-- BUSINESS POWER -- Corporate IP Performance Capabilities Assessment - Assertion By The Taskforce is a 501(c)6 Non-Profit Corporation – est All Rights Reserved --- Taskforce SME Development Team --- Karl Fink Bob ShearerRory Radding Alex ButlerCarol BeckhamJohn Cogliandro Chris LeisnerBob LandisDarrel Sandall Dr. Jan Jaferian – principal architect

Corporate Capabilities System 1. The Taskforce benchmarks contemporary practices… 1.1 Defines them as task level proficiencies 1.2 Illustrates the multi – task management process 1.3 Creates a flow diagram to guide the IP business leader 2. Then, the Taskforce SMEs focus on: 2.1 Defining the next generation of “better” practices 2.2 Keeping the member at a competitive advantage 3. The assertion management graphic appears - next

NO YES Archive Document s 1.2 Identify Targets 1.3 Conduct Technical Review Beware Detrimental Reliance 1.10 Refine Business Case 2. Go/No Go Formal Case 3. Engage 3 rd Party 3.1. Issue Patent Notification to 3rd Party 3.2. Conduct Patent Discussions 3.3 Conduct Settlement Negotiations (See task list for detail) 1.4 Conduct Legal Review Counter - Assertion from 3 rd Party Conduct Prior Art & Other Defense Investigations Settle 4.1 Enter Agreement Into Contract Database and Monitor Compliance 4.2 Begin Mediation, Arbitration or Litigation Proceedings Determine alternative settlement terms & ranges 1.1 Identify Assertable Patents 1.5 Assess Asserter Quant Factors 1.6 Assess Target Quantitative Factors 1.7 Assess Asserter Qual Factors 1.8 Assess Target Qual Factors Examine Product Reverse Engineer Products Evidentiary strength of claims Review File History Prepare Claim Charts Determine Evidence Requirements Compile Evidence Others – see task list Organize patents ID patents infringed Evaluate claim clarity Determine methodology Present to Sr. Mgt Identity Infringers Examine Products ID infringing claims Evaluate counter claim threat Estimate Assertion Costs Define risk Weigh risk v. Reward Others – see task list Assess reputation Willingness to fight Counsel History Reputational Impact Corporate Alignment Counsel Record Define Financial strength Evaluate Tech & Mkt Infringement History Others – see task list 1.9 Conduct Mock Assertion 4. Settle or Not WAIT Prepare Detailed Defense Claim Charts & Evidence ASSERTION PROCESS Rev

IP Performance Definition Assertion Example 1. Please note the blue boxes in the preceding flow diagram define the tasks required to perform the IP function. 2. Task 1.6 (blue box is further defined into more observable sub tasks as illustrated in yellow on the following page. 3. These sub tasks are further analyzed as state of the art 4. Then the current state of the art is reviewed by the Taskforce SMEs to develop innovative practices and written as performance proficiency statements. 5. The performance proficiency levels are used as an assessment tool for the IP Business Leader, but are not displayed on line.

Define Financial strength Evaluate Target’s Technology & Market Infringement History Others – see task list 1.6 Assess Target Quantitative Factors

Application of the Capabilities Assessment System Development Team’s Guidance: 1. These assessment criteria (the functions, tasks and sub tasks) are written in observable, behavioral terms to enable you to fully control the measures of IP effectiveness – as you define it through your own assessment process. 2. Please see the accompanying document on Capabilities Performance Assessment Process and call Bob Shearer or anyone of the Team Members if you have questions.

National IP Taskforce March '137 Information & Contact Taskforce Call Line 972/ Taskforce Capabilities Team -- Carol Beckham404/ Alex Butler571/ John Cogliandro781/ Karl Fink312/ Dr. Steve Henning 212/ Dr. Jan Jaferian585/ Bob Landis972/ Chris Leisner312/ Rory Radding212/ Dr. Darrel Sandall (Project Lead) 765/ Bob Shearer (Developmental Lead) 972/