of data, the assist them in their review. Also, activity reports) be produced? important role in the entire documents which need to be withheld. costs associated with discovery e-discovery process. Particularly if you are working with a vendor have increased manifold. In (3) Were any of the identi ed custodians in the document review phase, for the rst time, and of whose 5. Make Sure a Clawback Agreement is order to alleviate these costs in consultation with internal or attorneys and e-discovery acumen you are not con dent, it in Place and meet strict production external counsel during the time managers now have at their is best to instruct them to “err on In the worst-case scenario, when a deadlines, litigants are often period which is subject to discovery? disposal a number of assistive the side of caution” while privileged document slips through the found forgoing privilege review, tools, such as predictive coding, determining privilege. You can cracks and gets produced inadvertently, asserting broad claims, and (4) From what sources legal advice could email threading, persistent later delegate someone more having a clawback agreement in place skimping on necessary steps, be received or reected (names of in highlights, boolean searching, trusted to take a secondary look can help in averting any adverse eects which leads to extended house counsel, sta in the GC’s oce, that are baked into most mod and clear out documents which as a result of inadvertent disclosure. motions, inadvertent disclosures law rms engaged, etc.)? ern review platforms. needn’t be withheld. and increased scrutiny. One must use these tools in 4. Minimize Cost and Time While the provision to clawback in advertently produced documents exists –(40)– by MarkFeatured Kerzner (Author): Mark Kerzner (Chief Product Architect) September 9, 2015

indeed catch perhaps 80% of the entities, adding them to Of course, this is a simpli cation. shows that the tools will phrases found in documents overall. the existing All the techniques, examples of require maintenance and Text Analytics, Big Data and Law Then there will be some exceptions, and places extracted from which are given above, analyze the per-case and some additional rules to catch it are shown as smaller not one word but thousands of con guration. Here, I Big Data and text analytics are them. The detection will never be lled circles. If you can words in a collection of believe that the research all the rage in the eld of law 100 percent perfect (even human further act on this chart by documents. They compute work done by the Memex today. However, there is a reviewers may disagree on how to drilling in or zooming out, complicated statistics, use team at DARPA (of which dearth of precise de nitions of break up sentences), but it can get it can be used as a very machine learning algorithms to I am a member) is these technologies and of the above, the computer can do the pretty accurate. eective investigation tool. nd the best matches, and use pointing in the right understanding of what they “show more documents like this” t multiple rules for text analysis. direction. For example, do. This is the void that the trick. Will it be extremely precise, For people, companies, places, Big Data their memex-gate is an present article will try to ll. or will it likely contain enough etc., GATE uses the concept of The sheer number of Two thing are missing however. extension of the standard gazetteers. Gazetteer is simply a noise to become “not so useful” to documents may present a hundred computers to do the work, First, the litigation industry is not GATE tool for text list of all possible values: For De nitions such as “What is put it mildly? Very likely so. problem by itself. Let’s do it would be only about 20 min. That known for innovation. The engineering, but example, all counties in the U.S., if TAR (Technology Assisted a simple is reasonable. And this is where Big common predictive analytics con gured for court we are trying to detect the county Review)? It is something that Beside this palpable need for back-of-the-napkin Data comes in. techniques only use the most documents. This does helps a lawyer deal with Photo by Joe The Goat Farmer (Flckr/Creative Commons) improvement, the previous few court in a legal proceeding. calculation. A million simple common algorithms. require constant updates documents” abound. paragraphs might have scared away documents may take a Big Data deals with too much data, Therefore, they fall short in their from them (actually, Google recommendations. And if there are also other The screenshot below shows GATE However, this de nition is so anyone who is not into “data science” million seconds to process. more data than can be stored and usability. This can be xed. these same people are not jumping documents! For this, we will crawlers that do the generic that it misses the very or “number crunching.” As the lawyers processed on one computer. It is Google, one of the leaders in text at predictive analytics oerings from look at how many times the updates are included in essence of TAR. Eyeglasses like to joke, “I went into law so that I capable of connecting billions of analysis, came up with an eDiscovery vendors, one may have a word “patent” occurs in other the open source code that also help lawyer to deal with would NOT have to do math.” Let’s people around the globe and of algorithm that takes into account nagging suspicion that something is documents. If it occurs too the Memex team documents, yet they are not respect this feeling. navigating billions of cars through not only individual words, but lacking in the oerings of the much, then our document is publishes). But, as is well TAR, or at least not in the millions of places. But for our also their position in the known to all Russians, “old-fashioned vendors.” And I believe nothing special, and should Text analytics grammar-based modern sense of the word. purposes, we can simply think of it sentence. This algorithm is much “One cannot even get a I can point this out. But rst let’s look not be singled out as one There is also a mature branch of as a glue that combines our more precise (think of Google sh out of a pond without Also popular is the following at the available TAR technologies talking about patent. text analytics dealing with the hundred computers into a cluster Translate), and it is called some labor involved.” trend of thought: “Predictive clearly, and with examples. analysis of the language, or Thus, I can have a graph that and lets them work together on “paragraph vectors.” analytics is used everywhere. text-engineering. One example of Text analytics – number-base will group together solving one problem. This glue is With these improvements, We buy products based on it this approach is GATE, a ten-year Firstly, there is numbers-based text documents with similar word called Hadoop. A more modern “Instead of judges ordering the perhaps we may see the (Amazon recommendations), old project from Sheeld analytics. Say, I’m looking for frequency and similar version, which uses in-memory use of predictive analytics and reverse situation: Instead make friends (Facebook University, which has become one documSents about patents. Looking frequency of occurring in computing and is much faster, is law rms sometimes balking at of judges ordering the use recommendations), and drive of the standard tools for text con gured to analyze US Court This assumes that a at each document in my set, I can other documents. Here is an called Spark. Such feats as that, lawyers will ock to these of predictive analytics and based on it (Google maps analytics. GATE stands for General of Appeals documents. It can document takes a second count how many times the word example of such a technique processing a million documents in tools through their own volition law rms sometimes telling you that “you are on Architecture for Text Engineering. detect judges, courts, counsel, — not too unlikely if you “patent” occurs within them, if at all. applied to nd important twenty minutes on a hundred balking at that, lawyers the best road”). And yet, with etc. The tag on the right is think of opening this It has been published and even will ock to these tools The more the merrier: Documents words in newspaper articles. GATE can reasonably break down the machines are commonplace there. the abundance of TAR and convenient: once you click on document with Microsoft implemented in the open source through their own that contain the word “patent” more text into paragraphs, sentences, predictive analytics oerings This is number-based text acheckbox which says “Date,” Word. If you add optical So what’s missing? world. Therefore, more depth of volition, because these often are probably more related to nouns and verbs. It can also nd from vendors, who is to be analytics. Is it helpful? you will see all dates in all character recognition We started by stating that the lack of analysis is required. This would tools will provide them patents than other documents. So, people, companies, organizations blamed for TAR is not being Probably yes. Does it really possible formats that GATE has (OCR) required for scanned acceptance of predictive analytics by allow us to bridge the simple rst with a tangible advantage. by counting the number of times and places mentioned in the used more often? It must be understand what the detected in the given document. documents, one second law rm partners perhaps shouldn’t results and the demands of the Compare this to the Bring that “patent” is mentioned, I can documents. How does it do this? For the old-fashioned partners!” documents are talking may even seem low. be blamed on them. We showed you legal analysis. It may bring our Your Own Device (BYOD) group similar documents. example, the rst rule for sentence Well, how do you use this about? Everybody will agree, how text analytics works, whether analytics to the level of usefulness to work movement. This logic has an internal aw detection is “It must end with a period display? You could read the A million seconds is about But there are also other words in far from it. based on numbers or on language required by law rm partners and though. These same (dot), and there must be a word document yourself! The answer 20,000 minutes, or about these documents! No problem, we parsing. We also showed what role by everybody else involved. “old-fashioned partners” ARE starting with an uppercase letter after is that technologies like GATE 40 hours. Now, that’s too will compute the ratio of our target Based on the very simple Big Data plays there. using Amazon, Facebook and it.” As you can imagine, this rule will help you extract meaningful much. However, if I had a Secondly, the exposition above word “patent” to other words. But number crunching described –(41)– contd. by MarkFeatured Kerzner (Author): Mark Kerzner (Chief Product Architect) September 9, 2015

indeed catch perhaps 80% of the entities, adding them to Of course, this is a simpli cation. shows that the tools will phrases found in documents overall. the existing All the techniques, examples of require maintenance and Then there will be some exceptions, and places extracted from which are given above, analyze the per-case and some additional rules to catch it are shown as smaller not one word but thousands of con guration. Here, I Big Data and text analytics are them. The detection will never be lled circles. If you can words in a collection of believe that the research all the rage in the eld of law 100 percent perfect (even human further act on this chart by documents. They compute work done by the Memex today. However, there is a reviewers may disagree on how to drilling in or zooming out, complicated statistics, use team at DARPA (of which dearth of precise de nitions of break up sentences), but it can get it can be used as a very machine learning algorithms to I am a member) is these technologies and of the above, the computer can do the pretty accurate. eective investigation tool. nd the best matches, and use pointing in the right understanding of what they “show more documents like this” t multiple rules for text analysis. direction. For example, do. This is the void that the trick. Will it be extremely precise, For people, companies, places, Big Data their memex-gate is an present article will try to ll. or will it likely contain enough etc., GATE uses the concept of The sheer number of Two thing are missing however. extension of the standard gazetteers. Gazetteer is simply a noise to become “not so useful” to documents may present a hundred computers to do the work, First, the litigation industry is not GATE tool for text list of all possible values: For De nitions such as “What is put it mildly? Very likely so. problem by itself. Let’s do it would be only about 20 min. That known for innovation. The engineering, but example, all counties in the U.S., if TAR (Technology Assisted a simple is reasonable. And this is where Big common predictive analytics con gured for court we are trying to detect the county Review)? It is something that Beside this palpable need for back-of-the-napkin Data comes in. techniques only use the most documents. This does helps a lawyer deal with improvement, the previous few court in a legal proceeding. calculation. A million simple common algorithms. require constant updates documents” abound. paragraphs might have scared away documents may take a Big Data deals with too much data, Therefore, they fall short in their from them (actually, Google recommendations. And if there are also other The screenshot below shows GATE However, this de nition is so anyone who is not into “data science” million seconds to process. more data than can be stored and usability. This can be xed. these same people are not jumping documents! For this, we will crawlers that do the generic that it misses the very or “number crunching.” As the lawyers processed on one computer. It is Google, one of the leaders in text at predictive analytics oerings from look at how many times the updates are included in essence of TAR. Eyeglasses like to joke, “I went into law so that I capable of connecting billions of analysis, came up with an eDiscovery vendors, one may have a word “patent” occurs in other the open source code that also help lawyer to deal with would NOT have to do math.” Let’s people around the globe and of algorithm that takes into account nagging suspicion that something is documents. If it occurs too the Memex team documents, yet they are not respect this feeling. navigating billions of cars through not only individual words, but lacking in the oerings of the much, then our document is publishes). But, as is well TAR, or at least not in the millions of places. But for our also their position in the known to all Russians, “old-fashioned vendors.” And I believe nothing special, and should Text analytics grammar-based modern sense of the word. purposes, we can simply think of it sentence. This algorithm is much “One cannot even get a I can point this out. But rst let’s look not be singled out as one There is also a mature branch of as a glue that combines our more precise (think of Google sh out of a pond without Also popular is the following at the available TAR technologies talking about patent. text analytics dealing with the hundred computers into a cluster Translate), and it is called some labor involved.” trend of thought: “Predictive clearly, and with examples. analysis of the language, or Thus, I can have a graph that and lets them work together on “paragraph vectors.” analytics is used everywhere. text-engineering. One example of Text analytics – number-base will group together solving one problem. This glue is With these improvements, We buy products based on it this approach is GATE, a ten-year Firstly, there is numbers-based text documents with similar word called Hadoop. A more modern “Instead of judges ordering the perhaps we may see the (Amazon recommendations), old project from Sheeld analytics. Say, I’m looking for frequency and similar version, which uses in-memory use of predictive analytics and reverse situation: Instead make friends (Facebook University, which has become one documSents about patents. Looking frequency of occurring in computing and is much faster, is law rms sometimes balking at of judges ordering the use recommendations), and drive of the standard tools for text con gured to analyze US Court This assumes that a at each document in my set, I can other documents. Here is an called Spark. Such feats as that, lawyers will ock to these of predictive analytics and based on it (Google maps analytics. GATE stands for General of Appeals documents. It can document takes a second count how many times the word example of such a technique processing a million documents in tools through their own volition law rms sometimes telling you that “you are on Architecture for Text Engineering. detect judges, courts, counsel, — not too unlikely if you “patent” occurs within them, if at all. applied to nd important twenty minutes on a hundred balking at that, lawyers the best road”). And yet, with etc. The tag on the right is think of opening this It has been published and even will ock to these tools The more the merrier: Documents words in newspaper articles. GATE can reasonably break down the machines are commonplace there. the abundance of TAR and convenient: once you click on document with Microsoft implemented in the open source through their own that contain the word “patent” more text into paragraphs, sentences, predictive analytics oerings This is number-based text acheckbox which says “Date,” Word. If you add optical So what’s missing? world. Therefore, more depth of volition, because these often are probably more related to nouns and verbs. It can also nd from vendors, who is to be analytics. Is it helpful? you will see all dates in all character recognition We started by stating that the lack of analysis is required. This would tools will provide them patents than other documents. So, people, companies, organizations blamed for TAR is not being Probably yes. Does it really possible formats that GATE has (OCR) required for scanned acceptance of predictive analytics by allow us to bridge the simple rst with a tangible advantage. by counting the number of times and places mentioned in the used more often? It must be understand what the detected in the given document. documents, one second law rm partners perhaps shouldn’t results and the demands of the Compare this to the Bring that “patent” is mentioned, I can documents. How does it do this? For the old-fashioned partners!” documents are talking may even seem low. be blamed on them. We showed you legal analysis. It may bring our Your Own Device (BYOD) group similar documents. example, the rst rule for sentence Well, how do you use this about? Everybody will agree, how text analytics works, whether analytics to the level of usefulness to work movement. This logic has an internal aw detection is “It must end with a period display? You could read the A million seconds is about But there are also other words in far from it. based on numbers or on language required by law rm partners and though. These same (dot), and there must be a word document yourself! The answer 20,000 minutes, or about these documents! No problem, we parsing. We also showed what role by everybody else involved. “old-fashioned partners” ARE starting with an uppercase letter after is that technologies like GATE 40 hours. Now, that’s too will compute the ratio of our target Based on the very simple Big Data plays there. using Amazon, Facebook and it.” As you can imagine, this rule will help you extract meaningful much. However, if I had a Secondly, the exposition above word “patent” to other words. But number crunching described –(42)– contd. by MarkFeatured Kerzner (Author): Mark Kerzner (Chief Product Architect) September 9, 2015 indeed catch perhaps 80% of the entities, adding them to Of course, this is a simpli cation. shows that the tools will phrases found in documents overall. the existing All the techniques, examples of require maintenance and Then there will be some exceptions, and places extracted from which are given above, analyze the per-case and some additional rules to catch it are shown as smaller not one word but thousands of con guration. Here, I Big Data and text analytics are them. The detection will never be lled circles. If you can words in a collection of believe that the research all the rage in the eld of law 100 percent perfect (even human further act on this chart by documents. They compute work done by the Memex today. However, there is a reviewers may disagree on how to drilling in or zooming out, complicated statistics, use team at DARPA (of which dearth of precise de nitions of break up sentences), but it can get it can be used as a very machine learning algorithms to I am a member) is these technologies and of the above, the computer can do the pretty accurate. eective investigation tool. nd the best matches, and use pointing in the right understanding of what they “show more documents like this” t multiple rules for text analysis. direction. For example, do. This is the void that the trick. Will it be extremely precise, For people, companies, places, Big Data their memex-gate is an present article will try to ll. or will it likely contain enough etc., GATE uses the concept of The sheer number of Two thing are missing however. extension of the standard gazetteers. Gazetteer is simply a noise to become “not so useful” to documents may present a hundred computers to do the work, First, the litigation industry is not GATE tool for text list of all possible values: For De nitions such as “What is put it mildly? Very likely so. problem by itself. Let’s do it would be only about 20 min. That known for innovation. The engineering, but example, all counties in the U.S., if TAR (Technology Assisted a simple is reasonable. And this is where Big common predictive analytics con gured for court we are trying to detect the county Review)? It is something that Beside this palpable need for back-of-the-napkin Data comes in. techniques only use the most documents. This does helps a lawyer deal with improvement, the previous few court in a legal proceeding. calculation. A million simple common algorithms. require constant updates documents” abound. paragraphs might have scared away documents may take a Big Data deals with too much data, Therefore, they fall short in their from them (actually, Google recommendations. And if there are also other The screenshot below shows GATE However, this de nition is so anyone who is not into “data science” million seconds to process. more data than can be stored and usability. This can be xed. these same people are not jumping documents! For this, we will crawlers that do the generic that it misses the very or “number crunching.” As the lawyers processed on one computer. It is Google, one of the leaders in text at predictive analytics oerings from look at how many times the updates are included in essence of TAR. Eyeglasses like to joke, “I went into law so that I capable of connecting billions of analysis, came up with an eDiscovery vendors, one may have a word “patent” occurs in other the open source code that also help lawyer to deal with would NOT have to do math.” Let’s people around the globe and of algorithm that takes into account nagging suspicion that something is documents. If it occurs too the Memex team documents, yet they are not respect this feeling. navigating billions of cars through not only individual words, but lacking in the oerings of the much, then our document is publishes). But, as is well TAR, or at least not in the millions of places. But for our also their position in the known to all Russians, “old-fashioned vendors.” And I believe nothing special, and should Text analytics grammar-based modern sense of the word. purposes, we can simply think of it sentence. This algorithm is much “One cannot even get a I can point this out. But rst let’s look not be singled out as one There is also a mature branch of as a glue that combines our more precise (think of Google sh out of a pond without Also popular is the following at the available TAR technologies talking about patent. text analytics dealing with the hundred computers into a cluster Translate), and it is called some labor involved.” trend of thought: “Predictive clearly, and with examples. analysis of the language, or Thus, I can have a graph that and lets them work together on “paragraph vectors.” analytics is used everywhere. text-engineering. One example of Text analytics – number-base will group together solving one problem. This glue is With these improvements, We buy products based on it this approach is GATE, a ten-year Firstly, there is numbers-based text documents with similar word called Hadoop. A more modern “Instead of judges ordering the perhaps we may see the (Amazon recommendations), old project from Sheeld analytics. Say, I’m looking for frequency and similar version, which uses in-memory use of predictive analytics and reverse situation: Instead make friends (Facebook University, which has become one documSents about patents. Looking frequency of occurring in computing and is much faster, is law rms sometimes balking at of judges ordering the use recommendations), and drive of the standard tools for text con gured to analyze US Court This assumes that a at each document in my set, I can other documents. Here is an called Spark. Such feats as that, lawyers will ock to these of predictive analytics and based on it (Google maps analytics. GATE stands for General of Appeals documents. It can document takes a second count how many times the word example of such a technique processing a million documents in tools through their own volition law rms sometimes telling you that “you are on Architecture for Text Engineering. detect judges, courts, counsel, — not too unlikely if you “patent” occurs within them, if at all. applied to nd important twenty minutes on a hundred balking at that, lawyers the best road”). And yet, with etc. The tag on the right is think of opening this It has been published and even will ock to these tools The more the merrier: Documents words in newspaper articles. GATE can reasonably break down the machines are commonplace there. the abundance of TAR and convenient: once you click on document with Microsoft implemented in the open source through their own that contain the word “patent” more text into paragraphs, sentences, predictive analytics oerings This is number-based text acheckbox which says “Date,” Word. If you add optical So what’s missing? world. Therefore, more depth of volition, because these often are probably more related to nouns and verbs. It can also nd from vendors, who is to be analytics. Is it helpful? you will see all dates in all character recognition We started by stating that the lack of analysis is required. This would tools will provide them patents than other documents. So, people, companies, organizations blamed for TAR is not being Probably yes. Does it really possible formats that GATE has (OCR) required for scanned acceptance of predictive analytics by allow us to bridge the simple rst with a tangible advantage. by counting the number of times and places mentioned in the used more often? It must be understand what the detected in the given document. documents, one second law rm partners perhaps shouldn’t results and the demands of the Compare this to the Bring that “patent” is mentioned, I can documents. How does it do this? For the old-fashioned partners!” documents are talking may even seem low. be blamed on them. We showed you legal analysis. It may bring our Your Own Device (BYOD) group similar documents. example, the rst rule for sentence Well, how do you use this about? Everybody will agree, how text analytics works, whether analytics to the level of usefulness to work movement. This logic has an internal aw detection is “It must end with a period display? You could read the A million seconds is about But there are also other words in far from it. based on numbers or on language required by law rm partners and though. These same (dot), and there must be a word document yourself! The answer 20,000 minutes, or about Story By: Mark Kerzner these documents! No problem, we parsing. We also showed what role by everybody else involved. “old-fashioned partners” ARE starting with an uppercase letter after is that technologies like GATE 40 hours. Now, that’s too will compute the ratio of our target Based on the very simple Big Data plays there. using Amazon, Facebook and it.” As you can imagine, this rule will help you extract meaningful much. However, if I had a Secondly, the exposition above word “patent” to other words. But number crunching described –(43)– by JenniferFeatured: Lonoff Kapil SchiffSS Bagai (Manager - Litigation Solution) August 31, 2015

