Supreme Court Rules Favorably On OEMs “Tying”
Non-Patented Consumables With The Sale Of A Product; This Will Enable A
Material Expansion Of Product-Services Offerings
The Trident unit of Illinois Tool Works Inc., Glenview, Ill., makes a
patented ink-jet printing system and requires customers to buy its ink,
too. After Independent Ink Inc. of Gardena, Calif., developed an ink
that would work in Trident printheads, litigation ensued over the
validity of the patents and whether tying the purchase of the printing
system to that of ink violated the Sherman Antitrust Act of 1890.
The Federal Circuit Court of Appeals in Washington found the tying
arrangement illegal, citing a 1947 Supreme Court precedent that voided
an arrangement where a maker of patented salt-processing machines
required customers that leased its equipment to also use its salt
products. A further federal court ruling regarding “tying” were expanded
in the U.S. Shoe Machinery anti-trust case.
Justice Stevens found that tying requirements no longer can be said to
automatically confer market power on the patent holder. "While some such
arrangements are still unlawful, such as those that are the product of a
true monopoly or a marketwide conspiracy ... that conclusion must be
supported by proof of power in the relevant market rather than a mere
presumption thereof," he wrote.
The Bush administration, along with industries that rely heavily on
their intellectual property, weighed in with Illinois Tool.
Kevin McDonald, an attorney at the law firm Jones Day who filed an
amicus brief in favor of Illinois Tool on behalf of the American Bar
Association, said previous interpretations of patent law and tying have
since been discarded by most economists and the Supreme Court should,
likewise, review its earlier ruling. "There are good business reasons
for some types of tying arrangements, including quality assurance and
convenience," he said. "As long as consumers have some choices in the
printer head market, it's not a monopoly."
But Independent Ink's Brucker is supported by a variety of service
dealer associations, tire manufacturers and large consumer advocacy
organizations. Albert Foer, president of American Antitrust Institute, a
non-profit think-tank that filed an amicus brief in favor of Independent
Ink, said the case essentially would shift the burden of proof in
determining whether a corporation has market power onto smaller players
rather than on the patent holder.
"Shifting the burden could do tremendous damage to what competition is,"
he said. "A lot of manufacturers held their punches because under
traditional law, they knew they'd be facing antitrust issues. But now we
have conservative economists and attorneys who want to strengthen IP law
at the expense of competition. For smaller players, the financial burden
alone of trying to prove market power in court could be devastating. And
if small business were forced to shutter its doors, consumers would be
left with fewer options to choose from which could the pave the way for
higher priced goods,” Foer said.
New OEM Product-Services Offerings
•
Stratasys
Launches Redeye RPM: An Online Service for Rapid Prototype and
Manufactured Parts Made from Production-Grade Plastics.
The ultimate form of Product-Services
where the OEM is 100% accountable for product productivity performance
Stratasys, Inc. (Nasdaq: SSYS), a rapid prototyping OEM, announced the
launch of RedEye RPM™, the world's largest rapid prototype and part
building service. RedEyeRPM.com is an online extension of Stratasys'
existing BuildFDM service, which builds prototypes and parts using the
FDM process for customers in North America. RedEye augments this
existing service by allowing automated, instant quoting and ordering
around the clock, seven days a week.
RedEye employs a proprietary, secure quoting-and-ordering engine. It
preserves user confidentiality by analyzing design-file data without
uploading it. Users are assured that neither the web engine nor RedEye
personnel will view their design file until the quote is accepted or
saved.
Site visitors receive an automated price quote in about 30 seconds. They
need only to log-in, browse to select their file, and choose a build
material. When an order is placed, RedEye provides quick turnaround for
either a single part or high volumes, with most customers receiving
their order in 3 to 5 days.
"Prior to using RedEye, prototypes ordered from other sources had
limitations in strength and flexibility," says beta customer Rick
Gilpatrick, engineering manager, Cleaning Systems, Briggs & Stratton
Power Products. "Now we get durable prototypes made from the same
plastics we use in production."
"Stratasys is offering unparalleled FDM capacity," says industry
consultant Terry Wohlers, president of Wohlers Associates, Incorporated.
"I was impressed that the company had produced 60,000 parts for
customers over the past three years and now has over 60 machines
dedicated to its operation. With this initiative, Stratasys is targeting
a services sector estimated at $213 million."
"We've become an extension of many of our customers' in-house production
capabilities as well as a fulfillment partner for many service bureaus,"
says RedEye director of RPM services Eric Lindberg. "We will be
introducing an offer to partner with existing service bureaus to allow
them to bid on larger FDM jobs than they otherwise could. There is a
growing need for a trusted source that can handle part development and
production needs — no matter the volume, and RedEye has the ability to
deliver."
