Defensive Patent Acquisitions
RPX's Defensive Patent Acquisition service is designed to reduce patent risk for our clients by removing the threat posed by dangerous patents. We do this in two primary ways: by purchasing patents and patent rights preemptively in the open market and by acquiring assets as early as possible out of active litigations (we also organize complex and large-scale syndications on behalf of our network; for more information on these structured acquisitions, click here).
Open Market Acquisitions
RPX is a major participant in the patent market. We currently see more than 80 possible acquisitions each per month, and our teams analyze each portfolio for claim quality, technical value, seller reputation and – especially – likelihood of being litigated against any or all RPX members. The breadth of our deal flow and depth of our analysis enable us to act quickly and efficiently to acquire high-threat patents.
The open market is the most effective form of risk management, preventing litigations from ever starting, and our efforts here have removed many assets of high relevance and risk for our members.
As of December 31, 2012, RPX had acquired more than 1,800 patent assets in the open market, representing more than 1,000 avoided litigations for our clients.
Not all high-threat assets are available or can be acquired on the open market, but even when a patent is in litigation, RPX can have a positive impact. Our trusted role in the market allows us to negotiate with NPEs on behalf of our clients (individual defendants can rarely negotiate favorable terms unilaterally), acquire rights to the litigated patent, and achieve an early and cost-effective dismissal for RPX members in the lawsuit.
As of December 31, 2012, RPX had successfully negotiated more than 300 releases and dismissals from 40 litigations.