%0 Journal Article %J Technology Innovation Management Review %D 2015 %T Disrupting the Disrupter: Strategic Countermeasures to Attack the Business Model of a Coercive Patent-Holding Firm %A Derek Smith %K business model %K business model framework %K coercive patent holder %K countermeasures %K intellectual property %K non-practicing entity %K NPE %K patent %K patent arsenal %K patent office policy %K patent shark %K patent troll %X A coercive patent-holding firm operates a business model that strategically targets firms to force unforeseen patent licensing rents. Coercive patent holders use aggressive litigation tactics to instantaneously create a complicated asymmetrical expensive problem with significant business risk. The strategy creates a dominant position by leveraging legal and business pressure to force the targeted firm into an involuntarily engagement with a coercive patent-holding firm. Such engagements can be quite profitable for the patent holders – and quite devastating for targeted firms. Thus, this article attempts to synthesize a business model framework that reveals insights concerning the profit formula, key resources, and key processes that support the dominant position of coercive patent-holding firms. Based on this framework, we further synthesize countermeasures to disrupt these business model elements and diminish the dominant position. The insights and countermeasures reveal strategic options and tactics that can be leveraged against the business model of a coercive patent-holding firm to alter the dominant position and improve the business situation of the targeted firm. %B Technology Innovation Management Review %I Talent First Network %C Ottawa %V 5 %P 5-16 %8 05/2015 %G eng %U http://timreview.ca/article/894 %N 5 %1 Geotab Inc. Derek Smith is the founder and principal of Magneto Innovention Management, an intellectual property consulting firm that assists entrepreneurs and small businesses with difficult intellectual property issues. He is also the Vice President of Intellectual Property for Geotab Inc. and a registered patent agent in both Canada and the United States. He has over 25 years of experience working as an intellectual property management consultant and patent agent for IBM Canada, Bell Canada, and Husky Injection Molding Systems, where he was Director of Global Intellectual Property. Prior to entering the field of intellectual property, he was an advisory engineer at IBM Canada, where he was involved in a variety of leading-edge software development projects. Derek holds an MASc degree in Technology Innovation Management from Carleton University in Ottawa, Canada, for which he was awarded a Senate Medal for Outstanding Academic Achievement. Derek also holds a BEng degree in Systems and Computer Engineering, also from Carleton University. %R http://doi.org/10.22215/timreview/894 %0 Journal Article %J Technology Innovation Management Review %D 2014 %T A Citation-Based Patent Evaluation Framework to Reveal Hidden Value and Enable Strategic Business Decisions %A Derek Smith %K citation-based patent evaluation %K intellectual property %K literature review %K patent %K patent citations %K patent evaluation %K patent value %K prior art citation %X Patent evaluation methodologies enable firms to make informed strategic business decisions by associating and revealing hidden information surrounding a patent. However, the value of a patent depends on a firm's capabilities and strategic direction; therefore, a patent evaluation requires the information to be properly related and aligned with a particular business consideration. This article reviews the literature on citation-based patent evaluation methodologies and develops a framework to help managers and entrepreneurs identify strategic groups of business considerations. The framework shows how categories of information can be interrelated to different strategic groups of business considerations, thereby providing a competitive advantage to the evaluating firm. The article includes recommendations for managers and entrepreneurs to help them make citation-based patent evaluation an ongoing business practice to enable strategic decision making. %B Technology Innovation Management Review %I Talent First Network %C Ottawa %V 4 %P 4-13 %8 06/2014 %G eng %U http://timreview.ca/article/799 %N 6 %1 Carleton University Derek Smith is the founder and principal of Magneto Innovention Management, an intellectual property consulting firm that assists entrepreneurs and small businesses with difficult intellectual property issues. He is a registered patent agent in both Canada and the United States, and he has over 20 years of experience working as an intellectual property management consultant and patent agent for IBM Canada, Bell Canada, and Husky Injection Molding Systems where he was Director of Global Intellectual Property. Prior to entering the field of intellectual property, he was an advisory engineer at IBM Canada where he was involved in a variety of leading-edge software development projects. Derek holds an MASc degree in Technology Innovation Management from Carleton University in Ottawa, Canada , for which he was awarded a Senate Medal for Outstanding Academic Achievement. Derek also holds a BEng degree in Systems and Computer Engineering, also from Carleton University. %R http://doi.org/10.22215/timreview/799 %0 Journal Article %J Technology Innovation Management Review %D 2012 %T Open Invention Network: A Defensive Patent Pool for Open Source Projects and Businesses %A Deborah Nicholson %K innovation %K linux %K patent %X This article explores how patents impact innovation within free/libre open source software (F/LOSS) businesses and projects. The number of software patent suits brought each year is increasing and is diverting millions of dollars in funds from developers to lawyers. With patent suits on the rise, the US Supreme Court has left the F/LOSS community in a position where it must either wait years for legislation or address the issue of patent suits itself. However, defending the Linux kernel and related technologies is a different challenge than the one that faces proprietary software businesses. This article describes Open Invention Network, an initiative that is designed to meet the particular challenges facing the F/LOSS community and businesses by providing a defensive patent pool. %B Technology Innovation Management Review %I Talent First Network %C Ottawa %V 2 %P 12-17 %8 01/2012 %U http://timreview.ca/article/511 %N 1 %1 Open Invention Network Deborah Nicholson works at the intersection of technology and social justice. She has been a free speech advocate, economic justice organizer, and civil liberties defender. After working in Massachusetts politics for fifteen years, she became involved in the free software movement. She is the Community Outreach Director at Open Invention Network and the Community Manager at Media Goblin. She also serves on the board at Open Hatch, a non-profit dedicated to providing tools and education for potential new free software contributors. She lives in Cambridge, Massachusetts where she is slowly pursuing a graduate degree in Information Technology. %R http://doi.org/10.22215/timreview/511