o ce by ensuring that there is a Sync up regularly single authoritative version of a “Agree in advance to be kept updat- 8 tips for managing outsourced projects le,” suggests Randy Chou, CEO, ed on a xed schedule,” says Chok Panzura, a global cloud storage Leang Ooi, CEO, AgilityIO, a global provider. “This allows teams to consulting rm helping entrepre- “As if managing complex technolo- work on the same le at the same neurs. “Sync ups can be done on a gy projects wasn’t di cult enough, time without overwriting work of daily or weekly basis, but be disci- outsourcing can create numerous others. This is especially impor- plined about keeping to the agreed stresses you likely have not experi- tant for applications like design, upon timing, especially if your enced when using a primarily or software development, architec- outsourced team is in another time exclusively internal team,” says Tom tural, and engineering where zone.” Fountain, CTO of Pneuron, which document integrity issues can “Eective communication, especial- provides distributed enterprise cause major delays [and] incur ly with new or o-site employees, is solutions. “Interestingly, it’s not the signicant additional expense.” key to creating a more e cient, technical competence of the productive and protable project,” outsourcer that normally derails Have good project manage- says Handy. “Whether you are using projects. Instead, it’s a lack of ment software – and make sure Google Chat or Slack, keeping all communications and common all parties use it project communication in one understanding of simply what’s "Provide your team with a collab- central location will increase important and how to meld orative software solution that accountability and allow all team diverse organizations into a cohe- allows them to work together,” members to communicate in real sive unit.” Project management and outsourcing experts share their advice on how to says Bassem Handy, vice presi- time.” So how can project leaders keep effectively manage far-flung or internationally outsourced projects. dent of Enterprise Strategy, outsourced, especially internation- Procore, a provider of construc- Hold regular video chats consistent application of your Be mindful, and respectful, of ally outsourced, projects on track tion project management soft- “Face-to-face interaction (even if requirements. A well designed everyone’s time zone – and use and on budget? Following are ware. “With immediate access to done electronically) is vitally impor- and robust workow builds accu- them to your advantage eight helpful suggestions. project data, team members can tant to developing a solid relation- racy and promotes overall eec- “When the team working on a spend less time tracking down ship and rapport with your team tiveness,” he points out. Further- project is in dierent time zones, it Help the outsourced party (or information and more time being that ensures alignment on objec- more, it’s important to “provide is good to know the time dier- parties) understand your busi- productive. Project team mem- tives and milestones,” says Patrick the team with necessary back- ence and schedule meetings that ness and goals bers and stakeholders alike will Rice, CEO, Lumidatum, a predictive ground information and material suit both parties,” says Bagai. “This does not entail endless have visibility into the project, analytics company. “Tools like Skype, that could help them in further “Being concerned about your training sessions and lengthy keeping everyone on the same Slack, WhatsApp and Google Hang- streamlining and managing the team's time builds a level of trust document exchange [but] sharing page.” outs make it so easy to stay project.” and motivates them to work the important elements of your “We have a team of 20 develop- connected and interact with team- Also, when working with team harder.” business, your customers, your ers overseas, and all of our devel- mates,” wherever they are. business processes, your people,” members whose rst language You can also use large time zone opment work is conducted from may not be English, be cognizant dierences to your advantage. For says Fountain. “The more of these this o ce,” explains Mark Tuch- Treat outsourced member of your of the fact that that written example, if you have outsourced elements you can share eectively, scherer, cofounder and president, team with respect requirements may not be enough. part of your project to India, which the more likely your outsourcer Geeks Chicago. “The primary “Take some time to get to [know] So, if possible, supplement written is 9.5 hours ahead of the East will be aligned [with your business piece of advice I would oer [in the members of [the] team,” advises communication with wireframes, Coast of the United States, you goals and be able to] create real regard to managing outsourced Fountain. “Whether through a video annotated diagrams and other can send them something at the value.” or far-ung projects] is to have conference or other means, put visual aids to clearly convey your end of your business day, they can excellent management software,” faces to names and get to know needs. The more specic you are, work on it while you are sleeping Make sure everyone’s working he says. “We use JIRA because we what makes them tick. Bottom line: the better the chance of getting and have it back to you at the start from the same playbook are an agile company, but some- treat your outsourced team like the the deliverable you are looking for. of the next business day. “Always create a playbook that thing like Asana would work as partner you expect them to be” and contains step-by-step instructions,” well. Everything should run they will be. says Kapil Bagai, manager, LexIn- In addition, “your processes should Make sure everyone’s working through the software; never use nova Technologies, a legal involve a tracking mechanism o the same les email to manage project” outsourcing and technology [metrics] for measuring the team's Enable globally distributed teams consulting rm. “This facilitates productivity and quality,” says Bagai. to collaborate as if in the same –(44)– contd. by JenniferFeatured: Lonoff Kapil SchiffSS Bagai (Manager - Litigation Solution) August 31, 2015

o ce by ensuring that there is a Sync up regularly single authoritative version of a “Agree in advance to be kept updat- le,” suggests Randy Chou, CEO, ed on a xed schedule,” says Chok Panzura, a global cloud storage Leang Ooi, CEO, AgilityIO, a global provider. “This allows teams to consulting rm helping entrepre- “As if managing complex technolo- work on the same le at the same neurs. “Sync ups can be done on a gy projects wasn’t di cult enough, time without overwriting work of daily or weekly basis, but be disci- outsourcing can create numerous others. This is especially impor- plined about keeping to the agreed stresses you likely have not experi- tant for applications like design, upon timing, especially if your enced when using a primarily or software development, architec- outsourced team is in another time exclusively internal team,” says Tom tural, and engineering where zone.” Fountain, CTO of Pneuron, which document integrity issues can “Eective communication, especial- provides distributed enterprise cause major delays [and] incur ly with new or o-site employees, is solutions. “Interestingly, it’s not the signicant additional expense.” key to creating a more e cient, technical competence of the productive and protable project,” outsourcer that normally derails Have good project manage- says Handy. “Whether you are using projects. Instead, it’s a lack of ment software – and make sure Google Chat or Slack, keeping all communications and common all parties use it project communication in one understanding of simply what’s "Provide your team with a collab- central location will increase important and how to meld orative software solution that accountability and allow all team diverse organizations into a cohe- allows them to work together,” members to communicate in real sive unit.” says Bassem Handy, vice presi- time.” So how can project leaders keep dent of Enterprise Strategy, outsourced, especially internation- Procore, a provider of construc- Hold regular video chats consistent application of your Be mindful, and respectful, of ally outsourced, projects on track tion project management soft- “Face-to-face interaction (even if requirements. A well designed everyone’s time zone – and use and on budget? Following are ware. “With immediate access to done electronically) is vitally impor- and robust workow builds accu- them to your advantage eight helpful suggestions. project data, team members can tant to developing a solid relation- racy and promotes overall eec- “When the team working on a spend less time tracking down ship and rapport with your team tiveness,” he points out. Further- project is in dierent time zones, it Help the outsourced party (or information and more time being that ensures alignment on objec- more, it’s important to “provide is good to know the time dier- parties) understand your busi- productive. Project team mem- tives and milestones,” says Patrick the team with necessary back- ence and schedule meetings that ness and goals bers and stakeholders alike will Rice, CEO, Lumidatum, a predictive ground information and material suit both parties,” says Bagai. “This does not entail endless have visibility into the project, analytics company. “Tools like Skype, that could help them in further “Being concerned about your training sessions and lengthy keeping everyone on the same Slack, WhatsApp and Google Hang- streamlining and managing the team's time builds a level of trust document exchange [but] sharing page.” outs make it so easy to stay project.” and motivates them to work the important elements of your “We have a team of 20 develop- connected and interact with team- Also, when working with team harder.” business, your customers, your ers overseas, and all of our devel- mates,” wherever they are. business processes, your people,” members whose rst language You can also use large time zone opment work is conducted from may not be English, be cognizant dierences to your advantage. For says Fountain. “The more of these this o ce,” explains Mark Tuch- Treat outsourced member of your of the fact that that written example, if you have outsourced elements you can share eectively, scherer, cofounder and president, team with respect requirements may not be enough. part of your project to India, which the more likely your outsourcer Geeks Chicago. “The primary “Take some time to get to [know] So, if possible, supplement written is 9.5 hours ahead of the East will be aligned [with your business piece of advice I would oer [in the members of [the] team,” advises communication with wireframes, Coast of the United States, you goals and be able to] create real regard to managing outsourced Fountain. “Whether through a video annotated diagrams and other can send them something at the value.” or far-ung projects] is to have conference or other means, put visual aids to clearly convey your end of your business day, they can excellent management software,” faces to names and get to know needs. The more specic you are, work on it while you are sleeping Make sure everyone’s working he says. “We use JIRA because we what makes them tick. Bottom line: the better the chance of getting and have it back to you at the start from the same playbook are an agile company, but some- treat your outsourced team like the the deliverable you are looking for. of the next business day. “Always create a playbook that thing like Asana would work as partner you expect them to be” and contains step-by-step instructions,” well. Everything should run they will be. says Kapil Bagai, manager, LexIn- In addition, “your processes should Make sure everyone’s working through the software; never use Story By: Jennifer Lonoff SchiffSS nova Technologies, a legal involve a tracking mechanism o the same les email to manage project” outsourcing and technology [metrics] for measuring the team's Enable globally distributed teams consulting rm. “This facilitates productivity and quality,” says Bagai. to collaborate as if in the same

–(45)– byFeatured Mark Kerzner (Author): Mark Kerzner (Chief Product Architect) August5 August, 5, 2015 2015

quick response to queries eDiscovery and the Internet of Things against a large dataset, Spark and Storm for real-time processing, and many more. The “Internet of Things” (IoT) means that there are, What you need to know and will be, many more about Big Data technology sources of information Anyone who wants to available for eDiscovery understand the challenges of than ever before, and that Big Data will do well by the volume of this familiarizing oneself with information is growing at Hadoop and its ecosystem. an accelerating rate. Otherwise, one’s understanding will be too This can play out both for vague and nebulous. There are advantage and a number of resources disadvantage in litigation, available on the internet which years of NSA development; it advanced tools, such as GATE, so the questions of one can reference to improve solves many IoT which stands for “General requesting, preserving, their understanding of load-balancing challenges Architecture for Text reviewing and producing Hadoop including my free and gives an HTML5-based Engineering”. We, for the information are best to text has been around since the Luckily, technology giants book, Hadoop Illuminated. be addressed soon. We late nineties. What makes Big Data such as Google, Facebook, interface for con guring data example, are applying our streams in real time. work at DARPA, to extract suggest a balanced special are the new, technical Yahoo and Twitter have Implementation tips (and meaning, not just keywords or approach to gradual challenges, often abbreviated as faced technology reference architecture) for Don’t make a mistake of putting statistics, from documents. implementation for all stages 3V: Volume, Velocity, Variety. challenges for a long time, eDiscovery and IoT everything into a NoSQL of eDiscovery in the IoT. and have developed and I have put together a solution like HBase or Cassandra. Review, just as well, should The June 2015 McKinsey report, made available a number of reference architecture, This will make your solution be built on Big Data NoSQL Introduction “The Internet of Things: Mapping solutions. These solutions represented by the diagram inexible, fast for some queries tools, which will guarantee Every week there are a few the Value beyond the Hype” pegs are largely open source, below. It is based on my but extremely slow for others, super-fast performance on new write-ups on the total IoT economic potential at resulting in robust, dynamic extensive experience of which you have not anticipated. any volume of data or any eDiscovery and the IoT. $11 trillion in the coming decade, software with low total cost teaching and practicing Big Afterwards, when you have seen number of reviewers. You can However, by far the while the Cisco “Internet of of ownership (TOC). The Data, as well as on the the typical queries, you will be consult my book “HBase majority misses the Everything” puts it at $19 trillion. rst and foremost of these feedback from my Hadoop-based able to add a NoSQL Design Patterns,” which works important understanding solutions is Hadoop, which solution for eDiscovery. of what Big Data is. They Thus, there is no doubt that the IoT provides scalable storage component. Do it by replicating, out many of the issues not replacing the data. important for eDiscovery. take it as “just a lot of data, revolution is bound to happen. and computational In brief, you use a data more than a lawyer can There is also little doubt that it will capability on clusters of collection tool that deposits For processing, use Hadoop Finally, and this has been said read,” and proceed to present lawyers and technology commodity servers. the data in HDFS, the storage or Spark. This will make sure many times, security should describe the standard text experts with signi cant challenges, component of Hadoop. The that you can process any not be an afterthought, but analytics techniques, often but also opportunities. The IoT is Along with Hadoop, there tool could be Flume for batch amount of data (think should be a part of your promoting their particular de nitely a technology problem, as are also Flume and Sqoop collections or Storm/Kafka for terabytes) in any required development from the brand of text analytics. opposed to societal or political. for data collection; Pig and more real-time components. time frame (think hours for beginning. “Hadoop Security” Thus, the means for addressing it Hive for processing; HBase, One must also consider Hadoop, minutes for Spark). can be said to be the rst and The key word searches will also be technological. Cassandra and other NoSQL Apache Ni , a product of 8 and statistical analysis of solutions for generating Analytics use the most only de nitive book on the subject right now.