Stratasys Inc., Minneapolis, manufactures rapid prototyping systems and
3D printers for use by OEMs such as aerospace, automotive, defense,
medical, and consumer product makers. Stratasys patented the rapid
prototyping process known as fused deposition modeling (FDM®). The
process creates functional models directly from any 3D CAD program using
ABS plastic, polycarbonate, PPSF or other materials. The company holds
175 granted or pending prototyping patents. Stratasys systems are also
used for rapid production and rapid tooling. On the Web:
www.Stratasys.com. RedEye is at: www.RedEyeRPM.com
Stratasys experienced a strong 4Q 2005, by sales growing more than 21%
from 2004.
"What I think is most important is that they had a record quarter of
consumables as well as parts-making services," said Brion Tanous, an
analyst with Merriman Curhan Ford & Co. "Those are two high-margin areas
of the business," he said. "They're expected to grow aggressively and I
think we're starting to see that."
• Pratt & Whitney (A Division Of United
Technologies) Will Produce Parts for Rival GE's Jet Engine: UAL Is the
First Customer
The battle moves up a notch for service parts market supremacy. With
product-services offerings, the customer doesn’t care where the parts
come from, as long as the solution’s promised productivity performance
is achieved.
Seeking to grab a piece of rival General Electric Co.'s service-parts
business, United Technologies Corp.'s Pratt & Whitney jet engines
announced that it will become the first engine maker to produce parts
for its competitor's best-selling jet engine.
The initiative, which will be called Global Material Solutions will
supply parts for about 200 UAL CFM56-3 engines. The move by Pratt &
Whitney could intensify competition within the jet-engine manufacturing
business, in which the company has seen its share of the market shrink
in recent years.
Third-party manufacturers have for years made simpler spare parts for
jet engines, which they sell to airlines and maintenance facilities. But
this marks the first time that a major engine company has chosen to make
new, more-integral parts for a competitor's engine. Pratt & Whitney says
it has invested tens of millions of dollars to re-engineer 55
safety-critical parts that until now have been the sole domain of the
OEMs. The first parts are expected to be available in early 2007
The CFM56 engine is built by GE and its French partner, Safran SA's
Snecma Moteurs, through an alliance known as CFM International.
Introduced in the 1980s, more than 15,000 of the engines have been sold,
making it one of the most successful engine models of the jet age.
Although the $500 million in yearly revenue that Pratt & Whitney hopes
to generate from the venture within five years is small in terms of the
overall market, the move will likely spark a response from GE and its
partners, particularly if Pratt is successful at making inroads with
other major airlines. Matthew Bromberg, the Pratt & Whitney vice
president in charge of the new business, said the airline industry has
been making "loud cries" for lower-cost alternatives. A GE spokesman
said company officials are accustomed to third-party suppliers entering
the market and believe that "constantly upgrading the engine" is the
best defense. "The best our competitors can do is replicate for a
cheaper price what exists today," he said.
Pratt declined to offer a competing engine to the CFM56 in the 1980s,
ceding the market for the Boeing 737 entirely to CFM. The blunder
enabled GE to pass Pratt & Whitney as the world's dominant engine maker.
Pratt & Whitney Chief Executive Louis Chênevert, and the CEO-designate
of United Technologies, said the company considers the new business a
"big, bold move" that will signal to airline customers world-wide that
Pratt & Whitney is serious about remaining a competitor. He said selling
spare parts to CFM customers "should help us rebuild relationships that
have softened" over the years.
Note: GE currently overhauls more P&W engines than does P&W.
• Motorola Launches a Suite of Product- Services
Motorola is extending the life of its products through product-services
offerings. This is a new approach for telecommunication OEMs.
Motorola, Inc. (NYSE: MOT), a $36B/year wireless and broadband
communications products company, launched a suite of product-services to
assist telecom OEMs to manage the product lifecycle output stage of the
Motorola communications servers employed in their products. Motorola
provides product-services such as repairs and supply chain services that
afford end-users greater control of the productivity of their assets.
Jorge Magalhaes, Solution Services Director, Embedded Communications
Computing said, “These services can extend a customer’s investment
beyond the traditional five years to provide 10 years or more years of
product life.”
GE, The Leader In Innovative Product-Services,
Is Always Seeking People Of Quality To Manage Aspects Of Its
Product-Services Businesses
Below are a few positions that reflect GE’s approach at Product-Services
Position: Services Sales Leader
Business Unit: GE Industrial, Equipment Services
Location: Chicago, IL
Job #: 484594 Posted: Jan 31, 2006
Responsibilities:
Develop / Launch / Achieve the operating plan for the Services model
(revenue, margin, capture rate / retention, customer satisfaction.) by
developing both regional /local sales strategies for the Services Model
Direct sales responsibility for the Services sales activities and leads
the Services Account Managers to exceed the Operating targets Drives the
business to achieve Revenue, Margin and Customer NPS targets
Effectively leads the Services Account Managers Engages the entire GE
Rail commercial team on Service Sales prospect identification
Effectively communicates the Services Sales strategy across all
Functions to maximize growth potential Coaches and trains the Services
Account Manager on pricing, value proposition and customer satisfaction)
Identify/Establish /Develop strong relationships with customers.
