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Model 6 ยท 5 min read

The Patent Gravity Well

Some patents do not create value. They bend everything around them.

The Patent Gravity Well cover

Some patents do not create value. They bend everything around them. Let me show you one.

Late 1990s. JEDEC, the group that sets memory chip standards, is building the spec for DRAM. Every major manufacturer is in the room. Samsung. Micron. Hynix. Toshiba. Siemens. Rambus participated in JEDEC while maintaining and prosecuting patent applications that later became central to the DRAM standards debate.

The standard gets locked in. The whole industry builds around it. Billions of dollars in fabs, designs and supply chains, all anchored to one spec. Then Rambus starts asking for royalties.

The FTC later ruled Rambus's silence at JEDEC was anticompetitive. Federal courts reversed it. Years of litigation followed. But strip away the legal drama for a second. One patent portfolio did not need to be "valuable" in the traditional sense. It needed to sit quietly inside a standard everyone else was forced to adopt.

That is the gravity well. The patent didn't move. Everything else did. Competitor R&D bent around it. Litigation timing bent around it. Standard-setting behaviour across the entire industry changed after this.

Traditional patent valuation asks: what can this patent earn if we license or litigate it. Gravity well thinking asks something scarier: what is this patent already forcing other companies to do, right now, without a single lawsuit filed.

Value is easy to fake. Distortion isn't. You can't manufacture the fact that three competitors quietly restructured their roadmap because of what you hold.

Before asking what a portfolio is worth, ask what it is bending.

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