–(46)– Contd.. byFeatured Mark Kerzner (Author): Mark Kerzner (Chief Product Architect) August5 August, 5, 2015 2015

quick response to queries against a large dataset, Spark and Storm for real-time processing, and many more. The “Internet of Things” (IoT) means that there are, What you need to know and will be, many more about Big Data technology sources of information Anyone who wants to available for eDiscovery understand the challenges of than ever before, and that Big Data will do well by the volume of this familiarizing oneself with information is growing at Hadoop and its ecosystem. an accelerating rate. Otherwise, one’s understanding will be too This can play out both for vague and nebulous. There are advantage and a number of resources disadvantage in litigation, available on the internet which years of NSA development; it advanced tools, such as GATE, so the questions of one can reference to improve solves many IoT which stands for “General requesting, preserving, their understanding of load-balancing challenges Architecture for Text reviewing and producing Hadoop including my free and gives an HTML5-based Engineering”. We, for the information are best to text has been around since the Luckily, technology giants book, Hadoop Illuminated. be addressed soon. We late nineties. What makes Big Data such as Google, Facebook, interface for con guring data example, are applying our streams in real time. work at DARPA, to extract suggest a balanced special are the new, technical Yahoo and Twitter have Implementation tips (and meaning, not just keywords or approach to gradual challenges, often abbreviated as faced technology reference architecture) for Don’t make a mistake of putting statistics, from documents. implementation for all stages 3V: Volume, Velocity, Variety. challenges for a long time, eDiscovery and IoT everything into a NoSQL of eDiscovery in the IoT. and have developed and I have put together a solution like HBase or Cassandra. Review, just as well, should The June 2015 McKinsey report, made available a number of reference architecture, This will make your solution be built on Big Data NoSQL Introduction “The Internet of Things: Mapping solutions. These solutions represented by the diagram inexible, fast for some queries tools, which will guarantee Every week there are a few the Value beyond the Hype” pegs are largely open source, below. It is based on my but extremely slow for others, super-fast performance on new write-ups on the total IoT economic potential at resulting in robust, dynamic extensive experience of which you have not anticipated. any volume of data or any eDiscovery and the IoT. $11 trillion in the coming decade, software with low total cost teaching and practicing Big Afterwards, when you have seen number of reviewers. You can However, by far the while the Cisco “Internet of of ownership (TOC). The Data, as well as on the the typical queries, you will be consult my book “HBase majority misses the Everything” puts it at $19 trillion. rst and foremost of these feedback from my Hadoop-based able to add a NoSQL Design Patterns,” which works important understanding solutions is Hadoop, which solution for eDiscovery. of what Big Data is. They Thus, there is no doubt that the IoT provides scalable storage component. Do it by replicating, out many of the issues not replacing the data. important for eDiscovery. take it as “just a lot of data, revolution is bound to happen. and computational In brief, you use a data more than a lawyer can There is also little doubt that it will capability on clusters of collection tool that deposits For processing, use Hadoop Finally, and this has been said read,” and proceed to present lawyers and technology commodity servers. the data in HDFS, the storage or Spark. This will make sure many times, security should describe the standard text experts with signi cant challenges, component of Hadoop. The that you can process any not be an afterthought, but analytics techniques, often but also opportunities. The IoT is Along with Hadoop, there tool could be Flume for batch amount of data (think should be a part of your promoting their particular de nitely a technology problem, as are also Flume and Sqoop collections or Storm/Kafka for terabytes) in any required development from the brand of text analytics. opposed to societal or political. for data collection; Pig and more real-time components. time frame (think hours for beginning. “Hadoop Security” Thus, the means for addressing it Hive for processing; HBase, One must also consider Hadoop, minutes for Spark). can be said to be the rst and The key word searches will also be technological. Cassandra and other NoSQL Apache Ni , a product of 8 and statistical analysis of solutions for generating Analytics use the most only de nitive book on the subject right now. Story By: Mark Kerzner –(47)– Featured:by Lisa Brownlee Abhi Verma (Founder and Managing Director) July 30, 2015

to be seen. Internet Of Things: IoT Tech Landscape Where’s ZTE? According to LexInnova’s research, And Rankings - New Report ZTE has a total of 898 patents in the IoT space, however only 93 of these What tech defines the Internet of move into the Leadership are in the U.S. (as mentioned, the Things (IoT) and who are the quadrant if they increase the report only analyzes patents filed in major IoT tech players? These are number of high-quality patent the US). Since the least number of the topics of countless articles filings. Also, Ericsson, Qualcomm patents in the representative set and images attempting to and LG have the highest number considered for the report was 140 qualitatively define and illustrate of filings relative to the group, but huge scope of cross patent licensing, (held by Verizon), ZTE does not the IoT phenomenon. One of the relatively lower portfolio scores, mergers and acquisitions and figure in the report. most important aspects of any which kept them from qualifying collaborations in the field of IoT.” Patent landscape analysis is one of tech analysis is analyzing which for placement in the “Leaders” Where’s Google? numerous ways tech portfolios can players have quantifiably The metrics in this report are based quadrant under the analytics used Google has spent $5.5 billion be evaluated. Given the hype and demonstrated their tech on granted U.S. patents and in this report. acquiring IoT intensive companies opaque data often used when leadership in the relevant inventions for which U.S. patent like Nest, Boston Dynamics, Waze What is the IoT? The tech discussing the IoT in general and its technological fields. From an applications are pending. These and Dropcam. Last year Google also taxonomy tech prospects in particular, patent asset analysis perspective, the patents include those invented concluded a patent licensing deal The below graph depicts the IoT landscape analysis provides a most commonly-used indicia of in-house and those acquired by with LG, effective until 2023. These tech landscape as defined by reliable, time-tested means of tech leadership has historically assignment from third parties. The patents describe technologies LexInnova for its report. quantifying tech portfolios. been, and remains, patent Portfolio Filing Score on the X axis including data processing, wireless portfolio analytics. is a metric of the total number of and mobile security patents for issued and pending IoT patents by various connected devices such as Who better to provide this patent company. The Portfolio Quality wearables, tablets, and for the portfolio insight into IoT tech Score on the Y axis is based on Internet of Things, specifically for leadership but the only LexInnova’s proprietary algorithm connected devices in smart homes. organization with its work in the that adapts the methodology set IoT analysis field vetted by the forth by Mark A. Lemley, Kimberly A. Even Google’s IoT intense World Intellectual Property Moore, John R. Allison, and R. Derek acquisitions and dealmaking activity, Organization, IP and technology Trunkey in their research paper, plus its own portfolio of admittedly consulting firm LexInnova. “Valuable Patents” to calculate the IoT-intensive inventions in the digital LexInnova prepared a special quality of inventions. This imaging field, did not place Google update of its WIPO-published IoT algorithm also takes into account in the rankings in this report due to report for this article. tech coverage, citation score, claim an insufficiency in the total number broadness, and the ratio of patents Top IoT Invention Owners by Number of U.S. Filings Source: LexInnova of filings in the selected categories. IoT innovation and patent granted and applied-for For the purpose of this study, a set Google has obviously been far from protection of it are fast-moving: patents.The scores within each of of patents that are integral to IoT inactive in the IoT space. Just this “Innovation in IoT continues to these individual categories can be were extracted by LexInnova week Google announced an IoT grow exponentially, which has led found in the Appendix of the based on comprehensive research. research partnership with to the growth in patent filings in report. The patent portfolio was then Carnegie-Mellon University. The this space to overshadow other been divided into three broad mission of the partnership is, technologies. This combined with The IoT Tech Incumbents are categories – Networking, according to Carnegie-Mellon’s CMU a fragmented patent holding “players which have a good patent Computing and Infrastructure, and News, “to fulfill the IoT’s promise by pattern can lead to significant portfolio in terms of quality but then further subdivided as creating a complete system of patent licensing activity in IoT miss out on the filing front.” There depicted above. interoperable IoT technology and related technologies in the near finding answers to key research is currently no company in the Top IoT Invention Owners by future,” says Abhi Verma, questions, such as how to preserve Leadership quadrant (green), due to Number of U.S. Filings Managing Director of LexInnova. privacy and ensure security in an lower numbers of patent filings Top IoT Invention Owners, by total increasingly sensor-filled IoT tech ”Incumbents” relative to some of the higher-filing U.S. patent filings are presented in environment.” How the results of this Below is the key matrix of U.S. IoT players (shown in the orange the following chart: patent filings, depicting which quadrant). However, according to partnership will impact Google’s IoT companies scored highest and in LexInnova’s analysis, Nokia, Somfy, This fragmented distribution invention ranking under the which metrics quadrant. Microsoft and Intel are poised to reflects the “fact that there is a analytics used in this report remains

–(48)– Contd. by LisaFeatured: Brownlee Abhi Verma (Founder and Managing Director) July 30, 2015

to be seen. Where’s ZTE? According to LexInnova’s research, ZTE has a total of 898 patents in the IoT space, however only 93 of these What tech defines the Internet of move into the Leadership are in the U.S. (as mentioned, the Things (IoT) and who are the quadrant if they increase the report only analyzes patents filed in major IoT tech players? These are number of high-quality patent the US). Since the least number of the topics of countless articles filings. Also, Ericsson, Qualcomm Top IoT invention owners, by total U.S. patent filings. patents in the representative set and images attempting to and LG have the highest number considered for the report was 140 qualitatively define and illustrate of filings relative to the group, but huge scope of cross patent licensing, (held by Verizon), ZTE does not the IoT phenomenon. One of the relatively lower portfolio scores, mergers and acquisitions and figure in the report. most important aspects of any which kept them from qualifying collaborations in the field of IoT.” Patent landscape analysis is one of tech analysis is analyzing which for placement in the “Leaders” Where’s Google? numerous ways tech portfolios can players have quantifiably The metrics in this report are based quadrant under the analytics used Google has spent $5.5 billion be evaluated. Given the hype and demonstrated their tech on granted U.S. patents and in this report. acquiring IoT intensive companies opaque data often used when leadership in the relevant inventions for which U.S. patent like Nest, Boston Dynamics, Waze What is the IoT? The tech discussing the IoT in general and its technological fields. From an applications are pending. These and Dropcam. Last year Google also taxonomy tech prospects in particular, patent asset analysis perspective, the patents include those invented concluded a patent licensing deal The below graph depicts the IoT landscape analysis provides a most commonly-used indicia of in-house and those acquired by with LG, effective until 2023. These tech landscape as defined by reliable, time-tested means of tech leadership has historically assignment from third parties. The patents describe technologies LexInnova for its report. quantifying tech portfolios. been, and remains, patent Portfolio Filing Score on the X axis including data processing, wireless portfolio analytics. is a metric of the total number of and mobile security patents for Story By: Lisa Brownlee issued and pending IoT patents by various connected devices such as Who better to provide this patent company. The Portfolio Quality wearables, tablets, and for the portfolio insight into IoT tech Score on the Y axis is based on Internet of Things, specifically for leadership but the only LexInnova’s proprietary algorithm connected devices in smart homes. organization with its work in the that adapts the methodology set IoT analysis field vetted by the forth by Mark A. Lemley, Kimberly A. Even Google’s IoT intense World Intellectual Property Moore, John R. Allison, and R. Derek acquisitions and dealmaking activity, Organization, IP and technology Trunkey in their research paper, plus its own portfolio of admittedly consulting firm LexInnova. “Valuable Patents” to calculate the IoT-intensive inventions in the digital LexInnova prepared a special quality of inventions. This imaging field, did not place Google update of its WIPO-published IoT algorithm also takes into account in the rankings in this report due to report for this article. tech coverage, citation score, claim an insufficiency in the total number broadness, and the ratio of patents of filings in the selected categories. IoT innovation and patent granted and applied-for For the purpose of this study, a set Google has obviously been far from protection of it are fast-moving: patents.The scores within each of of patents that are integral to IoT inactive in the IoT space. Just this “Innovation in IoT continues to these individual categories can be were extracted by LexInnova week Google announced an IoT grow exponentially, which has led found in the Appendix of the based on comprehensive research. research partnership with to the growth in patent filings in report. The patent portfolio was then Carnegie-Mellon University. The this space to overshadow other been divided into three broad mission of the partnership is, technologies. This combined with The IoT Tech Incumbents are categories – Networking, according to Carnegie-Mellon’s CMU a fragmented patent holding “players which have a good patent Computing and Infrastructure, and News, “to fulfill the IoT’s promise by pattern can lead to significant portfolio in terms of quality but then further subdivided as creating a complete system of patent licensing activity in IoT miss out on the filing front.” There depicted above. interoperable IoT technology and related technologies in the near finding answers to key research is currently no company in the Top IoT Invention Owners by future,” says Abhi Verma, questions, such as how to preserve Leadership quadrant (green), due to Number of U.S. Filings Managing Director of LexInnova. privacy and ensure security in an lower numbers of patent filings Top IoT Invention Owners, by total increasingly sensor-filled IoT tech ”Incumbents” relative to some of the higher-filing U.S. patent filings are presented in environment.” How the results of this Below is the key matrix of U.S. IoT players (shown in the orange the following chart: patent filings, depicting which quadrant). However, according to partnership will impact Google’s IoT companies scored highest and in LexInnova’s analysis, Nokia, Somfy, This fragmented distribution invention ranking under the which metrics quadrant. Microsoft and Intel are poised to reflects the “fact that there is a analytics used in this report remains

–(49)– byFeatured Geoff Gordon (Report): Wireless Power JulyJul 28, 2015 Qualcomm is rst to announce wireless charging for metal smartphones and more [VIDEO]

This year has been one of can be assumed that it growth for wireless dominates the domain in charging. From standards terms of intellectual consolidation and expanded property.” availability, to new device Existing WiPower licensees launches and the promise of have access to the full suite a wire-free world, of WiPower reference Qualcomm Technologies, designs, including the Inc. (“Qualcomm”) has been same charging area. Resonant schematics needed to at the center of innovation. technology also allows devices to enable wireless charging in After more than eight years charge at a distance from the metal backed smartphones actively working to bring charging area, making it less and other devices. exible wireless charging cumbersome to include wireless mainstream, we have once The roster of WiPower charging in furniture and again attained a signicant licensees is growing. These automobiles, among other areas. milestone for Qualcomm include key consumer WiPower technology; While WiPower and other electronics accessory Qualcomm has cracked the solutions available from A4WP are manufacturers, Tier One and code to enable wireless unique in their ability to tolerate Tier Two automotive charging through devices metal-based objects such as keys suppliers, furniture made of metal, including and coins within the charging manufacturers, and more. smartphones and tablets. area, until now this same These licensees are in characteristic did not apply when addition to Qualcomm Up until now, smartphones wrapping a device in metal. With Incorporated’s 3G/4G patent with a metal design could not the Qualcomm solution, we licensees that may have be charged wirelessly—the expect the adoption of wireless access to patents that apply know-how simply did not charging to accelerate by to WiPower technology exist. Today, Qualcomm removing a previous barrier for through their subscriber unit becomes the rst company to phone designers. license agreements announce a solution. This innovation further Wireless charging for metal This solution is based upon strengthens the Qualcomm devices: another innovation the existing WiPower WiPower technology portfolio. In enabled by Qualcomm. technology reference design, fact, a recent report by Learn more about already Rezence-certied by LexInnova, a patent analysis rm, Qualcomm WiPower here. the Alliance for Wireless shows Qualcomm Incorporated Power (A4WP). It is Story By: Geoff Gordon possesses the strongest patent engineered to maintain all the portfolio amongst the companies benets of a resonant-based evaluated. According to its system, namely, the ability to LexScore framework, “Qualcomm simultaneously charge is the only assignee lying in the multiple devices with varying green region of the chart and it power requirements on the

