Rapid Patent Landscape Analysis Using Vantage Point & Excel. Presented by Barry Brager PIUG Annual Meeting 2007

Transcription

1 Rapid Patent Landscape Analysis Using Vantage Point & Excel Presented by Barry Brager PIUG Annual Meeting 2007

2 Story Kinetic Concepts (KCI) makes a vacuum-assisted wound care device with about $1 billion in sales. In August 2006, KCI lost a patent infringement lawsuit against competitor BLUESKY Medical, leading to a single-day stock decline of 40%. The good news is that KCI s patents were found valid. However, this silver lining has not convinced shareholders that the future is golden. KCI needs to restore the perception of value and can do so by innovating around the features and benefits protected by their patents. We will show how patent mining and a marketer s eye could have helped the company recognize challenges earlier and how it could identify innovations in a crowded landscape.

3 Motivation This company has lost ground

4 Objectives Improve KCI s market-leading product and restore shareholder confidence by seeking near-term innovations around a key component that remains protected by their patents 1. An apparatus for facilitating the healing of wounds, comprising: a) vacuum means for creating a negative pressure between about 0.1 and 0.99 atmospheres on the area of skin including and surrounding the wound; b) sealing means operatively associated with said vacuum means for maintaining said negative pressure on said wound by contacting the skin surrounding said wound; and c) screen means for positioning at the wound within the sealing means for preventing the overgrowth of tissue in the wound. Rapidly identify these innovations in a crowded landscape Determine best opportunities based on product benefits and advantages, not just technical approach

5 Iterative Approach Benefits Advantages Comfort Find Refine Align Understand relationship of key patents to landscape Identify classes of forward citing patents related to KCI s Examine patents in classes equivalent to screen/foam dressings Identify patents, players most relevant to the screen means Cluster most relevant patents according to benefit Target patents addressing properties in multiple clusters (broader) Document players owning patents best for KCI Examine innovation strategies of key players to determine best partners and approaches Patents/Players

6 Examine Patents in Key Classes Find Forward cites are relationships deserving exploration Many forward cites represent new growth areas To focus on partnering, we eliminate selfcitations to examine only patents of others Yields a new set of 37 citing patents Now examine Derwent Manual Codes of citing patents Broad categories needing further refinement

7 Understand Related IP & Classes Find Search within Manual Codes of citing patents for other patents that also address foam or equivalent in the claims in recent years (((A12-V03A or B11-C04 or B14-N17B or S05-A05) <in> Manualcodes ) AND (((((foam or screen or porous)) <in> ABSTRACT)) AND (AD > 1999) Creates new set of patents potentially covering improvements to the dressings We find relevant art and terms, but which are best? Co-occurring manual codes indicate that chemical/pharmaceutical treatment of the dressing is an improvement area how to find others?

8 Examine Company Focus Refine Comparison of top 5 portfolio owners from relevant patents includes KCI Kimberly-Clark Worldwide, Inc. JOHNSON & JOHNSON ETHICON, INC. therapeutic agent [1] polymeric matrix [3] polymer solution [1] absorbent articles [1] tissue growth [1] biocompatible composites [1] absorbent material [1] water-swellable polymer [2] biocompatible polymers [2] oil phase [1] hydrophobic polyurethane foam backings [1] tissue repair [2] absorbent core [1] hydrophobic polyurethane foam [1] biocompatible tissue repair stimulating implant [2] superabsorbent material [1] biocompatible tissue implant [1] tissue transition [2] stabilized structure [1] biocompatible polymeric fibers [1] pharmaceutically active substances [1] proteinaceous fluid [1] biocompatible reinforcement member [1] improved lyophilization process [1] poly(ethylene oxide) [1] bioabsorbable [1] three-dimensional interconnected open cell [1] organic monomers [1] biocompatible polymeric foam [1] three-dimensional negative configuration [1] methacryloxypropyl trimethoxy silane [1] water-swellable cellulose polymer [1] three-dimensional inter-connected open cell [1] hydrophobic foam dampness-inhibiting [1] water-soluble oligosaccharides [1] flowable superabsorbent precursor [1] water-swellable polysaccharide porous binder component [1] coextruded foam layer [1] absorbent Absorbency composite [1] absorbent personal care device [1] absorbent garment [1] Foam/matrix structure Chemical tissue repair KCI LICENSING, INC. ADVANCED CARDIOVASCULAR SYSTEMS, INC. fluid communication [1] delivery [1] second hydrophobic filters [1] polymeric material [1] second hydrophobic filter [1] therapeutic drugs [1] battery life [1] localized drug therapy [1] electric pump [1] releasing therapeutic drugs [1] elastomeric material [1] second solvent [1] organic alcohols [1] composite metal [1] microcellular foam [1] Electrically aided filtration Drug Delivery hydrophobic polymer [1] hydrophobic counter ion [1] typical second solvents [1] elastic membrane material [1] coating heparin complex [1] typical first solvents wetting hydrophobic polymers [1] therapeutic drug [1] Many unique focus areas across players could a KCI partnership place one of these technologies ahead?

