Ocean Tomo CEO Jim Malackowski appeared this afternoon on CNBC Street Signs with Brian Sullivan and Mandy Drury to comment on the Obama Administration veto of a proposed ban on the import of patented smart phones. Commenting on the first veto of an International Trade Commission (ITC) ruling in more than 25 years, Jim explored the impact of the Administration’s ruling on patent value. You can see the interview here.
Jim sees the action by the Obama Administration as one in a series of policy decisions reflective of the economic value that patents drive today. And at the end of the day, this and anticipated future actions related to the ongoing patent infringement litigation will serve to enhance the focus on and value of quality patents. According to Jim, “the market has been looking for guidance – insight brings certainty and certainty enhances value”. U.S. Trade Representative Michael Froman’s letter provides continuation of that guidance. Predictive tea leaves on this topic can be found by reading International Trade Commissioner Dean Pinkert’s dissenting opinion. We can expect further guidance, perhaps as early as Friday when a decision in the ITC matter involving the potential banning of several mobile devices is expected.
The outcome? Companies will likely focus on those patents they believe are not only essential patents relative to standards, but the highest quality of those standard essential patents.