–(50)– by MarkFeatured Kerzner (Author): Mark Kerzner (Chief Product Architect) July 21, 2015

meaningful management information. 5 hurdles to Hadoop adoption (and how The problem is, Hadoop was designed as a batch-processing tool. On its own, mrc to fix them) it offers little in the way of analytics for end users. As data volumes rise, we’re seeing help you get started along this more businesses gravitate towards path, here’s a great list of free What can you do about this? Hadoop. An open-source software Hadoop training courses. Fortunately, we’re seeing framework, Hadoop helps 2. Find the right software: Big advancements in this area. Hadoop businesses store and process Data and Hadoop are still analytics is a growing area. Traditional massive amounts of data without growing fields, but we’re starting BI vendors are adding Hadoop support purchasing expensive hardware. to see products emerge that to their offerings, and new Hadoop How are businesses using Hadoop? bridge the skills gap for you. For analytic vendors are cropping up. In all sorts of ways. I’ve seen instance, a product like Splice Expect this trend to increase in the examples of businesses using Machine merges the traditional coming years. Hadoop to find ideal prospects, RDBMS with Hadoop–removing prevent hardware failure, identify the skills gap entirely. Expect to warning signs of security breaches, see more offerings crop up that and so much more. managing your Hadoop aim to ease the transition. infrastructure. The fact is, this data explosion offers 3. Hadoop distribution a huge opportunity. But, businesses What can you do about this? The confusion can only use it as a competitive answer depends on your database While Hadoop is free and open advantage if they can somehow and systems you have in place. source software, some vendors capture and store this data. Since Fortunately, most database vendors have developed their own traditional databases aren’t built for do have tools and instructions for distributions. They do this to add “Big Data”, Hadoop provides the Hadoop integration. For those new capabilities, improve the best means of accomplishing this looking to manage their Hadoop code base, and offer support. The goal. infrastructure, this article lists some problem: With a growing great Hadoop-related tools (and number of distributions, But, while Hadoop offers numerous more) that might come in handy. differentiating between all of advantages, it comes with its fair them presents a challenge. How share of challenges and hurdles. If 2. Finding good talent do you know which one to pick? your business plans on adopting What is the biggest hurdle to Hadoop, you must first understand Hadoop adoption? According to the these challenges, and how to survey mentioned above, it’s the So, how do you know which address each one. What are they? lack of Hadoop skills. Why are option works best for your Here are the 5 biggest hurdles to businesses having so much trouble business? Rather than get into Hadoop adoption: finding qualified Big Data talent? As all of the details in this article, explained below, picking up 1. Hadoop integration and here are a couple of articles that Hadoop skills is more difficult than management compare different distributions learning other technical skills. Will Hadoop replace your existing in detail. database? While some products So, how can you bridge this skills 1. Comparing the Top Hadoop offer this option, Hadoop is most gap? Besides the obvious answer of Distributions often used in tandem with existing bringing in new talent, you have a 2. How the 9 Leading Hadoop systems. couple of options: Distributions Stack Up 4. Data accessibility What does this mean? It means that 1. Create your own skills: Training Hadoop provides the framework you must integrate Hadoop with from within your business is to store and process data, but your existing systems–a challenge cost-effective, and offers another that data provides little value for that is more difficult and time valuable benefit: The trainees the average business analyst (or consuming for large Hadoop already know your business. This business user) unless they can clusters. It also means you must approach results in employees who easily transform it into devote more resources into know your business and Hadoop. To –(51)– contd. by MarkFeatured Kerzner (Author): Mark Kerzner (Chief Product Architect) July 21, 2015

meaningful management information. The problem is, Hadoop was designed as a batch-processing tool. On its own, it offers little in the way of analytics for end users. As data volumes rise, we’re seeing help you get started along this more businesses gravitate towards path, here’s a great list of free What can you do about this? Hadoop. An open-source software Hadoop training courses. Fortunately, we’re seeing framework, Hadoop helps 2. Find the right software: Big advancements in this area. Hadoop businesses store and process Data and Hadoop are still analytics is a growing area. Traditional massive amounts of data without growing fields, but we’re starting BI vendors are adding Hadoop support purchasing expensive hardware. to see products emerge that to their offerings, and new Hadoop How are businesses using Hadoop? bridge the skills gap for you. For analytic vendors are cropping up. In all sorts of ways. I’ve seen instance, a product like Splice Expect this trend to increase in the examples of businesses using Machine merges the traditional coming years. Hadoop to find ideal prospects, RDBMS with Hadoop–removing Story By: Mark Kerzner prevent hardware failure, identify the skills gap entirely. Expect to warning signs of security breaches, see more offerings crop up that and so much more. managing your Hadoop aim to ease the transition. infrastructure. The fact is, this data explosion offers 3. Hadoop distribution a huge opportunity. But, businesses What can you do about this? The confusion can only use it as a competitive answer depends on your database While Hadoop is free and open advantage if they can somehow and systems you have in place. source software, some vendors capture and store this data. Since Fortunately, most database vendors have developed their own traditional databases aren’t built for do have tools and instructions for distributions. They do this to add “Big Data”, Hadoop provides the Hadoop integration. For those new capabilities, improve the best means of accomplishing this looking to manage their Hadoop code base, and offer support. The goal. infrastructure, this article lists some problem: With a growing great Hadoop-related tools (and number of distributions, But, while Hadoop offers numerous more) that might come in handy. differentiating between all of advantages, it comes with its fair them presents a challenge. How share of challenges and hurdles. If 2. Finding good talent do you know which one to pick? your business plans on adopting What is the biggest hurdle to Hadoop, you must first understand Hadoop adoption? According to the these challenges, and how to survey mentioned above, it’s the So, how do you know which address each one. What are they? lack of Hadoop skills. Why are option works best for your Here are the 5 biggest hurdles to businesses having so much trouble business? Rather than get into Hadoop adoption: finding qualified Big Data talent? As all of the details in this article, explained below, picking up 1. Hadoop integration and here are a couple of articles that Hadoop skills is more difficult than management compare different distributions learning other technical skills. Will Hadoop replace your existing in detail. database? While some products So, how can you bridge this skills 1. Comparing the Top Hadoop offer this option, Hadoop is most gap? Besides the obvious answer of Distributions often used in tandem with existing bringing in new talent, you have a 2. How the 9 Leading Hadoop systems. couple of options: Distributions Stack Up 4. Data accessibility What does this mean? It means that 1. Create your own skills: Training Hadoop provides the framework you must integrate Hadoop with from within your business is to store and process data, but your existing systems–a challenge cost-effective, and offers another that data provides little value for that is more difficult and time valuable benefit: The trainees the average business analyst (or consuming for large Hadoop already know your business. This business user) unless they can clusters. It also means you must approach results in employees who easily transform it into devote more resources into know your business and Hadoop. To –(52)– by VijaytaFeatured Sharma (Author): Vijayta Sharma (Manager - Litigation Solution) July 16, 2015

SOCIAL MEDIA: TRANSFORMING BIG DATA TO BIGGER DATA, AND BIGGER DISCOVERY CHALLENGES

According to Facebook’s developer blog, evidence. Further, in Offenback v. L.M. electronic information that gets Facebook processes 600 terabytes of Bowman, Inc., the plaintiff was ordered to transmitted through various data each day. This is largely fragmented provide login details of his Facebook mediums, the challenge is to make data, spread across a multitude of social account since he alleged that his social media manageable in the mediums, and it is giving rise to a accident prevented him from riding a eDiscovery context. The growing number of new eDiscovery challenges. motorcycle whereas his Facebook volumes, increasing complexities, As the number of social mediums keeps postings showed that he continued to fragmented social mediums and increasing, the big data issue is only ride motorcycles. rising cost pressure can pose a going to get bigger and bigger. number of challenges for tracking, Recently, in In re Milo’s Kitchen Dog managing and identifying It’s difficult to grasp the rate at which big Treats Consolidated Cases, the court information that is relevant to a data is compounding not just in volume ordered the production of social media particular litigation or investigation. but also in complexity. According to login details and in Spearin v. Linmar, the Facebook’s First Quarter 2015 Results, as court requested for ‘in camera review’ of Social media data can be managed on March 31, 2015 it had 1.44 billion discoverable content. This flurry of more effectively by running batteries monthly active users with an annual judgments has brought information from of searches on review platforms and increase of 13 percent. Additionally, The social media into the mainstream fold of leveraging analytics technologies Top 20 Valuable Facebook Statistics, ESI, leaving enforcement and regulatory that most modern e-discovery tools mentions that in every 60 seconds on authorities scrambling to harmonize it provide. These challenges can also be Facebook, 510 comments are posted, with the rules governing traditional managed with sound human 293,000 statuses are updated, and forms of evidence. expertise in conjunction with 136,000 photos are uploaded. It also technology-assisted review as was mentions that 42% of marketers report Preservation of Social Media Evidence also affirmed in the matter of Good v. that Facebook is critical to their business. Since the quantity of information on American Water Works. Additionally, a social media is vast and spreads in an proper information governance These statistics are important because unregulated manner, both parties to process in place facilitates better social media is playing a key role in litigation are in danger of being pulled collection and records management. growing number of court cases. up by the courts for posting or deleting According to Rule 901(b) of the Federal content from social media accounts as it Social Media is both addictive and Rules of Evidence, evidence can be can later turn out to be crucial evidence. pervasive. With the amount of authenticated or identified by “testimony information produced through social that a matter is what it is claimed to be” The judiciary has been very particular media and the importance being or by the “appearance, contents, about the preservation of evidence and accorded to it by the judiciary, substance, internal patterns, or other there have been several cases in which effective and efficient management distinctive characteristics taken in courts have imposed sanctions for of this information has become all conjunction with circumstances.” destroying social media evidence. In the more important, and e-discovery Allied Concrete Co. v. Lester, the court professionals should proactively Admissibility of Social Media Evidence ordered the defendant’s attorney to pay continue to bring in new techniques In addition, Rule 901(b)(4) authenticates $542,000 for instructing his client to to keep themselves up to speed with Electronically Stored Information (ESI) if conceal pieces of evidence available on the technological changes. the producing party has an evidence his Facebook profile and an additional that shows the “contents, substance, penalty of $180,000 on the defendant for About the Author: internal patterns, or other distinctive destroying the evidence. Vijayta is a project manager with characteristics” of the evidence. LexInnova, an eDiscovery and LexisNexis mentions that 81% of legal technology litigation consulting firm, Hence for an evidence to be admissible, professionals use social media in criminal where she manages document it is required for a litigant to establish investigations. In a very recent matter of review projects of varying that the evidence is (1) relevant, (2) State Of Missouri v. Nicholas Paul complexities and diverse subject authentic, and (3) not subject to being Godejohn and Gypsy R. Blancharde, matters. She is tech savvy and uses excluded under the rules of hearsay. pertaining to felony, Facebook played a TAR for better project management. Social media is easily discoverable for key role in identifying the homicide and She is reachable at many matters given those rules. Facebook screenshots were considered [email protected]. as critical piece of evidence. Social media has played a central role in Story By: Vijayta Sharma a number of high profile cases. Lorraine Management of Social Media Content v. Markel American Ins. Co. was one of for E-discovery Obligations the initial cases in which ESI was used as As companies witness a huge influx of –(53)– Featured (Report): Network Security Report July 06,2015

Cisco tops list of security-related patents

Technology company Cisco Systems owns the most network security-related patents globally, while the US and China top the associated list of jurisdictions, according to a report by a technology advisory rm.

In the LexInnova report, which details the companies and jurisdictions responsible for the highest number of patents directed to protocols, with 5,622 also seen an expansion in security, Cisco and applications. There were 1,875 mergers and acquisitions anti-virus company patents related to anti-virus in this area, the report said. Symantec took the rst technology and 1,841 directed two spots. to “identity and access “These companies try to management authorisation”. protect their market The report, called “Network position through constant Security: Overview of “The network security industry innovations and frequent patent out-licensing is highly competitive, and acquisitions,” it said. opportunities”, revealed dominated by big companies that Cisco had a portfolio such as Cisco, Symantec, and The US has seen the most of 6,442 patents, while McAfee,” the report said. patent lings related to Symantec had 5,757. security technology, Citing ndings by market followed by China, Canada Juniper Networks, with a research rm and Australia, according to portfolio of 2,926 patents, MarketsandMarkets, the the report, although and McAfee, with 1,934, report said the value of the gures were not provided. were third and fourth on network security market was the list. $95.6 billion in 2014 and is Cisco Systems, Symantec, expected to grow to $155.7 patent, security, LexInnova, Among the most billion by 2019. security patents frequently patented technologies by all The high interest in companies were security security-related patents has

–(54)– by RichardFeatured Chirgwin (Report): Network Security Report July 06,2015

US dominates net-security patents, China, Canada and Oz on the advance Cisco led the pack, even before the big buys of 2015

The US, China, Canada and Australia are the world's major sources of security patents, according to analysis by LexInnova. The company issued a report on Friday Who's who in the network security patent game, according to LexInnova looking at the market for security patent suggests that Juniper is relatively low in licensing. highly innovative, noting volume), while Cisco that its portfolio shows makes up for It'll come as no the least similarity to the middling quality by surprise that Cisco is patent collections of the volume of its the 800-pound gorilla other vendors (the applications. of the security game overlap was measured with 6,442 patents by the number of times Unsurprisingly, (followed closely by a patent application security protocols Symantec with 5,757). from one company, such dominate the lings in network security, Daylight comes third, as Check Point, cited a with security-related since the patent held by a lings in distributed next-biggest patent competitor like McAfee). computing and holder is Juniper Check Point and Juniper packet switching Networks with a were singled out for coming up behind. comparatively-paltry having high-quality Story By: Richard Chirgwin 2,926 patents. patents (although However, LexInnova –(55)– by DavidFeatured Braue (Report): Network Security Report July 03,2015 Australia is world's fourth-largest holder of network- security patents, analysis nds

Australian companies are frequently patented area, large vendor with the the world's fourth-largest with 5622 applications, least similarity to the recipients of network while distributed patents of smaller security-related patents, computing (2900), packet vendors. according to a new switching (2478), packet analysis that has lters (2351), network LexInnova applied a evaluated the patent error detection and proprietary portfolios of leading correction (1989), methodology, which it organisations by business antivirus (1875), and calls LexScore, to rank line and geography. identity and access security players based management on their patent The Network Security: authorisation (1841) were portfolios and found Overview of patent also areas of intensive that while Cisco and out-licensing patent focus. Symantec were leading opportunities report, in terms of portfolio compiled by Cisco Systems had the lings, “promising technology-advisory rm largest portfolio with companies” Check LexInnova, evaluated the 6442 security-related Point and Palo Alto information-security patents, followed by Networks were leaders portfolios of Symantec (5757), Juniper in terms of portfolio information-security Networks (2926), and quality – based on vendors, categorised McAfee (1934). Smaller bibliographical those patents by organisations like Trend references and the functional area, and Micro (507), Riverbed claim characteristics of evaluated functional Networks (468), Fortinet a particular patent – overlaps that might pose (353), F5 Networks (332) “but are found lacking risks of and Websense (201) all here, due to their intellectual-property had small but signi cant reduced patent ling”.

conicts or acquisition patent portfolios and Story By: David Braue activities. many were, in LexInnova's evaluation, Security protocols often quite similar and represented the most Juniper Networks the

–(56)– By KaushalFeatured Jha, (Author): Kaushal Jha (Manager Litigation Solution) June 23, 2015

team to acquire the new skill arrangement can take the form monitor and manage active sets required for performing of xed fees, contingency fees, projects, view project progress in the reviews. value or success based fees or real-time, view deliverable Mitigating Risks in Technology Litigation other alternatives to hourly statistics, track hours and project Service Provider Selection: fees that meets the budget. Corporations can analyze cost the most persistent challenges The selection process requires requirements of a specic case. drivers and derive the best for corporations conducting careful consideration of several There is no blanket rule of Regular Update the Preferred methods to reverse troubling litigation in the era of digital factors, including but not using dierent fee Vendor List: litigation spending trends. information. While there is no limited to the stability and arrangements, but it should There should be an established, single approach solution, but scalability of a service bring value and inherit the ongoing process to review Technology is always with a close navel-gazing, provider’s infrastructure, skills benets of shifting some or all vendors with which the changing and it has emerged corporations can analyze such set in relation to the of the legal fee risk involved in corporation has worked in the as a major challenge in the cost drivers and derive the best complexity of the matter, and a technology litigation. Fixed past few years. The vendors can ever-evolving technology methods to reverse troubling the ability to meet current fee, capped fee and the be rated and evaluated on environment for corporations. litigation spending trends. e-discovery needs. The service blended rate have emerged as various factors such as the Technology litigation is rising Some of these approaches are provider needs to evolve in the most commonly used AFAs service oerings and precipitously in both form companies involved in big lawsuits listed below: response to the technology in the U.S. experiences, ability to meet changes, and must assume a deadlines, reasonable and and spend and there has and e-discovery playing a major more sophisticated role within Improving the Cost and transparent pricing structure, been an immense rise in contributor to in ated litigation Mix of Lawyers and the corporations. Where a Quality through Better quality of work, potential to work budgets, corporate counsel is litigation costs over the last Technology Experts: litigation service provider may Project Management: Strong on quick turnaround projects continuously carving out ways for two decades. The service provider should be have previously focused project management not only and communication channels. making advances in e-discovery in a position to advise their primarily on providing legal control costs, but also meets Corporate counsel is and related technologies. They clients on e-discovery strategy, assistance, they now also have the changing client priorities Predictive Coding Should Not continuously facing have started adapting various cost and help lawyers to identify to serve a number of in-house and project surprises. Be Viewed as a “Messiah”: challenges with the increased reduction methods, better project where potentially relevant legal and consulting functions. Experienced project managers Corporations are still struggling horrid volume and complex management techniques, information might exist in If the service provider is well are quick and ecient in to reap the benets of predictive electronic data. In a recent alternative fee arrangements, and connection with the litigation. equipped to take on the setting up projects, design coding in performing reviews as report, Norton Rose are scrutinizing the selection This requires a team of experts, challenges posed by the work ows, check project it has failed to gain widespread Fulbright's 2015 Litigation criterion of apropos service one who is managing the technology changes and has eciency, and keeping track of use in the legal department. It Trends Survey, which was provider. discovery process and the other an established work ow in budgeting. The Project must be ensured that the conducted among U.S. who can translate technical place, the discovery process Manager should be capable technology used is compatible respondents, it was found The legal industry has grown skills and know-hows to will be more cost ecient and enough to provide details and and does not emerge as an that there has been an colossally, and service providers attorneys. Technology litigation sustainable for clients. communicate the technical impediment in meeting the new increase in the legal budgets have begun to concentrate on requires a team of varied skills issue involved in the case. challenges of technology of corporations. establishing standardized set, and it has posed a Alternative Fee Client litigation. Corporate counsel Arrangements (AFAs): must develop a strong processes and methods in an eort challenging task for the service AFAs is not a novel idea, but Engagement Tool: understanding of the problems With the increasing number to meet the ethical requirements of provider to become specialists there is a limited practice and The rise of the technology has related to each case, work on a corporate counsel. The of patent suits, many in all of the skills and application of these pricing led to a paradigm shift in the weakest link, develop their technology development provides corporations have technologies required in arrangements. Technology has way law rms and service internal talent, and reinforce that augmented their intellectual an opportunity for the service technology litigation. The become more obscure and providers engage with their understanding with the property litigation budget. provider to step into the consulting corporate counsel and the leads to serious risks in scoping clients. The client engagement appropriate skills and experience Life sciences, healthcare and role, however, the service provider service providers need to of the project. It has become tool should be used to further to ensure accurate and technology and innovation isn’t necessarily able to make that explore the implications of the imperative for the corporations strengthen the ongoing defensible review. have emerged as big-dollar shift in a role of a consultant. changing nature of the to embrace the value relationships. This may involve cases in the U.S. With large These factors have turned out to be technology and educate their proposition of AFAs. Such frequent online interactions,