9 Identify IP Most Relevant to Dressing Refine Find patents containing key claim phrases related to screen/ foam/ porous matrices (193). What can this set tell us? Note major healthcare companies big portfolios, but is their presence in wound care as big as KCI? Partnering opps could be good Note disparity between filing volume per year in application and priority dates continuations abound Most innovations originate in U.S.

10 Examine Benefits in Dressing IP Refine Benefits Identified from Abstract Phrases in 193 Most Relevant Foam-Centric Patents Cost to Launch Nearer-term opportunities Improved Experience Cooling Breathability Absorption Adhesion Improved Device Qualities Portability Disposability Electrical Functions Mechanical Strength Better Foam Chemical Composition Layers Barriers Cell Structure Additional Benefits Antibacterial Odor Control Drug Delivery Bleeding Control New Applications Bone tissue Tissue Repair Scar/Tissue Formation = Innovation cluster focus Time to Market

11 Segment by Cluster Refine Review abstracts for key phrases related to approaches and benefits Since set already narrowed by claim terms, abstracts are used to assess approaches and benefits These clusters are created manually, by reviewing claim phrases. While tedious, it is the most effective way to sort through relevant approaches and benefits Some phrases ignored

12 Analyze by Cluster Refine Clusters mapped by similarity of independent claim phrases Cluster sizes, assignees tell us about focus, opportunity Little to no leadership in electrical too early or rollup opportunity? Expected leaders in absorbency can their capabilities transfer to cell structure of foam? Mix of large and small players in the largest cluster diversity could lower pricing of any deal in area Note number of basic research institutions longer term scenario or foundational IP up for grabs? KCI is already active here could other chemically treated foam extend their product lines?

13 Find Broadest Patents in Segment Refine Using IPC, another class system, we look for single classes crossing 4+ of the 5 segments This is an indication of breadth in the class and potentially in the patents The total of all numbers in a column does not necessarily equal the number of actual patents, since patents may fall in more than one cluster

14 Recommended Sourcing Set Align Primarily chemically treated foam structures 33 records in final set Note top assignee/partner is now 3M

15 Top 10 Sources Comparison Align Top 10 Recommended Assignees by Cluster Type 2 In just a short time, we have: Widened and narrowed the landscape around our IP Number of Patents per Category Mapped 1 patented innovation to our products Identified potential improvements Built a story with which to possibly approach licensing partners 0 Structure Chemical Treating Absorption Cluster Drug Delivery Electrical Component JOHNSON & JOHNSON NeoGen Technologies SCHERR GEORGE H. 3M INNOVATIVE PROPERTIES COMPANY SYNTACOLL AG Kensey Nash Corporation SHEK PANG N. & MARTINEAU LUCIE MEHRL ROBERT & RUSZCZAK ZBIGNIEW & JECKLE JOHANN Industrial Technology Research Institute HEATON KEITH & JOHNSON ROYCE & LINA CESAR Z. Assignee

16 Innovation Partner #1 3M Align 3M simplifies and improves skin health and the treatment of wounds, both acute and chronic. Company provides a wide range of dressings for chronic wound care but does not provide devices. US A1 Absorbent polymer compositions, medical articles, and methods WO A1 Polymer compositions with bioactive agent, medical articles, and methods Benefits Absorbent polymer foam compositions Can be treated with bioactive agents Approach Combining a polymeric material, absorbent particles, and thermally expandable microspheres Strengths Bioactive agents combined w/microparticles - antimicrobial Broad claim on any composition comprising: a polymeric material; absorbent particles; and thermally expandable microspheres Weaknesses May not offer substantial improvement

17 Innovation Partner #2 Johnson & Johnson Align Company has 100+ years in wound care & management; owns Ethicon subsidiary; products in advanced, chronic, surgical and consumer wound care. US A1 Hemostatic wound dressing and fabric and methods of making and using same Benefits Minimizes, stops bleeding Approach Fibers formed of biocompatible, aldehyde-modified polysaccharides Strengths Hemostatic (not in KCI portfolio now) Water-swellable US A1 Hydrophobic polyurethane foam as backing material for bandages Weaknesses No known compatibility under negative pressure Not foam-based (but porous) J&J might wish to directly compete

18 Innovation Partner #3 NeoGen Technologies Align Neogen Corporation (NEOG), together with subsidiaries, engages in the development, manufacture, and sale of various products for food safety testing and animal health applications. It operates in two segments, Food Safety and Animal Safety. US A1 Closed wound drainage system Benefits Disposable Portable Approach Pouch with microbeads Battery-operated pump US A1 Closed wound drainage system Strengths Can add multiple items to pouch easily Designed for negative pressure Weaknesses Portability not likely to be a highdemand benefit in near term

19 Improving Your IP Advantage Contact: Barry Brager