HP's double-edged IP sword

Daily Newsletters

Sign up to ZDNet UK's daily newsletter.

ANALYSIS

HP, in some ways, illustrates both sides of the debate over intellectual property.

The company has increasingly been forced to deflect claims from companies and individuals who assert that HP owes them royalties. Some of the claims come from 'patent trolls' who buy patents on the open market and then use them to extract payments, Joe Beyers, vice-president of intellectual property licensing at HP, said in a recent interview.

Patent claim activity "has really heated up", he said. "It has tripled in the last three to four years."

But HP, like Microsoft and IBM, is also extracting more from its own patents and intellectual property. The company created a group in January 2003 to better market and defend its intellectual property.

At that time, HP garnered around $50m (£29m) worth of value a year from its intellectual property. "Value" includes royalty payments to the company and discounts on royalties that it otherwise might pay.

Now, the group sports an annual run rate of around $200m, or four times what it used to get. Notable deals including licensing its LightScribe technology, which lets a CD or DVD recorder burn a label onto a recordable disc, to several Asian manufacturers. It has also waged a lawsuit against Gateway.

"We've done 2,500 transactions in the last two and a half years," Beyers said.

Intellectual property has emerged as one of the major flashpoints in the technology world. In the past several years, a few small companies have managed to land multimillion-dollar patent verdicts and settlements against large companies such as Microsoft and Intel.

Meanwhile, entrepreneurs such as Ross Perot and ex-Microsoft CTO Nathan Myhrvold have formed companies that are buying up thousands of patents that some believe could prompt a rash of lawsuits. Like others in Silicon Valley, Beyers said he is "quite concerned" about the rise of this type of company.

Washington politicians such as Rep. Lamar Smith, R-Texas, have written legislation to try to reform the patent system.

However, reforming the system is proving difficult. Tech companies have pushed for a law that would make it more difficult for plaintiffs to get an injunction against defendants in patent suits. The threat of an injunction, which can force a defendant to remove a product from the market, has forced many to settle suits.

Critics of the idea, including both small companies and large pharmaceutical manufacturers, contend that lifting the injunction threat will prompt defendants to let suits drag on.

Several sources say that Smith will drop the proposal to make injunctions more difficult in the final version of the bill.

Although questionable patents have been a problem since the US Patent and Trademark Office was formed two centuries ago, intellectual property started to become a larger problem for the tech industry over the last decade. Flailing companies have increasingly turned to patent lawsuits to boost their bottom line.

The IP business model also began to emerge in the chip industry. In this model, small companies invent something and then licence it to larger ones. Invariably, licensing discussions that start out amicably end up in lawsuits.

Partly out of fears about lawsuits, and partly out of a desire to help defray the burden of R&D budgets, large companies have also begun to shore up their own licensing practices.

This was the case at HP. Before the IP group was formed, the company's various product divisions controlled their own intellectual property. A group that tried to extract royalties from a third party would sometimes find out that a different group at HP had already given the third party a licence in a separate transaction.

To help bring order to the process, the IP group runs under somewhat rigid rules. All licensing deals need to be personally approved by Beyers.

Obtaining royalties for at least some of its patents helps. "We spend over $3.7bn a year in R&D," Beyers said.

Post your comment

In order to post a comment you need to be registered and logged in.

You can also log in with Facebook. Log in or create your ZDNet UK account below

  • Login

Will not be displayed with your comment

By signing up for this service, you indicate that you agree to our Terms and Conditions and have read and understood our Privacy Policy. Questions about membership? Find the answers in the Community FAQ

Get ZDNet UK's daily newsletter

Enter your email address to sign up

ZDNet UK Live

BrownieBoy

@Jack, > Works really well for thieves.... Nice attempt to deflect the argument by tossing in a point that's totally irrelevant, even it were...

2 hours ago by BrownieBoy on AMD Ultrathins to challenge Intel Ultrabooks
bootlegger

Make that 13 people now - I got refused today at Manchester airport. I thought I was up to date on this legislation - I knew of the EU ruling from...

5 hours ago by bootlegger on UK airport body scans will not be opt out
tinycg

Don't forget to check out apps like GoodReader or SlideShark either, they're indispensible for people on the go in presentation situations. Best...

8 hours ago by tinycg on Four top iPad apps for people on the move
TerryRK

Well it seems there is something a number of us agree on. Why is the Ubuntu Unity launcher so ugly? I thought perhaps it was something to do with...

12 hours ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Freebies202

Duplicate comments are not made intentionally. Its very good to know that now you are keeping check on this problem because sometimes a commenter...

22 hours ago by Freebies202 on Microsoft fixes blog comments, speeds up blogs with open source
kevinmchapman

"the very significant number of users" and "many (most) of us" - you have no evidence for these statements. It is a fact that most users are saying...

1 day ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
Marg Menzies Harrison

Another grammar faux pas is the improper use of "you". When sitting down down in a restaurant, for example, I get cringe when the waitress...

1 day ago by Marg Menzies Harrison via Facebook on 10 flagrant grammar mistakes that make you look stupid
zdnetukuser

And NOW, folks, for Canonical's next trick... Kubuntu is late. Here's a pencil. Draw your own conclusions. cf.:...

1 day ago by zdnetukuser on Linux Minterface
Moley

@kevinmchapman. The discussion here reflects the very significant number of users who really do like the traditional menu system and who wish to...

1 day ago by Moley on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

Er, no... It is an efficient means of finding the application/file/setting you need in one place. The icons are a simply a fallback for when you...

1 day ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

Isn't the provision of a text based search an admission by the developers that the mass of icons approach does not work? I don't need to use a...

2 days ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
kevinmchapman

"Unity and GNOME 3 both abandon the old text-based cascading menus in favour of a graphical icon-driven system." Point truly missed. Both use a...

2 days ago by kevinmchapman on A tale of two distros: Ubuntu and Linux Mint
TerryRK

whs001 - Thank you, I'm glad you liked the article. I absolutely agree with you on your first point. I should perhaps have made it clearer that...

2 days ago by TerryRK on A tale of two distros: Ubuntu and Linux Mint
Dennis Nilsson

If we allow corporate interest to dictate the way our government circumvents due process against foreign entities then we should accept the same...

2 days ago by Dennis Nilsson via Facebook on ACTA stumbles in Germany
GHar123

I totally dislike pirating of works, I fear that artists will be deterred from creating works if they think that they are going to get ripped off....

2 days ago by GHar123 on ACTA stumbles in Germany
JCB33

How dare film makers, artists or anybody that invests in creativity stop us pirating their works for free. I want to be able to walk into my local...

2 days ago by JCB33 on ACTA stumbles in Germany
Moley

@GrueMaster. I prefer horses for courses rather than one size fits all. I, and I suspect most other computer users, do not really wish to have...

2 days ago by Moley on A tale of two distros: Ubuntu and Linux Mint
greycynic

The product that scares me every time I have to use it is the Office 2007 version of Excel. The first bug that I found was applying the median...

2 days ago by greycynic on Ten flawed products that derail productivity
GrueMaster

Nice review and very informative. One thing I'd like to add (in reply to whs001's 1st question), the main reason to have the same interface from...

2 days ago by GrueMaster on A tale of two distros: Ubuntu and Linux Mint
Frederick Wrigley

I'be been using Mint 12 since the RC came out, and I am far more happy with the Cinnamon, the Mate, and, yes (with extensions), theGnome 3...

2 days ago by Frederick Wrigley via Facebook on A tale of two distros: Ubuntu and Linux Mint