–(57)– Contd. By KaushalFeatured Jha, (Author): Kaushal Jha (Manager Litigation Solution) June 23, 2015 Contd. from page 1

team to acquire the new skill arrangement can take the form monitor and manage active sets required for performing of xed fees, contingency fees, projects, view project progress in the reviews. value or success based fees or real-time, view deliverable other alternatives to hourly statistics, track hours and project Service Provider Selection: fees that meets the budget. Corporations can analyze cost the most persistent challenges The selection process requires requirements of a specic case. drivers and derive the best for corporations conducting careful consideration of several There is no blanket rule of Regular Update the Preferred methods to reverse troubling litigation in the era of digital factors, including but not using dierent fee Vendor List: litigation spending trends. information. While there is no limited to the stability and arrangements, but it should There should be an established, single approach solution, but scalability of a service bring value and inherit the ongoing process to review Technology is always with a close navel-gazing, provider’s infrastructure, skills benets of shifting some or all vendors with which the changing and it has emerged corporations can analyze such set in relation to the of the legal fee risk involved in corporation has worked in the as a major challenge in the cost drivers and derive the best complexity of the matter, and a technology litigation. Fixed past few years. The vendors can ever-evolving technology methods to reverse troubling the ability to meet current fee, capped fee and the be rated and evaluated on environment for corporations. litigation spending trends. e-discovery needs. The service blended rate have emerged as various factors such as the Technology litigation is rising Some of these approaches are provider needs to evolve in the most commonly used AFAs service oerings and precipitously in both form companies involved in big lawsuits listed below: response to the technology in the U.S. experiences, ability to meet changes, and must assume a deadlines, reasonable and and spend and there has and e-discovery playing a major more sophisticated role within Improving the Cost and transparent pricing structure, been an immense rise in contributor to in ated litigation Mix of Lawyers and the corporations. Where a Quality through Better quality of work, potential to work budgets, corporate counsel is litigation costs over the last Technology Experts: litigation service provider may Project Management: Strong on quick turnaround projects continuously carving out ways for two decades. The service provider should be have previously focused project management not only and communication channels. making advances in e-discovery in a position to advise their primarily on providing legal control costs, but also meets Corporate counsel is and related technologies. They clients on e-discovery strategy, assistance, they now also have the changing client priorities Predictive Coding Should Not continuously facing have started adapting various cost and help lawyers to identify to serve a number of in-house and project surprises. Be Viewed as a “Messiah”: challenges with the increased reduction methods, better project where potentially relevant legal and consulting functions. Experienced project managers Corporations are still struggling horrid volume and complex management techniques, information might exist in If the service provider is well are quick and ecient in to reap the benets of predictive electronic data. In a recent alternative fee arrangements, and connection with the litigation. equipped to take on the setting up projects, design coding in performing reviews as report, Norton Rose are scrutinizing the selection This requires a team of experts, challenges posed by the work ows, check project it has failed to gain widespread Fulbright's 2015 Litigation criterion of apropos service one who is managing the technology changes and has eciency, and keeping track of use in the legal department. It Trends Survey, which was provider. discovery process and the other an established work ow in budgeting. The Project must be ensured that the conducted among U.S. who can translate technical place, the discovery process Manager should be capable technology used is compatible respondents, it was found The legal industry has grown skills and know-hows to will be more cost ecient and enough to provide details and and does not emerge as an that there has been an colossally, and service providers attorneys. Technology litigation sustainable for clients. communicate the technical impediment in meeting the new increase in the legal budgets have begun to concentrate on requires a team of varied skills issue involved in the case. challenges of technology of corporations. establishing standardized set, and it has posed a Alternative Fee Client litigation. Corporate counsel Arrangements (AFAs): must develop a strong processes and methods in an eort challenging task for the service AFAs is not a novel idea, but Engagement Tool: understanding of the problems With the increasing number to meet the ethical requirements of provider to become specialists there is a limited practice and The rise of the technology has related to each case, work on a corporate counsel. The of patent suits, many in all of the skills and application of these pricing led to a paradigm shift in the weakest link, develop their technology development provides corporations have technologies required in arrangements. Technology has way law rms and service internal talent, and reinforce that augmented their intellectual an opportunity for the service technology litigation. The become more obscure and providers engage with their understanding with the property litigation budget. provider to step into the consulting corporate counsel and the leads to serious risks in scoping clients. The client engagement appropriate skills and experience Life sciences, healthcare and role, however, the service provider service providers need to of the project. It has become tool should be used to further to ensure accurate and technology and innovation isn’t necessarily able to make that explore the implications of the imperative for the corporations strengthen the ongoing defensible review. have emerged as big-dollar shift in a role of a consultant. changing nature of the to embrace the value relationships. This may involve Story By: Kaushal Jha cases in the U.S. With large These factors have turned out to be technology and educate their proposition of AFAs. Such frequent online interactions,

–(58)– By ChrisFeatured Talbot (Report): Network Security Report June 22, 2015 Cisco holds broadest network security patent portfolio, but loses in quality

When it comes to the number may very well get portfolios through of patents in its security scooped up in merger acquisition. We'll portfolio, Cisco Systems has and acquisition deals have to wait and see the biggest and broadest, but by the larger which ones remain smaller, more security-focused companies. That's not independent and vendors are winning in terms out of the ordinary, as which end up being of quality, according to a new players like Cisco have acquisition targets report and infographic from added to their security consulting rm LexInnova.

Cisco appears to be collecting network security patents. According to LexInnova, Cisco currently has about 6,442 patents or patent applications related strictly to network security. Not exactly a small number. And although Cisco's quality score is higher than many of its competitors, a higher level of quality among that intellectual property is found among security-focused vendors, particularly Check Point and Palo Alto Networks – both of which score very high on quality, but not so much on their breadth.

LexInnova's report also speculates that niche players

Story By: Chris Talbot –(59)– By DerekFeatured: Handova Abhi Verma (Founder and Managing Director) June 22, 2015 Start Me Up! (Part 1): Indian Startup Scene in A former consultant for analytics for utilities, Silicon Valley Deloitte in the 2000s, Arora and AutoGrid is executing its Clearly, the world economy his brother Ramit Arora come vision. For example, the city has rebounded since originally from Delhi, which of Palo Alto (California) September 2014. And with gave them an appreciation for utilities department has that the venture capitalists the obstacles that been able to use demand (VCs) have opened up their entrepreneurial Indian response to shed 1.2 purse strings with startup immigrants can face. megawatts per demand funding increasing 62 percent Channeling that experience, in response event or reduce since 2013. A lot of this money just eight years, Biz2Credit 3.5 MWh of total energy per is destined for Silicon Valley funding has helped create event. This capability seems and some of it for more than 11,000 jobs. And the even more important in India-associated startups. So funding pace should pick up light of the Federal Energy what is being funded in the this year based on projections Regulatory Commission Indian Silicon Valley startup for $600 million more of new estimate that the United scene? business loans in 2015, States could avoid building according to Biz2Credit. 188 gigawatts of power Economy Lead contacted a plants through dynamic Smart grid startup peak power controls. number of leading startups in that’s generated interest startups and small businesses As smart grid technology Silicon Valley founded by recently is providing over its lifetime. This startup, catches on around the world those of Indian heritage or consulting/analytics to Biz2Credit, founded by CEO for making electrical utilities with signi cant operations in leading technology Rohit Arora in 2007, is widely more ecient, their needs for India to nd out what they are companies by leveraging recognized as the No. 1 online data analytics will only up to with their slice of VC intellectual property,” says credit resource for startup increase. One Indian startup money. What follows is part Abhi Verma, managing loans, lines of credit, rushing to ll that need is one of a roundup of what’s director, LexInnova, “to help equipment loans, working AutoGrid. hot right now among Indian them focus their R&D eorts capital and other funding startups. and identify gaps, which options, according to a “AutoGrid’s software analyzes they can ll by acquiring company source. the exponentially expanding Patent and litigation technology other companies or wave of data being generated startup licensing their patents.” “Using the latest technology, by smart meters, building Someone once said that Biz2Credit matches borrowers management systems, voltage nothing in life is certain While LexInnova has not yet to nancial institutions based regulators, thermostats and except death and taxes. received VC funding, it has on each company’s unique other equipment,” says Raj Pai, However, she may have had numerous oers to pro le,” Arora says of his insight global head of products, overlooked the modernists’ date. “However, we plan to into a gap in startup funding. AutoGrid. “So utilities can penchant for taking each seek funding this year,” “Despite small businesses obtain precise insight into other to court. With so many Verma says, “as we expand being among banking where power is going and lawsuits led and other rapidly and move some of institutions most pro table enact automated, responsive legal handiwork in need of our services to a SaaS loan clients, many controls in conjunction with attending, India-founded model.” entrepreneurs and small patent, litigation and business owners from South their customers.” technology consulting Source of startup funding startup Asia and India seemed to have With the recent release of its startup LexInnova sees a Ironically, for this article, one trouble securing bank third version of the Energy large niche in need of lling. of the leading Silicon Valley loans—even though such Data Platform and in startups of Indian origin has entrepreneurs boast low partnership with Microsoft and “While we provide an array generated more than $1.2 default rates.” Trilliant to develop predictive of services, our key service billion in funding for other

–(60)– Contd. By DerekFeatured: Handova Abhi Verma (Founder and Managing Director) June 22, 2015 Contd. from page 1

A former consultant for analytics for utilities, Deloitte in the 2000s, Arora and AutoGrid is executing its Clearly, the world economy his brother Ramit Arora come vision. For example, the city has rebounded since originally from Delhi, which of Palo Alto (California) September 2014. And with gave them an appreciation for utilities department has that the venture capitalists the obstacles that been able to use demand (VCs) have opened up their entrepreneurial Indian response to shed 1.2 purse strings with startup immigrants can face. megawatts per demand funding increasing 62 percent Channeling that experience, in response event or reduce since 2013. A lot of this money just eight years, Biz2Credit 3.5 MWh of total energy per is destined for Silicon Valley funding has helped create event. This capability seems and some of it for more than 11,000 jobs. And the even more important in India-associated startups. So funding pace should pick up light of the Federal Energy what is being funded in the this year based on projections Regulatory Commission Indian Silicon Valley startup for $600 million more of new estimate that the United scene? business loans in 2015, States could avoid building according to Biz2Credit. 188 gigawatts of power Economy Lead contacted a plants through dynamic Smart grid startup peak power controls. number of leading startups in that’s generated interest startups and small businesses over its lifetime. This startup, As smart grid technology Silicon Valley founded by recently is providing Story By: Derek Handova catches on around the world those of Indian heritage or consulting/analytics to Biz2Credit, founded by CEO for making electrical utilities with signi cant operations in leading technology Rohit Arora in 2007, is widely more ecient, their needs for India to nd out what they are companies by leveraging recognized as the No. 1 online data analytics will only up to with their slice of VC intellectual property,” says credit resource for startup increase. One Indian startup money. What follows is part Abhi Verma, managing loans, lines of credit, rushing to ll that need is one of a roundup of what’s director, LexInnova, “to help equipment loans, working AutoGrid. hot right now among Indian them focus their R&D eorts capital and other funding startups. and identify gaps, which options, according to a “AutoGrid’s software analyzes they can ll by acquiring company source. the exponentially expanding Patent and litigation technology other companies or wave of data being generated startup licensing their patents.” “Using the latest technology, by smart meters, building Someone once said that Biz2Credit matches borrowers management systems, voltage nothing in life is certain While LexInnova has not yet to nancial institutions based regulators, thermostats and except death and taxes. received VC funding, it has on each company’s unique other equipment,” says Raj Pai, However, she may have had numerous oers to pro le,” Arora says of his insight global head of products, overlooked the modernists’ date. “However, we plan to into a gap in startup funding. AutoGrid. “So utilities can penchant for taking each seek funding this year,” “Despite small businesses obtain precise insight into other to court. With so many Verma says, “as we expand being among banking where power is going and lawsuits led and other rapidly and move some of institutions most pro table enact automated, responsive legal handiwork in need of our services to a SaaS loan clients, many controls in conjunction with attending, India-founded model.” entrepreneurs and small patent, litigation and business owners from South their customers.” technology consulting Source of startup funding startup Asia and India seemed to have With the recent release of its startup LexInnova sees a Ironically, for this article, one trouble securing bank third version of the Energy large niche in need of lling. of the leading Silicon Valley loans—even though such Data Platform and in startups of Indian origin has entrepreneurs boast low partnership with Microsoft and “While we provide an array generated more than $1.2 default rates.” Trilliant to develop predictive of services, our key service billion in funding for other

–(61)– ByFeatured Rana J. Pratap (Author): Rana Pratap (Principal Consultant - Technology) June 8, 2015

Avago/Broadcom Create Patent Powerhouse Last year, Broadcom announced its exit from the cellular baseband market, With their proposed $37 billion merger, Broadcom Corp. will strengthen after a huge downfall in revenue due to strong Avago Technologies' patent position signi cantly in sectors such as competition from Qualcomm, Intel, MediaTek, and others. mobile, the data center and the Internet of Things. Without baseband technology, Broadcom's Wi-Fi Avago’s own patent chips became less attractive portfolio is small, with to low-end smartphone around 5,000 patents and makers who prefer oering patent applications. But baseband processor when combined with integrated with Wi-Fi, in order patents and applications to gain eciencies of cost assigned to its recent and size. The situation acquisitions such as LSI, became even worse for PLX, Emulex, CyOptics, Broadcom when their major and In neon, the number vendor, Samsung chose of patents in its portfolio Qualcomm’s 28nm quad-core rises signi cantly to chip over their 40nm 20,304. However, this is alternative. However, still slightly less than the Broadcom continues to enjoy 20,689 patent and Broadcom, Avago and LSI patents related to data center systems. a strong presence in domains, and it will be applications Broadcom broadband and connectivity interesting to see how they mobile technology, the data center and IoT. has in its portfolio. and Renesas (40,751). The and memory controllers, businesses. will leverage their collective other top players include which will bene t the assets. The acquisition is The merged company merged company. Another major consequence certainly a win-win for both --Rana J. Pratap is a principal large consumer electronics consultant for technology at would be the ninth companies (Samsung and of this acquisition will be companies, and greatly largest holder of patents In the mobile sector, the Avago’s entry into IoT space. enhances Avago’s IP LexInnova, a patent and Toshiba) and memory makers litigation consulting rm. among the top (Micron and SK Hynix). acquisition will give Avago After exiting from cellular portfolio in the area of semiconductor vendors, access to Broadcom’s patents baseband market, IoT according to an analysis LSI Corp. and Broadcom are on baseband technology, became one of Broadcom’s by our team at LexInnova. major players in data center which will add great value to prime focuses. Broadcom has It would rank ahead in and server technology the company and also help it signi cant patents and patents of TSMC (34,184), domains. The merger will stave o competition from applications in the domain of Texas Instruments result in the new Broadcom Qualcomm and MediaTek. topology management, (32,946), surging ahead of many Additionally, Avago will resource management, STMicroelectronics leading players in these bene t from Broadcom’s information retrieval, etc. (32,910) and the domains, such as Qualcomm signi cant number of which are essential to proposed NXP/Freescale and ARM. Speci cally, patents and applications in succeed in the IoT space. merger (30,344). It is Broadcom has a large number the domain of transmission behind only three logic of patents and applications in systems, data switching Overall, both Avago and vendors -- Qualcomm the domains of power systems, multiplexing Broadcom own signi cant (76,130), Intel (59,569) management, control units, techniques etc. intellectual property in their –(62)– Contd. ByFeatured Rana J. Pratap (Author): Rana Pratap (Principal Consultant - Technology) June 8, 2015 Contd. from page 1

Last year, Broadcom announced its exit from the cellular baseband market, after a huge downfall in revenue due to strong competition from Qualcomm, Intel, MediaTek, and others. Without baseband technology, Broadcom's Wi-Fi Avago’s own patent chips became less attractive portfolio is small, with to low-end smartphone around 5,000 patents and makers who prefer oering patent applications. But baseband processor when combined with integrated with Wi-Fi, in order patents and applications to gain eciencies of cost assigned to its recent and size. The situation acquisitions such as LSI, became even worse for PLX, Emulex, CyOptics, Broadcom when their major and In neon, the number vendor, Samsung chose of patents in its portfolio Qualcomm’s 28nm quad-core rises signi cantly to chip over their 40nm 20,304. However, this is alternative. However, Broadcom, Avago patents related to mobile systems still slightly less than the Broadcom continues to enjoy 20,689 patent and a strong presence in domains, and it will be applications Broadcom broadband and connectivity interesting to see how they mobile technology, the data center and IoT. has in its portfolio. and Renesas (40,751). The and memory controllers, businesses. will leverage their collective other top players include which will bene t the assets. The acquisition is The merged company merged company. Another major consequence certainly a win-win for both --Rana J. Pratap is a principal large consumer electronics consultant for technology at would be the ninth companies (Samsung and of this acquisition will be companies, and greatly largest holder of patents In the mobile sector, the Avago’s entry into IoT space. enhances Avago’s IP LexInnova, a patent and Toshiba) and memory makers litigation consulting rm. among the top (Micron and SK Hynix). acquisition will give Avago After exiting from cellular portfolio in the area of semiconductor vendors, access to Broadcom’s patents baseband market, IoT according to an analysis LSI Corp. and Broadcom are on baseband technology, became one of Broadcom’s by our team at LexInnova. major players in data center which will add great value to prime focuses. Broadcom has It would rank ahead in and server technology the company and also help it signi cant patents and patents of TSMC (34,184), domains. The merger will stave o competition from applications in the domain of Texas Instruments result in the new Broadcom Qualcomm and MediaTek. topology management, (32,946), surging ahead of many Additionally, Avago will resource management, STMicroelectronics leading players in these bene t from Broadcom’s information retrieval, etc. (32,910) and the domains, such as Qualcomm signi cant number of which are essential to proposed NXP/Freescale and ARM. Speci cally, patents and applications in succeed in the IoT space. merger (30,344). It is Broadcom has a large number the domain of transmission behind only three logic of patents and applications in systems, data switching Overall, both Avago and vendors -- Qualcomm systems, multiplexing Broadcom own signi cant the domains of power Patents of the merged companies related to the Internet (76,130), Intel (59,569) management, control units, techniques etc. intellectual property in their of Things –(63)– Story By: Rana Pratap Featured:By Monica Alleven Rana Pratap (Principal Consultant - Technology) June 3, 2015

Samsung, Qualcomm lead the charge in wireless power patent activities

Samsung and Qualcomm (NASDAQ:QCOM) have led the most patent applications and received the most patents for technology related to wireless power, with LG coming in third place, according to data compiled by LexInnova.

