Acacia Makes Its Case

Acacia’s New Year’s Resolution
For 2005, Acacia has a robust set of goals that it will actively pursue. In the last week of September 2004, Acacia began a licensing campaign for its HotSpot patents, a campaign that the company will continue in the new year. Acacia will also develop campaigns for the 27 patents that it acquired from TechSearch, some of which Berman suggests may have Internet applications. "Our hope is, as we move forward, that Acacia is not known as the DMT company," says Berman. "but rather the premier patent licensing firm with many technologies. Our recently announced acquisition plans are a major step in that direction."

As such, does Acacia’s strategy benefit anyone besides Acacia itself? Opinions vary. "These technology licensing firms provide a mechanism by which owners of patents that never would have been able enforce their property right can now enforce it," says patent attorney Kaufman. But this benefit doesn’t come without a cost. "This is like personal injury coming to patents," says Singer. "One way or the other we all end up paying for it."

Regardless, patent licensing companies are nothing new, and the system has not been altered dramatically in recent years to make it more receptive to their insurgence. "I think that many people have trouble viewing patents as property as they’re an intangible asset," says Kaufman. And included in the rights granted to property owners is the right to exclude others from duplicating the invention. "Nothing’s changed except that the public has come to realize how powerful patents can be."

That increased awareness is a good thing, because Acacia has no plans to change the way that it does business. "We will not allow companies to continue to use our technology without a license," says Berman. "You can certainly expect additional litigation in 2005."