Qualifications:
5-10 years of Sales Management experience
Financial & Business management experience
BS/BA degree
Able to communicate clear vision with specific objectives across
functions
Ability to work and interface with all levels of organization.
Strong analytical and negotiation skills
Desired:
MBA
Supply Chain Services Sales experience
General:
Rail Services is a leading service provider to the global rail industry.
As a member of General Electric Company's (NYSE: GE) GE Equipment
Services, Rail Services leases approximately 180,000 railroad cars and
150,000 inter-modal trailers, containers and chassis to regional and
national rail lines and shippers.
Position: Life Cycle Manager
Business Unit: GE Healthcare
Function: Engineering/ Product Development
Location: Menomonee Falls, WI
Job #: 485780 Posted: Feb 01, 2006
Responsibilities:
Enhance processes to improve service parts management through the
Product life cycle
This will include but is not limited to, developing, evaluating, and
implementing new methods to handle new product introductions (NPI) and
product end-of-life. Additionally manage major product alterations,
manufacturing changes and identify and execute total supply chain
optimization solutions that meet customer CTQs. This must be
accomplished while balancing inventory reduction and cost improvement
goals The position will play a key role in process improvements that are
necessary to the yield continued success of the Global Service Parts and
Operations team
Deliverables:
The primary deliverable is to develop new processes that contribute to
the overall reduction of parts inventory, which will result in
substantial cost savings. In addition, the process enhancements will
improve parts availability that will lead to greater customer
satisfaction. Demonstrated excellence in personal leadership
values and highest integrity w/ ability to energize team to perform at
the highest levels.
Results-driven, with ability to think
strategically and influence decisions with key business leaders
Demonstrated business, analytical, facilitation, communication and
process skills. Black/Greenbelt Certified (GE Employees Only) .
Ability to work cross functionally with many departments and levels in
the organization. Knowledge of supply chain management including
order processing, inventory control, logistics. Candidate must have
aggressive, results-orientated focus on customer satisfaction and
business process improvement
Qualifications:
B.S. Degree in Engineering, Business Administration, or related field or
equivalent experience
5-7 years significant service management experience. Demonstrated
excellence in leading organizational change, using Six Sigma, CAP, LEAN
Desired:
Strong analytical capabilities, problem solving ability, conflict
resolution and communication skills are also necessary. Six Sigma
experience is also a plus.
General:
The primary deliverable is to develop new processes that promote service
experience and business growth. The position will drive overall
reduction of parts inventory, which will in turn result in substantial
cost savings.
Solutions Manager - Freight Telematics
Business Unit: GE Industrial, Equipment Services
Function: Marketing
Location: Barrington, IL
Job #: 500334
Posted: Mar 07, 2006
Responsibilities:
As a member of the GE Asset Intelligence Solutions & Services team,
this individual will: Develop and Implement global transportation Supply
chain solutions and Go-To-Market strategy for Food, Pharmaceutical and
other industries where temperature and load conditions drive the value
chain
Support business customer solutions & services (Value Added Services)
strategy and tactics for market penetration to meet/exceed 2006 and
future operating plan for, revenue, and volume. Subject matter
specialist for Grocery and retail industry Solutions/Services offering,
with responsibility for implementing plans for segment penetration.
Provide Solution expertise (including branding & marCom) for current and
future derivations of Refrigerated solutions through NPI/NSI process
based on GE business product management MGPPs. Support solution &
service cost strategy with internal & external stakeholders
Lead development of tools for Product and Sales management team to
execute on commercial plan
Build and maintain a close relationship with GE businesses and key end
customers. Work cross functionally with I/T, NPI/NSI, Quality,
Technology, Engineering, Operations and other functions to implement &
execute projects critical for Solutions & Services success. Implement
strategies with customers in multiple segments that could benefit from
Solutions offerings. Perform presentations to Commercial Vehicle
customers and demonstrate how AI product will meet customer needs.
Asset Intelligence provides worldwide mobile-asset tracking and
condition-monitoring products and services. This business unit responds
to the market's desire for logistics productivity, remote asset
condition information, supply chain information, and comprehensive
homeland security systems that can track assets globally. Asset
Intelligence currently tracks thousands of assets under its VeriWise
technology platform, which has been identified as an "Imagination
Breakthrough" at GE. The business is also focused on significant
research and development. Asset Intelligence is also expanding its
operating platform to support applications that meet the needs of a
wider range of segments within the transportation industry. These new
high-IQ products and services help customers increase productivity,
reduce costs, and meet regulatory requirements.