Guess who was a no-show? Apple (NASDAQ: AAPL). The consumer electronics giant hasn't amassed a ton of patents in the space, which is somewhat of a surprise given how much wireless power is driven by handset makers, said Rana Pratap, principal technology consultant at Total patents/patent applications in various consortiums. (Source: LexInnova) LexInnova.

Of course, Apple could license The report also notes that Qualcomm companies are part of multiple technology from Qualcomm or has a majority of its patents standards. For example, another vendor and not show up on pertaining primarily to the inductive LexInnova's research shows the patent application list. But it's technique of wireless charging. The Samsung with 1,136 wireless notable because a lot of industry patent ling trend "indicates that power patents/patent observers are wondering what's Qualcomm hasn't focused on applications, and that includes cooking at Apple in the wireless magneto-dynamic coupling," the Qi, PMA and A4WP types. charging arena. report states. LG has a strong Qualcomm comes in with 1,014, portfolio in inductive technique, and it, too, has dabbled in all LexInnova can also sort through magnetic resonance coupling and three standards. The report notes patents and patent citations and mobile computing device. that Qualcomm's Snapdragon automatically rank them. In a recent 810 processors support report ranking companies with the Earlier this week, wireless power Qualcomm's WiPower maximum number of high-strength standards groups the Alliance for technology. patents, Qualcomm comes out on Wireless Power (A4WP) and Power top, followed by Samsung, Access Matters Alliance (PMA), announced Toyota is another top assignee in Business Group International, LG, the signing of a merger agreement wireless power transmission. The WiTricity Corporation, Broadcom between the two organizations. auto maker plans to introduce and Mojo Mobility. Previously at the International CES WiTricity wireless charging 2015, the organizations announced a systems in its Prius and Avalon Using what it calls its Licensing Heat merger letter of intent. The Wireless car models. Map framework, LexInnova is able to Power Consortium remains a identify subdomains in the eld of separate standards group and Geographically, China has wireless power transmission where continues to support the Qi wireless witnessed maximum patent lings, licensing activity is expected to be charging standard. with 4,770 patent applications. The high. The research shows that U.S. is in second place, followed by inductive technique, magnetic When looking at the three standards Korea and Japan. resonating coupling and microwave that have been competing in the power transmission are the wireless power transmission domain, Story By: Monica Alleven subdomains where top assignees it becomes clear that many major possess a good share of patents. –(64)– By MonicaFeatured: Alleven Aditya Awasthi (Director - Client Services) JuneJune 3, 2015 3, 2015

Xiaomi, China’s New Phone Giant, Takes Aim at World Entrepreneur Lei Jun’s smartphone startup used social networking to win over Chinese, but can he repeat overseas? NEW DELHI—When Xiaomi Corp. launched a new smartphone here in April, there was an air of chaos. Employees were still stu ng gift bags that morning, and a few staers from Beijing headquarters, pressed for time, arrived on tourist rather than business visas.

After Xiaomi Chief Executive O cer Lei Jun said the Xiaomi phone status to become No. 2 stepped onstage, his rst was a much better value in smartphone-market time speaking publicly in than its big-name rivals. share after Apple Inc. English, he veered o script. His odd phrasing “Apple is gone!” he “In the smartphone went viral in online videos shouted after the world, there is no one of him repeatedly asking unveiling. “Apple and comparable” with its the crowd, “Are you OK?” Samsung SSNHZ 0.00 % business model, says are gone!” Aditya Awasthi, No matter. The Chinese research head at smartphone seller’s online That is the kind of zealotry LexInnova, a Houston oering of 40,000 phones Mr. Lei, 45, is counting on tech-consulting rm. sold out in 15 seconds. to replicate overseas his “It’s a new-age Hundreds lined up success in China, where he smartphone company.” outside the launch venue, has used an unusual mix of Story By: Monica Alleven including 17-year-old social-network marketing, Raghav Goyal, who drove fan-appreciation festivals seven hours to attend and and his own tech-star –(65)– byFeatured Rana J Pratap, (Author): PhD Rana Pratap (Principal Consultant - Technology) JUNE 2, 2015 WHY ALTERA’S ACQUISITION IS A TIMELY MOVE BY INTEL Earlier today Intel agreed to nalize a takeover of Altera. Here's why it's a timely move. The semiconductor servers to improve industry has witnessed a overall system wave of consolidation in performance, and recent times, through a through this string of mergers and acquisition, Intel could acquisitions in the last few bring major technology months. Avago’s $37 billion changes to cater to its acquisition of Broadcom Editor’s note: The following is a guest post by Rana J Pratap, PhD. Rana is Principal Consultant – Technology at LexInnova, a patent and litigation big data and cloud last week, and NXP’s consulting rm. He can be reached at [email protected] customers. The acquisition of Freescale for product lines, which include combined potential of $11.8 billion in March are processors and memory chips for Intel and Altera would some of the recent PCs, servers, and mobile devices, also make the acquisitions that have while Altera concentrates solely on combined entity well garnered a lot of attention. FPGAs. FPGA chips are very exible poised to target a and have the advantage of being growing market of Intel (NASDAQ: INTC), the able to handle speci c workloads telecommunications world’s leading with very fast compute times. This and IoT applications. semiconductor chipmakers means that if any critical algorithms This will allow Intel to continued this trend change, or a new computing add more product lines yesterday, by agreeing to workload is implemented, the to boost its revenue, buy Altera, a leading FPGA can be reprogrammed while also allowing it to manufacturer of without the need to undergo a lot consolidate its lead in eld-programmable gate of hardware change. the server market. array (FPGA) devices for Additionally, as FPGAs $16.7 billion. This Intel is the market leader in general command high acquisition would combine purpose computing servers, but margins, fabricating Intel’s leading position in the computing needs of today’s them would help Intel microprocessors with datacenter, telecommunications, in improving its top line Altera’s position in and IoT markets are evolving revenues. programmable logic rapidly, and can only be paci ed devices (that is second only with the programmability of FPGAs. to Xilinx). Intel has diverse FPGA chips have been in use within –(66)– Contd. byFeatured Rana J Pratap, (Author): PhD Rana Pratap (Principal Consultant - Technology) JUNE 2, 2015 Contd. from page 1 Intel already integrates (such as General Altera’s FPGA technology purpose processing, with its Xeon chip to specialized processing, customize CPUs and run I/O processing, etc.). special data center This deal will strengthen workloads (such as Intel’s overall server hardware acceleration). portfolios as Altera has a Intel’s biggest threat in the strong patent portfolio data center is from the in the server domain. It servers based on ARM area (both of which Intel can will also improve Intel’s architecture. While Intel’s oer) to be cost eective. capabilities in CPU is best for general Backed by Intel’s fabrication “processing.” While Intel purpose computing, ARM capabilities will allow Altera to leads in CPUs (14,925 based CPUs would be compete better against patents/patent superior in implementing competitors such as Xilinx. The applications), and speci c workloads through relationship also bene ts Intel, general-purpose hardware. Currently, most as it has been struggling to processors (10,199 of these workloads run in keep its foundries utilized with patents/patent software on an Intel CPU. PC sales going down, which still applications), while With this acquisition, Intel account for 60% of its revenue. Altera leads in general can use Altera’s FPGAs to Now Intel will be able to keep purpose processors implement these its foundries fully utilized, (1,253 patents/patent workloads in hardware to without having to fabricate for applications) and counter any threat from competitors such as Mediatek specialized processors ARM servers, capable of (TPE: 2454) and Qualcomm (1,221 patents/patent hardware-implemented (NASDAQ: QCOM). applications). workloads. This could also help Intel counter Nvidia, Our research team at LexInnova With strategic gains in which has a lead over Intel performed an analysis of the technology, revenue, in vector/parallel patent portfolios of both Intel innovation, and processing cores that are intellectual property, used in supercomputers Altera’s acquisition and scienti c computing. appears to be a well-timed move by Altera has already signed a Intel. deal with Intel to use its Story By: Rana Pratap foundry last year to manufacture FPGAs. This was a win-win relationship and Altera. According to our because FPGA fabrication analysis, both companies follow requires latest process similar patent ling trends in a nodes and a smaller die number of technology domains –(67)– Featured: Rana Pratap (Principal Consultant - Technology) Arjun Featured:Kharpal Rana Pratap (Principal Consultant - Technology) MayMay 25, 25, 2015 2015 TheThe ChineseChinese wantwant toto challengechallenge AppleApple onon itsits homehome turfturf Apple has continued to make its presence felt on the global smartphone market but there's a group of players looking to tackle the U.S. tech giant on its home turf – the Chinese.

As the smartphone market in the world's largest economy begins to slow, domestic manufacturers are looking overseas and see potential in the U.S.

A large number of companies from China have expressed an interest in entering the U.S. market, but trying to dislodge Apple from the top spot could be tricky business.

Established players such as electronics giant Lenovo and mobile infrastructure titan Huawei are continuing to invest in expanding their products into the U.S. Meanwhile upstart handset group consulting rm LexInnova. ZTE has 1,874 struggling in the smartphone business and Xiaomi has opened an international U.S. patents, while Lenovo has around this could provide an ample opportunity for online store to sell its low-cost 2,978 thanks to its acquisition of China's nest to swoop in. accessories and said smartphones would Motorola last year. But this is tiny when follow in the future. In April, Chinese compared to the 37,151 patents owned "There is no room for complacency among video streaming site LeTV – known as the and applied for by Samsung, 17,502 by existing players because the Chinese are "Net ix of China" – launched a Sony and 14,456 by LG. relentless. If you are Sony or HTC for smartphone that said would come to the example, the last thing you need is the U.S. within a year. "Both Apple and Samsung have been Chinese coming in with an extremely low forthright in using their patent portfolios margin when you are struggling to make The success of Xiaomi in China – to protect their business interests. money," Wood said. estimated to be worth $45 billion Leading Chinese challengers, Xiaomi and following a recent round of funding – Lenovo, have very limited patent Image problems was due to its tactic of selling high-spec protection in the U.S. market to avoid One of the biggest challenges for China's budget devices, a strategy followed by all litigation from the incumbents," Rana tech giants, according to analysts, is of the Chinese smartphone makers. Two Pratap, principal technology consultant building a brand in a market where Apple of the top ve vendors in the world are at LexInnova, told CNBC by email. has a 41 percent market share. Huawei told Chinese, showing the dominance they CNBC earlier this year that branding and are now commanding. Chinese 'relentless' Despite the headwinds, China's marketing is a "huge priority" while ZTE announced a sponsorship deal with the "The home market is now not as good as smartphone makers cannot be counted New York Knicks, Houston Rockets and it was, so the chance to make higher out in the U.S. A number of companies Golden State Warriors NBA teams last year. margins in other markets is attractive," from Sony to Samsung have been Ben Wood, chief of research at CCS Story By: Arjun Kharpal Insight, told CNBC by phone.

But the strategy and level of recognition the brands had in China might not mean success as they move west.

Legal challenges? And expanding to the U.S. could also lead them in a lot of legal trouble when it comes to intellectual property.

Xiaomi only has 101 U.S. patents with only 2 granted patents. Apple on the other hand has about 8,200 active patents and patent applications, according to patent and litigation –(68)– Featured:BY MARIA KOROLOV Rana Pratap (Principal Consultant - Technology) MAY 13, 2015 Hypergrid Business

Sony leads virtual reality patent race

Sony is currently leading the LexInnova’s analysis also virtual reality patent race, shows that virtual reality according to a new report from patents are not too broad. Houston-based patent consulting firm LexInnova, “Based on our analysis, a majority of the patents According to the firm’s analysis of assigned to the major nearly 12,000 patents or patent analysis have an average applications, Sony has 366 virtual claim broadness,” said reality patents or patent applications. Pratap. Microsoft is close behind, with 365, Who holds the most virtual reality patents? (Image courtesy LexInnova.) followed by Samsung with 348. Interface development Sony is the maker of the Project single biggest focus Morpheus virtual reality headset, due LexInnova also sorted the out next year. Microsoft is the maker patents based on type of of the HoloLens, an augmented reality technology, and interface headset, with no release date arrangements accounted for announced. Samsung is the maker of 2,041 of the patents, making the Gear VR headset, available for it the single largest category. the Galaxy Note 4 and Galaxy S6 smarphones for $200. It was followed by 3D modeling, with 1,727 patents or Apple didn’t even make the top 15 Number of “high strength” patents by company. (Image courtesy LexInnova.) applications. list. According to LexInnova, Apple has just 21 virtual reality-related patents or patent applications “However, as lots of companies have However, Microsoft has the strongest started investing in this technology, we patent portfolio, based on a ranking of expect it to mature rapidly and also patents by value. account for lot of patent filing activity in the near future.” The top 15 list is heavily dominated by hardware companies, but There were 2,526 patents or patent nobody has a lock on the market applications in 2014, up from 563 in 2010. just yet. According to LexInnova, Types of patents. (Image courtesy LexInnova.) the top three patent holders — “The technology is still developing, and a lot Sony, Microsoft, and Samsung — of research is expected to happen in the together account for just 9 percent near future,” he told Hypergrid Business. Story By: Maria KOROLOV of virtual reality patents and patent We can also expect a lot of patenting activity applications. from individual inventors.”

Not growing as fast as other The patent applications are one of the signs industries of increased corporate interest in the virtual The number of new virtual reality reality space. In addition, a large number of patents being filed is increasing, the patents are being filed by small companies company said. But the increase isn’t and individual investors. at the same scale as that of other fast-growing sectors, such as the LexInnova also pointed to the increase Internet of Things. rate of investment in small startups, such as Facebook’s $2 billion “This means that virtual reality acquisition of Oculus VR, and Google technology is still in its nascent and Qualcomm’s investment in Magic stages,” said Rana Pratap, Leap. LexInnova’s technology expert.

–(69)– Featuredby Rana Pratap (Author): Rana Pratap (Principal Consultant - Technology) May 8, 2015

several iterations of it. Also, several companies Who’s Winning the SSD Race? Ask the Patents are entering into partnerships to leverage their IP portfolios and share cost of manufacturing resources. Recently, Micron Technology Traditional spinning hard disk drives announced that it was working with Intel to (HDDs) have dominated datacenters release 10TB flash memory in a 2mm chip by the since their inception, primarily due to end of this year. lower upfront cost per gigabytes ($/GB) and the lack of other feasible Geographically, the United States has seen the storage options. This has begun to most patent filings in the domain of 3D NAND change in the last decade, since the technology, followed by China, Japan, Korea, and cost of solid state drives (SSDs) Taiwan. SanDisk is the top assignee in the United started dropping. States with 425 patents.

