Soryn IP Group Managing Principal Authors Article In Les Nouvelles, the Publication of the Prestigious International Licensing Executives Society

FOR RELEASE – January 1, 2014

Soryn IP Group Managing Principal Authors Article In Les Nouvelles, the Publication of the Prestigious International Licensing Executives Society 

Article explores the future of software patent monetization and finds that current patent reforms will have several unintended consequences

Jersey City, New Jersey (January 1, 2014) — The Soryn IP Group, LLC (“Soryn IP Group”) announced today that its founder and managing principal, Michael Gulliford, was chosen to author an article in the December 2013 issue of Les Nouvelles, the publication of the prestigious International Licensing Executive Society.  The article, part of a larger work entitled “Trends and Observations in Software,” explores why software patents have become a popular monetization tool, and offers several predictions regarding the future of software patent monetization.

“Congress has passed a host of legislation with the obvious goal of making it more difficult to monetize patents, particularly software patents,” notes Gulliford.  “The general uncertainty regarding the patentability of software in the United States, coupled with the introduction of several new “post-grant” proceedings in the America Invents Act, will likely have two immediate effects.  First, monetizing software patents will become significantly more difficult in that post-grant proceedings such as Inter Partes Review and Covered Business Method Review will make it easier for defendants to invalidate patents in the U.S.P.T.O..  Second, monetizing software patents will become significantly more expensive for the patent holder, as contingency law firms stop taking cases, back away from covering the costs of post-grant proceedings or demand higher contingencies to counter the uncertainty that these post-grant proceedings create.”

Gulliford believes that the increased expense and uncertainty that the recent patent reforms introduce for the patent holder will have several unintended consequences. “The writing is really on the wall for two types of non-practicing entities to emerge in the near future.  The “super monetizers,” — i.e. patent licensing entities with significant capitalization — are more likely to thrive in that they will see reduced competition and possess the resources to fund numerous litigations and defend post-grant challenges from defendants.  “I think we are also going to see an uptick in out-of-court nuisance suits from non-practicing entities without significant capitalization,” says Gulliford.  “As law firms are going to be less inclined to accept cases on full contingency in light of the America Invents Act, these entities are going to look to cut out the lawyers entirety, and seek significantly smaller out-of-court settlements.”  However you look at it, explains Gulliford, “these results — an environment for large NPEs to succeed and an increase in nuisance tactics — are probably not what Congress had in mind when it passed the America Invents Act.”

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Founded by a former partner at one of the country’s most prestigious patent litigation groups, the Soryn IP Group is a patent asset management and advisory company.   The Soryn IP Group provides a host of services to innovators from every technology sector, including patent advisory and brokerage services, litigation funding support, IP/monetization consulting and strategic prosecution oversight.  The company’s headquarters are located in Jersey City, New Jersey.


Michael Gulliford
Founder & Managing Principal:  Soryn IP Group, LLC.