Considering the demands of modern Portfolio Apart from having the most patents in its datacenters, which typically are portfolio, SanDisk’s portfolio is also exemplary in dominated by virtual machines (VMs) There are other considerations we most important technology for terms of quality based on LexInnova’s research. and big data analytics, SSDs offer should take into account as well. For increasing the capacity and lowering Briefly, “good quality” patents meet numerous criteria: They have good technological implications and many other assignees cite superior performance. This is example: the cost per gigabyte of storage them; have been published in major markets; they were successfully granted after being filed; are broad enough to have a good important since cloud providers like drives. Today, 3D NAND based SSDs chance of finding potential licensees and real-world applicability; and cover multiple aspects of a technology. HP, Rambus, and Microsoft have begun to deliver HDDs require over provisioning due are available in the market, and are Hitachi also have good quality patents, but lack in filing activity, meaning there are fewer actual patents filed, according to our premium storage with lower latency to I/O blender effect from expected to be widely available by research. Taking a more granular look, Hitachi has the most high quality patents owing to a large number of patent citations, for big data applications on cloud virtualization of storage, which is early next year. while HP’s patents have the one of the best technological coverage. IBM, Intel, and AMD lack on both patent quality and quantity databases. minimized in SSDs. of filings. Also, they have filed most of their patents recently (between 2012 and 2014), which hampers their quality. The quality As 3D NAND is proving to be a game of their portfolios could improve further in the future after successful grant of patents that are still in the application stage, and Top Assignees from a pure cost SSDs consume less power and changing technology for storage, it is the addition of more citations. standpoint, two factors are driving generate less heat, resulting in lower safe to assume companies that have datacenter storage solutions towards utility bills and cheaper cooling the strongest IP portfolios in this Looking at the various technology sub-domains in the field of SSD technology, licensing activity is expected to be the highest in solid-state drives. Firstly, SSDs offer systems. technology will be the most well model parameters related to contact formation (FEOL); operating speed in contact formation (FEOL) along with structural a much lower operational, and in positioned to emerge as market features related to assembly/packaging. This is mainly because the patents related to these sub-domains are highly fragmented select cases, lower overall capital Solid-state drives occupy <2x leaders. Gleaning from an IP report and distributed among a number of players. cost than HDDs. It is true that hard smaller space than comparable on 3D memory which LexInnova disk drives still offer significantly capacity hard disk drives and as 3D recently published, SanDisk, Micron, Based on the strengths of their IP portfolios and significant investments in R&D, one can expect SanDisk, Samsung, and Micron lower cost per gigabyte. However, if stacking technology advances, their and Samsung are the top three patent to dominate the SSD market for datacenters in the years to come. we take into account other factors size is expected to reduce further. assignees of this technology with 829, such as cost per transaction, the cost 219, and 194 patents/patent of Input/Output operations per SSDs have lower latency, thus applications respectively. The number second ($/IOPS), and IOPS per watt, improving the responsiveness of of patents/patent applications owned then SSDs begin to offset their applications, and shorter boot times. by the top three assignees comprise higher purchase price per gigabyte. around 54 percent of the total Solid-state drives also have longer patents/patent applications (around The second factor driving adoption of life and higher reliability because 2,300) filed in this domain. SSDs is that the cost per gigabyte is they do not have moving parts like falling. This decline is due to Moore’s hard disk drives. Top assignee SanDisk shares a Law and 3D stacking of memory cells fabrication plant with Toshiba which used in SSDs. Moore’s Law allows According to the research conducted also appears among the top seven for denser memory cell circuits that by our team at LexInnova, the assignees in 3D NAND technology. result in lower overall cell cost due to majority of R&D in SSD technology Samsung is also working on its own transistor scaling. has been in 3D NAND, which is the 3D stacked memory and has released

–(70)– Contd. Featuredby Rana Pratap (Author): Rana Pratap (Principal Consultant - Technology) May 8, 2015 Contd. from page 1

several iterations of it. Also, several companies are entering into partnerships to leverage their IP portfolios and share cost of manufacturing resources. Recently, Micron Technology Traditional spinning hard disk drives announced that it was working with Intel to (HDDs) have dominated datacenters release 10TB flash memory in a 2mm chip by the since their inception, primarily due to end of this year. lower upfront cost per gigabytes ($/GB) and the lack of other feasible Geographically, the United States has seen the storage options. This has begun to most patent filings in the domain of 3D NAND change in the last decade, since the technology, followed by China, Japan, Korea, and cost of solid state drives (SSDs) Taiwan. SanDisk is the top assignee in the United started dropping. States with 425 patents.

Considering the demands of modern Portfolio Apart from having the most patents in its datacenters, which typically are portfolio, SanDisk’s portfolio is also exemplary in dominated by virtual machines (VMs) There are other considerations we most important technology for terms of quality based on LexInnova’s research. and big data analytics, SSDs offer should take into account as well. For increasing the capacity and lowering Briefly, “good quality” patents meet numerous criteria: They have good technological implications and many other assignees cite superior performance. This is example: the cost per gigabyte of storage them; have been published in major markets; they were successfully granted after being filed; are broad enough to have a good important since cloud providers like drives. Today, 3D NAND based SSDs chance of finding potential licensees and real-world applicability; and cover multiple aspects of a technology. HP, Rambus, and Microsoft have begun to deliver HDDs require over provisioning due are available in the market, and are Hitachi also have good quality patents, but lack in filing activity, meaning there are fewer actual patents filed, according to our premium storage with lower latency to I/O blender effect from expected to be widely available by research. Taking a more granular look, Hitachi has the most high quality patents owing to a large number of patent citations, for big data applications on cloud virtualization of storage, which is early next year. while HP’s patents have the one of the best technological coverage. IBM, Intel, and AMD lack on both patent quality and quantity databases. minimized in SSDs. of filings. Also, they have filed most of their patents recently (between 2012 and 2014), which hampers their quality. The quality As 3D NAND is proving to be a game of their portfolios could improve further in the future after successful grant of patents that are still in the application stage, and Top Assignees from a pure cost SSDs consume less power and changing technology for storage, it is the addition of more citations. standpoint, two factors are driving generate less heat, resulting in lower safe to assume companies that have datacenter storage solutions towards utility bills and cheaper cooling the strongest IP portfolios in this Looking at the various technology sub-domains in the field of SSD technology, licensing activity is expected to be the highest in solid-state drives. Firstly, SSDs offer systems. technology will be the most well model parameters related to contact formation (FEOL); operating speed in contact formation (FEOL) along with structural a much lower operational, and in positioned to emerge as market features related to assembly/packaging. This is mainly because the patents related to these sub-domains are highly fragmented select cases, lower overall capital Solid-state drives occupy <2x leaders. Gleaning from an IP report and distributed among a number of players. cost than HDDs. It is true that hard smaller space than comparable on 3D memory which LexInnova disk drives still offer significantly capacity hard disk drives and as 3D recently published, SanDisk, Micron, Based on the strengths of their IP portfolios and significant investments in R&D, one can expect SanDisk, Samsung, and Micron lower cost per gigabyte. However, if stacking technology advances, their and Samsung are the top three patent to dominate the SSD market for datacenters in the years to come. we take into account other factors size is expected to reduce further. assignees of this technology with 829, Story By: Rana Pratap such as cost per transaction, the cost 219, and 194 patents/patent of Input/Output operations per SSDs have lower latency, thus applications respectively. The number second ($/IOPS), and IOPS per watt, improving the responsiveness of of patents/patent applications owned then SSDs begin to offset their applications, and shorter boot times. by the top three assignees comprise higher purchase price per gigabyte. around 54 percent of the total Solid-state drives also have longer patents/patent applications (around The second factor driving adoption of life and higher reliability because 2,300) filed in this domain. SSDs is that the cost per gigabyte is they do not have moving parts like falling. This decline is due to Moore’s hard disk drives. Top assignee SanDisk shares a Law and 3D stacking of memory cells fabrication plant with Toshiba which used in SSDs. Moore’s Law allows According to the research conducted also appears among the top seven for denser memory cell circuits that by our team at LexInnova, the assignees in 3D NAND technology. result in lower overall cell cost due to majority of R&D in SSD technology Samsung is also working on its own transistor scaling. has been in 3D NAND, which is the 3D stacked memory and has released

–(71)– Featured:by Alison Diana Rana Pratap (Principal Consultant - Technology) May 5, 2015

EMC Extends Flash with XtremIO Upgrade

EMC this week expanded the capacity of its XtremIO all-flash storage array in a free upgrade to existing customers, and launched a 40TB X-Brick building block to scale all-flash clusters.

During a presentation at EMC World 2015, the developer presented its new flash offerings as a way for enterprises to consolidate more common workloads on solid-state storage systems. XtremIO 4.0 supports larger all-flash array configurations; expands on-demand capabilities, and consolidates workloads at higher levels of performance and

availabilityCredit: Thinkstock than the prior iteration, according to EMC. The upgrade more than doubles previous density with 40TBs per X-Brick and configurations of up to eight 40TB X-Bricks with non-disruptive performance, the company said. In The new version, which comes Federation Enterprise Hybrid addition, organizations can opt for capacity about 18 months after EMC began Cloud 3.0 offering is designed to expansions that automatically rebalance offering XtremIO, scales up to allow businesses to consolidate data for consistent, predictable eight X-Bricks with 16 N-way all critical workloads and sub-millisecond performance, EMC added. active controllers, compared with non-production lifecycle copies in the prior 12, and enterprises can a hybrid cloud with Tier 0 storage Flash is slowly gaining traction in non-disruptively expand arrays for and copy services. the enterprise, where its speed, performance and capacity. The small size, and energy efficiency storage array uses EMC The array is available for order can make it an attractive RecoverPoint software for this quarter. alternative to hard disk drives – scale-out replication; data on the especially in datacenters where arrays can be replicated to other EMC acquired XtremeIO about big data and virtual machines rule XtremIO arrays or any other array three years ago for $430 million, supreme, said Rana Pratap, RecoverPoint supports, predicting flash would become an principal consultant, technology, leveraging up to one-minute important piece of the at LexInnova, in an interview. recovery point objectives (RPO). software-defined datacenter. In However, cost continues to be a EMC integrated XtremIO’s copy its most recent report on flash, factor: Flash is more expensive data management functions in IDC reported EMC earned $112.3 than its predecessor, he added. enterprise application million and held 22.6 percent of management stacks including the worldwide flash array market, Because XtremIO 4.0 allows entire VMware, Oracle, Microsoft SQL followed by Pure Storage at workflows to be streamlined and Server, and Microsoft Exchange, $90.9 million and 18.3 percent automated – from storage through and allows single pane of glass share, and IBM at $82.9 million the hypervisor and into the management for multiple clusters and 16.7 percent of the market. application itself – enterprises are via XtremIO Management Server adopting the array across (XMS). The interface features Story By: Alison Diana mission-critical workloads and historical reporting over two years workflows including DevOps, of operating history; tagging and real-time analytics, database search capabilities; hosts; acceleration, private and hybrid snapshots, and built-in reporting. clouds, messaging, and electronic Finally, the XtremIO and medical records, the company said.

–(72)– Featured (Report): Virtual Reality Report Sarah E. Needleman May 05, 2015

Sony, Microsoft, Samsung Lead in Virtual-Reality Patents

Sony, Microsoft and Samsung Electronics are the top holders and applicants of patents in the burgeoning virtual-reality market, according to a report from patent consultants LexInnova Technologies. The technology companies have 366, 365 and 348 lings, respectively, out of a total of 11,751, it says.

Combined, the top three account for approximately 9% of virtual-reality patent lings overall, which Combined, the top three account for approximately 9% of virtual-reality patent lings overall, which are mainly for virtual-reality interface arrangements, 3D modeling and data processing, adds are mainly for virtual-reality interface arrangements, 3D modeling and data processing, adds Houston-based LexInnova. It also says the U.S. is leading in virtual-reality patent lings, followed Houston-based LexInnova. It also says the U.S. is leading in virtual-reality patent lings, followed closely by South Korea and China. closely by South Korea and China. Story By: Sarah Needleman

–(73)– Featured:By Matt Hamblen Aditya Awasthi (Director - Client Services) Computerworld | Apr 14, 2015April 12:32 14, PM 2015 PT

Nokia Alcatel-Lucent deal would make a complementary patent portfolio

The possible acquisition of Alcatel-Lucent of France by Finland-based Nokia would bring together complementary patent portfolios and increase their scale against larger global competitors, analysts said Tuesday.

Nokia’s patents primarily cover technology used for communications between smartphones and cell towers equipped with base stations that are provisioned with routers and other gear. Meanwhile, Alcatel-Lucent’s patents are more concentrated on communications beyond the base stations to the backhaul, which is often over ber optic cable.

Credit: Thinkstock “While the two companies have adjacent technologies, there is limited overlap in them, so this results in a good combined portfolio with the whole of the telecom technology stack,” said Aditya Awasthi, director of client services at Lexinnova, a patent analytics company based in Houston.

Lexinnova analyzed hundreds of patents held by the two companies to reach its general conclusion about the possible deal's impact on their combined patents. News of a potential deal was disclosed by the two companies early Tuesday. The companies said in a brief statement that they are in “advanced discussions” about a stock oer by Nokia for Alcatel-Lucent, but warned there is “no certainty at this stage that these discussions will result in any agreement or transaction.”

Patent prowess could play an important role in the ability of a combined company to compete against larger rivals Ericsson of Sweden and Huawei of China , at least globally, if not in the U.S. Having a larger patent portfolio will be more important as wired and wireless networks converge to handle video and other rich content, especially with the advent of faster 5G wireless technologies in coming years.

Huawei networking gear isn’t widely used in the U.S., largely because a congressional report in 2012 raised concerns about the national security risks behind use of networking equipment from a China-based company. Huawei has denied any risks exist.

If Nokia acquires Alcatel-Lucent, carriers in the U.S. would face having just three major core network gear options: Nokia, Ericsson and Samsung, said Gartner analyst Bill Menezes. “A question this raises is whether U.S. regulators would take another look at allowing a big global vendor such as Huawei to provide core infrastructure to U.S. wireless operators, for the sake of competition,” he said. Other analysts also included Cisco in that group.

U.S. carriers AT&T, Verizon and Sprint declined to comment on the possible deal. Still, there’s little question that the carriers will watch carefully as events unfold, especially since Alcatel-Lucent has already struck equipment deals with both AT&T and Verizon. The pricing of major carrier equipment from the likes of Nokia and Alcatel-Lucent is critically important to how carriers meet their bottom lines.

Jack Gold, an analyst at J. Gold Associates, said both companies may see the need to combine to “keep the competitors at bay…. Neither Nokia nor Alcatel-Lucent is really big enough to compete with Huawei in particular on a worldwide basis.” He said Huawei has been stymied in the U.S. due to the fears of Chinese spying potential, “but in the rest of the world they have been quite aggressive and have had some big wins.”

Combined revenues for Nokia and Alcatel-Lucent companies were $27 billion in 2014, which was slightly larger than either Ericsson or Huawei. –(74)– Story By: Matt Hamblen Featured:Edward C. Baig, Aditya USA AwasthiTODAY (Director - Client Services) 11:04 a.m. EDT April 14, 2015 Nokia in "advanced" talks to acquire Alcatel-Lucent

NEW YORK—Nokia and Alcatel-Lucent have “con rmed” that they are in the “advanced” stages of a potential deal that would merge the networking equipment makers, Finnish- based Nokia revealed in a statement. Any such deal would create a giant rival to industry leader Ericsson in Sweden, Huawei in China, and (in the router business), Cisco.

No terms of a proposed union have been made public. The combined company would be worth around $40 billion. In its statement, Nokia indicated that the deal “would take the form of a public exchange oer by Nokia for Alcatel-Lucent.” But the statement added that “there can be no certainty at this -(Photo: SEPPO SIRKKA, EPA) stage that these discussions will result in any agreement or transaction.”

One possible roadblock could come from the French government where Alcatel-Lucent is based.

“The government will be very vigilant regarding the possible consequences on employment and activity at the French sites of Alcatel-Lucent, notably in research and development, as well as the eects on the entire telecoms sector in France, “ the Wall Street Journal reports the French economy ministry as having said.

Once the highest yer in mobile phones, Nokia’s phone business came crashing to earth in recent years, losing out to Apple (iPhone), Android as well as cheaper Asian rivals. Nokia completed the sale of its handset business to Microsoft last year.

Today Nokia competes in network infrastructure software, hardware and services, maps, and advanced technology development and licensing.

Alcatel-Lucent has had its own troubles since Alcatel and U.S.-based Lucent merged in 2006.

Aditya Awasthi, director of client services at the LexInnova Technologies patent litigation and technology consulting rm, believes a Nokia-Alcatel-Lucent merger makes a lot of sense from an intellectual property perspective. “I see a lot of synergy between these two patent portfolios,” with minimal overlap, he says. Nokia's patents mainly cover technology that forges communication between cellphones and cellular towers; Alcatel-Lucent’s portfolio is concentrated on “back-haul” technologies.

Despite the rough sledding for both companies, Nokia and Alcatel-Lucent have had some reason to cheer lately. Alcatel-Lucent’s shares have quadrupled in the last two years, while Nokia’s have tripled.

In the aftermath of merger talks being made public, Nokia (NOK) shares were down 4.46% in early trading Tuesday; Alcatel-Lucent’s (ALU) was up 8.85%. Story By: Edward C. Baig

–(75)– Featured:By Tiernan Ray LexInnova Research Team April 14, 2015, 11:30 A.M. ET

Tech Trader Daily News, analysis, and actionable investing ideas.

Nokia Slips: An Alcatel Buy Makes Sense, What are the Synergies? Asks Street

The Street today is pondering the early-morning announcement by Nokia (NOK) that it is in talks with equipment competitor Alcatel-Lucent (ALU) to purchase the latter in a stock swap, in response to speculation yesterday by Bloomberg.

Nokia shares are down 36 cents, or 4%, at $7.95, while Alcatel is up 39 cents, almost 9%, at $4.74.

Said Nokia, In relation to recent media speculation Nokia and Alcatel-Lucent confirm that they are in advanced discussions with respect to a potential full combination, which would take the form of a public exchange offer by Nokia for Alcatel-Lucent. There can be no certainty at this stage that these discussions will result in any agreement or transaction.

Nokia made no mention of the other bit of speculation, which had boosted its shares yesterday, that it was interested in selling its “HERE” mapping business.

One factor to consider is the substantial patent holdings of the two. In that regard, patent consultants LexInnova this morning sent Tech Trader Daily their graphical rendering of the respective patent holdings of Nokia and of Alcatel.

LexInnova models Nokia and Alcatel's Intellectula peroperty assets, April 2015.

The firm opines, “This merger may open up interesting opportunities for both these companies and pose a very potent threat to the Ericsson-Huawei combination.”

–(76)– Contd. Featured:By Tiernan Ray LexInnova Research Team April 14, 2015, 11:30 A.M. ET Contd. from page 1

Wells Fargo’s Maynard Um, who has a For this deal to be value accretive to Ericsson, which enjoys ~35% share Market Perform rating on Nokia, writes Nokia, Adnaan believes the deal will (followed by Huawei at 20-25% share, that a deal would be dilutive to Nokia’s need to have synergies of ~E1.4b ALU and ZTE at ~10% each). Ending margins: assuming €1b restructuring charges and 2014, Nokia already had gross/net cash 2-3 years for the combo to be steady of Eu7.7bn/Eu5.0bn with another A 20% premium for ALU to when the state. he assigns an EV/EBIT of ~10x to Eu750mn likely to come from converts talks were first reported would result in the incremental op profit that the issued in 2011 (likely conversion later a share price of $4.64 or a market cap combined entity could generate and this year). In addition, we believe that of $12.9bn. Text from the press release have assumed Alcatel’s current stock Nokia’s Maps business is worth around indicate that discussions ”would take price/mkt cap/EV. Eu2.4bn (on 2.0x EV/sales) if that asset the form of a public exchange offer by were to be divested. Nokia” which, to us, suggests the Risks, they write, include pension company would issue shares. Based on discussions: Sultania offers his back-of-the envelope that value and our initial math, we on what Nokia should pay just for the estimate the deal would be dilutive to I don’t see the French gov blocking the wireless assets: margins and to EPS by €0.02 without deal; German/French tie ups are any synergies and accretive by €0.03 welcome and Alcatel has only a few How much should NOK pay for ALU’s assuming wireless synergies. We thousand employees left in France Wireless? We think Eu2bn to Eu2.5bn. believe the integration of ALU as a anyway. Also Macron (French finance For 2016, we assume Nokia Networks’ whole would be more complex and with minister) is quite open minded. I think revenues at Eu12.0bn with 11.5% OMs, less overall natural synergies versus the the Chinese regulator might force them and we value Networks at 1.2x EV/sales purchase of its wireless assets. With a to dispose of Alcatel Shanghai Bell. If implying Eu14.4bn in our SOTP analy- changing industry landscape (particular- they don’t that would be a positive sis (Figure 1). ALU’s Wireless had sales ly at its largest competitor), we believed surprise. I think the pension discussion of Eu4.7bn in 2014 (we estimate with Nokia would have to make changes to might be the most difficult. I don’t see 4% OM loss), and we assume its strategy. While this would change the the trustees blocking the deal (they Eu4.8bn/Eu4.5bn of sales for landscape for Nokia, the deal still sets rather be on Nokia’s balance sheet than 2015/2016 with 0%/1% OM profits eyes on core legacy businesses. We on Alcatel’s) but its valuation will (driven by ongoing restructuring efforts). expect there is likely to be more pres- determine the price Nokia is willing to Assuming this deal were to happen, this sure on Nokia to sell/spin its business pay for Alcatel equity. would imply Nokia Networks + ALU’s segments if it acquires ALU (HERE, IP, Credit Suisse’s Achal Sultania, who has Wireless entity would deliver sales of and Infrastructure). Outperform ratings on both Nokia and Eu16.4bn in 2016 with 9% OMs. Alcatel, issued a note late yesterday, However, we would argue that a scenar- Berenberg analysts Jean Beaubois and before Nokia’s statement, based on the io exists that NOK can drive 5% OMs in Adnaan Ahmed write that there’s reason Bloomberg speculation that Nokia might ALU’s Wireless given synergies around for Nokia to want Alcatel as the industry want just the wireless assets, not the R&D. This would allow combined entity heads toward 5G networking: whole of Alcatel. to do sales of Eu16.5bn with 10% OMs, which at 1.0x EV/sales would imply Why now? It has to happen now as 1) He sees good reason for Nokia to want valuation of Eu16.5bn (an increase of Alcatel CEO is fully aware that next year those wireless assets. Eu2.1bn vs. our existing scenario, its wireless business might go back in Figure 2). In addition, we also believe the red as its two largest markets; China Acquisition of ALU’s Wireless business that Nokia may have to spend Eu250mn and the US will go backward 2) both may make strategic sense for NOK in on cash restructuring and Eu500mn on companies will start to work on their 5G our view. We believe that such a swap out of some of ALU’s installed platforms soon and they don’t want to potential deal would allow Nokia to base due to differing technology stand- end up having to support both and significantly improve its presence in the ards. As such, we believe that Nokia reduce the potential cost synergies 3) US with AT&T and Verizon (where should be willing to pay in the range of 5G is much more wireless-wireline Ericsson and ALU are key suppliers), Eu2bn to Eu2.5bn for ALU’s Wireless integrated and thus Nokia needs with Nokia’s current customers being assets (implying 0.45x to 0.55x Alcatel’s IP Tech to offer a better T-Mobile and more recently Sprint EV/sales for 2016). integrated solution. (starting from mid-2014). In addition, it may also propel Nokia from distant #3 But the duo offer that the deal may or player in Wireless RAN globally (at Story By: Tiernan Ray may not have “synergies” for Nokia: ~15% share) to #2 player behind –(77)– Featured:INVESTOR' SNasirBUSINES AliS (ManagerDAILY- INTERNET - Litigation & TECHNOLOGY Solution ) MONDAY, APRIL 13, 2015 A 5 INVESTOR’S BUSINESS DAILY For Google’s Nest, Future Still Up In Air Audio May Be Its Next Target Some say the maker of ‘learning’ thermostats aims to be smart-home hub

B Y JIM NASH FOR INVESTOR'S BUSINESS DAILY Sixteen months after Google bought Nest Labs, the home-auto- mation rm has the industry won- deringwhere it’s goingnext. With $3.2 billion of acquisition money in the bank, it could try to rule the home Internet of Things, butwill it? The company denies any plans to turn its devices into smart hubs that manage other smart-home products and says that it won’t sell datagathered inowners’ homes. What Nest does matters. Among the scores of companies in the small but growing market for smart-home products, it has amongthehighest visibility. Nest’sLearningThermostattracksheatingandcoolingpatternsintoitsmemorytoadjustitselfautomatically. Many in the industry still marvel at the price, $3.2 billion, that Goo- rules for how data is transmitted gleGOOGL paid for Nest, an amount so and received in networks, said Ali. large that it intensi ed talk of a About 16% of its 2013-2014 lings newtechbubble. involved these protocols, but that Then there’s the postmodern de- percentage was 28% in 2014 alone. sign of Nest’s programmable and Filings for infrastructure control Wi-Fi-enabled Learning Thermo- systems, which manage network stat,whichhasearnediteusivein- functions, were high as well. dustryandmedia praise. In 2013-2014, 37% of patent lings Learning Thermostats have even involved these systems. Ali become stops on house tours for said that in 2014 alone, they ac- party guests. Homeowners pro- counted for 28%. gram the device by adjusting it as It’s a bit of a stretch to take the they would any thermostat. Clever patent data and conclude that Nest algorithms pick up on those pat- aims to be the smart-home hub, ternsandsoonreplicate them. says Chun Liew, founder of Smart- The thermostat can be operated HomeDB, an industry publisher in remotelyvia smartphone. Tony Fadell, who had made a name for himself as the lead inventor of Shanghai. It also can communicate with the Apple iPod, co-founded Nest, which Google bought for $3.2 billion. “I do not expect them to create a Nest’s other wireless devices, in- dedicated hub” as home-network cluding the Protect smoke and car- website seeks a “head of audio” en- the central point of contact among companies Wink and SmartThings bon-monoxidedetectorandthere- gineer to “lead the development of devices, according to a Nest execu- have,Liewsaid. cently acquired Dropcam Web Nest audio across hardware and tivespeakingon background. The Learning Thermostat and camera. software,present andfuture.” But some observers are skeptical Protect can act more hub-like, he Former Apple engineers Tony The company declines to say that Google bought Nest for its ap- said, but “Nest probably won’t Fadell — lead inventor of the iPod much. Spokeswoman Kate Brinks pliancerevenuealone. pushinthat direction.” — and Matt Rogers started Nest in told IBD that Nest’s stas grow- “Google (could be) getting lots of “I believe Nest will continue re- 2010 to do for thermostats what ing rapidly, up to 800 employees information about the user” from leasing new products and acquir- Apple had done for personal elec- from 300 employees when Google Nest’s home-automation products ing companies in other categories tronics: Make them iconic and boughtNestin January 2014. and other vendors’ products that toexpand(its footprint)”inhomes, moreuseful. work with Nest hardware, said Liewsaid. In 2013, Gigaom — a tech news Focus: Great Products Nasir Ali, head of marketing for So while he doesn’t see Nest website that has gone out of busi- Asked if Nest is expected to ever patent-consulting rm LexInnova. being an all-controlling hub, he ness—estimatedthatNestwassell- makeasigni cant impact onGoog- Ali said ananalysis of Nest’s re- does see it adding to its product ing 40,000 to 50,000 thermostats le’s revenue, she declined to com- cent patent lings indicates that portfolio. Some in the industry are permonth. ment. the company is focused on ways to already playing down Nest’s im- In January 2014, Morgan Stanley “Nestis focused on building great coordinate and communicate in for- pacton thesmart-home market. estimated that Nest was selling products,” Maxime Veron, the mation ying around wireless net- Nest is a player but not “a game 100,000 per month, according to company’sheadofproductmarket- works of thermostats, locks, fans, changer,” said Dave Bussen, direc- theWallStreet Journal. ing, told IBD via email. “A second- lights and more. tor of sales and business develop- The Learning Thermostat retails ary focus is on building a platform” He said that about 20% of Nest’s ment for high-end home-automa- for$249. forits productsandpartners. patent lings in 2013 to 2014 were tion integrator Home Tech Ex- Along the way, Nest has devel- Nest’s Fadell is on the record as for wired networking topology perts. oped a radically updated smoke saying that Nest will not use the management, which involves how Nest is one of dozens of vendors alarm—the $99 Protector — and datathat its devices gather as a rev- networked connections are orga- whose products Home Tech Ex- last June paid $555 million for enue stream, a practice that has nized. But in 2014 alone, patents on pertsconnects. Dropcam, maker of a $199 webcam helped to make Google the world’s this topic amounted to almost a Bussen called Nest’s prominence ofthesame name. fourth-biggest company by market third of Nest lings. “a positive for the industry” in that Reports have surfaced that Nest cap.Nor,apparently,doesthecom- A similar trend is seen with Nest “now, people know what (automa- willgetintoaudio systems next. pany want to control whole ma- patent lings involving wired com- tion) integration and management A help-wanted posting on Nest’s chine-to-machine networks or be munications protocols, which are candofor them.” –(78)– Story By: Jim Nash Featured:By Salvador AdityaRodriguez Awasthi (Director - Client Services) on March 30 2015 3:25 PM EDT

Why Xiaomi Is Not Coming To America Anytime Soon: It Only Has 2 US Patents

Xiaomi, a top Chinese phone maker that is border,” Bijal V. Vakil, a lawyer who currently one of the tech world’s most specializes in high-tech law and is the buzzworthy companies, is cautiously managing partner of White & Case’s Silicon eyeing the U.S. market. But any plans it Valley office, said. “That’s a very significant may have to bring products such as the Mi bargaining chip. You don’t have those same 4 or Mi Note stateside could be derailed by type of intellectual property enforcement its weak portfolio of intellectual property. In systems in other places in the world.” hyperlitigious Silicon Valley, where lawyers can be as important to a product’s success Xiaomi's Patent Options as engineers, Xiaomi’s lack of patent Fortunately for Xiaomi, there are a few protection for its smartphones means it With just two patents granted in the U.S., Xiaomi will options at its disposal. If the company is would be bringing a knife to a gunfight. have to build out its portfolio if it ever wants to launch serious about waiting and building its brand in America. Above, Lei Jun, Xiaomi founder and CEO, before launching, Xiaomi can go the Xiaomi has just two patents to its name in speaks at a company ceremony last year. Reuters/ traditional route and apply for patents -- the U.S., according to SmartUp, a legal Jason Lee already, the U.S. Patent and Trademark startup that specializes in helping clients and secure distribution partnerships before Office has published more than 65 Xiaomi connect with lawyers. If Xiaomi ever wants it can successfully compete against the patent applications, which is the step before to sell a smartphone in America, it will have likes of Apple and Samsung for American the office grants a patent. This would be a to grow that number significantly. consumers. “You can build a sexy phone, lengthy process, however, that would likely but if no one knows who you are or if no delay Xiaomi’s U.S. entrance by years. “The smartphone market is a highly, carrier promotes your product, it's hard to highly litigious market. I mean, it’s so gain traction in a nearly saturated market,” A faster option would be for Xiaomi to either lucrative that every tech company is Maribel Lopez, founder of San Francisco purchase or license a third-party patent suing every other company,” Aditya market research and consulting company portfolio. There are numerous patent Awasthi, director of client services at Lopez Research LLC, said. holding companies with which it could work, patent and litigation consulting firm but an interesting option would be Nokia. LexInnova, said. If Xiaomi “were to enter But Xiaomi’s puny patent portfolio does play When the Finnish company sold its phone this market, they’d be sued left and right a major factor. Unlike some of its business to Microsoft in 2013, one thing it by almost everyone - Apple, Samsung, competitors that have been around for kept was its enormous patent portfolio. If Ericsson, Nokia - and all these guys will decades, Xiaomi is just five years old, so it’s Xiaomi were to acquire that portfolio, it just have a field day.” no surprise it has a much smaller portfolio. would solve its dilemma. “Nokia is out of This has already caused headaches for the that market. Nokia is no longer building A strong patent portfolio protects a company in other parts of the world. In cell phones,” Awasthi of LexInnova said. company in two ways. In the event it’s sued India, Xiaomi saw its sales briefly disrupted “Nokia would be more than happy to by a competitor, it can produce a patent to when it was hit with a lawsuit by offload their patents to Xiaomi.” show there’s more than one way to build a Telefonaktiebolaget LM Ericsson. certain product or function. It can also wield Another interesting option would tie back to patents as a deterrent by threatening If Xiaomi were to launch in the U.S. before Xiaomi’s more extensive Chinese portfolio. retaliatory action against any rival that hauls significantly bolstering its intellectual As China gets more serious about patent it into court. property, it would be a surprise if the law, foreign companies have been working Chinese startup weren’t hit with numerous to expand their portfolios there. Xiaomi Behind The IP Curve lawsuits. Since the smartphone market could grant one of these players license to Beijing-based Xiaomi has become one of broke out in 2007, Apple, Samsung, its Chinese patents in exchange for the the most hyped tech startups after drawing Microsoft and the rest of the tech industry same with the company’s American a valuation of $45 billion and becoming a have shown they have no qualms about portfolio, Yuri Eliezer, one of the founders of top-five smartphone vendor in 2014, due to using the American court system as a way SmartUp, said. its passionate fan base and low-cost to stifle competition. Apple and Samsung, devices. But what it has in buzz it lacks in for example, have been locked in patent “China is becoming a country in which patents. Lenovo, Huawei and ZTE -- three infringement litigation since 2012 while intellectual property gets taken more and other Chinese phone makers who already Taiwanese HTC was forced to sign more seriously every year,” Eliezer said. If sell devices in the U.S. -- each have more licensing agreements with both Apple and Xiaomi “has established a good portfolio in than 900 patents in their U.S. portfolios, Nokia after being sued by both companies China, they could leverage that to bargain according to SmartUp. for patent infringement. for licenses in the U.S.”

To be clear, intellectual property (IP) is not “In the U.S., if you prevail in a patent case Whatever Xiaomi decides to do, increasing the only reason for Xiaomi’s slow move to against a competitor, typically the patent its patent portfolio is crucial if it ever wants the U.S. Both the company and several holder will seek an injunction to block the to make a splash in the U.S. experts point out that it has to build its brand entry of those phones from coming in at the –(79)– Story By: Salvador Rodriguez FeaturedBy Karen A. (Report): Frenkel IoT Report JanuaryPosted 04-01-2015 4, 2015

Patent Filings Reveal a Growing Interest in IoT

A new study on intellectual property related to the Internet of things (IoT) nds that a majority of patenting activity occurred in areas related to resource management in a wireless network. But patent distribution in this domain is very fragmented, according to the study, with the top patent ler, LG, holding just 5% of total patents. Qualcomm is the leader in high patent portfolio quality and good patent ling activity, according to the report.

Interdigital and ETRI hold substantial patents in their portfolios, as well. “With a very fragmented patent holding pattern and a high patent ling activity, we expect to see signi cant patent licensing activity in this technology domain,” particularly in the wireless communication protocol and device control systems segments, the report states. The IoT is expected to be an “all-pervasive technology” in the next 10 years.

The United States has the most patent lings, followed closely by Japan, Korea and China, the report states. The study was conducted by patent litigation consulting and e-discovery rm LexInnova, which has a proprietary patents analytic tool called LexScore. Story By: Karen A. Frenkel –(80)– LexInnova

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