Great New Book That Validates The Macrotrend
Leading To Capital Good OEMs Evolving Into Suppliers Of
Product-Services…Or If Not OEMs, Then Third-Parties Will Provide
Product-Services…But It Will Happen!
Lean Solutions : How Companies and Customers Can Create Value and Wealth
Together,
by James P. Womack, Daniel T. Jones (Same authors as “The Machine That
Changed The World” and “Lean Thinking”)
The structure of Lean Solutions centers on 6 requests that the authors
believe customers implicitly demand from their suppliers:
1. Solve my problem completely
2. Don't waste my time
3. Provide exactly what I want
4. Deliver value where I want it
5. Supply value when I want it
6. Reduce the number of decisions I must make to solve my problems
The authors believe that a massive disconnect exists between customers
and suppliers today. Capital goods end-users have a greater selection of
higher quality products to choose from and can obtain these items from a
growing number of sources: OEM-direct, distributors, integrators,
leasors… each promising to solve our every need. So why aren't customers
any happier? Because everything surrounding the process of obtaining and
using all these products causes us frustration and disappointment. Why
is it that, when products fail to satisfy our needs, virtually every
interaction with help lines, support centers, or any organization
providing service is marked with wasted time and extra hassle? And who
among us hasn't had a technician leave, and the problem still hadn’t
been resolved?
In their bestselling business classic “Lean Thinking,” James Womack and
Daniel Jones introduced the world to the principles of lean production
-- principles for eliminating waste during production. Now, in Lean
Solutions, the authors establish the groundbreaking principles of lean
consumption, showing companies how to eliminate inefficiency during
consumption.
The problem is neither that companies don't care nor that the people
trying to fix our broken products are inept. Rather, it's that few
companies today see consumption as a process -- a series of linked goods
and services, all of which must occur seamlessly for the customer to be
satisfied. Buying a capital good, for example, involves researching,
purchasing, integrating, maintaining, upgrading, and, ultimately,
replacing it.
In this landmark new book, James Womack and Daniel Jones deconstruct
this broken producer-consumer model and show businesses how to repair
it. Across all industries, companies that apply the principles of lean
consumption will learn how to provide the full value customers desire
from products without wasting time or effort -- theirs or the customers'
-- and as a result these companies will be more profitable and
competitive.
Lean Solutions is full of surprising success stories: Fujitsu, a leading
service company for technology, has transformed the way call centers
solve problems -- learning how to eliminate the underlying cause of
current problems rather than fixing them again and again. An extremely
successful car dealership has adopted lean principles to streamline its
business, making for dramatically reduced wait time, fewer return trips,
and greater satisfaction for customers -- and a far more lucrative
enterprise.
Lean Solutions will inspire managers to take the first steps toward
perfecting their company's process of giving customers what they really
want….and that is what Product-Services is all about!
Capital Good End-Users Want Product-Services
That Provide Lean Solutions To Manage A Product : They Want To Focus On
The Truly Value-Added Process Of R&D
A recent op-ed piece in the Wall Street Journal, from House Minority
Leader Nancy Pelosi, entitled "R&D Democrats" says it all: "America has
always been committed to being number one. Every scientific advance once
thought impossible that has been achieved--splitting the atom, landing a
man on the moon, mapping the human genome--has been achieved by
Americans. We accomplished these extraordinary goals, and then benefited
from the jobs, industries and successive innovations they have yielded
because our country was willing to make two critical commitments. We
invested in the education and ambition of the American people, and we
promoted an entrepreneurial culture that supports long term, high risk
ideas."
Where do some of the things we take for granted, the every day items
like Pyrex cookware, or Velcro fasteners, or light emitting diodes come
from? All around us, from color laser printers to mass spectrometers,
from the computer mouse to or open-sided MRIs, from satellite radio to
all aluminum engines (which save weight and improve performance), from
Teflon pans to "natural light" bulbs... we stand in awe of the products
churned out by research and development efforts of companies around the
world. Even the ability of our Captain Crunch cereal to stay crunchy for
at least fifteen minutes is a testament to the research and development
capabilities of General Mills!
BASF, the German chemical company, has a commercial that states "we
don't make the things you buy, we make the things you buy better."
Increasingly that is becoming truer of OEMs. In the book “Our Brave New
World,” three broad functions of companies are described:
• to design a product
• to manufacture a product
• to distribute a product
And successful companies in the Western world are deciding to focus
their resources on the first-- designing products.
In the legacy business model, US manufacturing firms achieved growth by
physically producing, with company owned assets, more of the same
products. Improvements in effectiveness, especially in quality, were not
of primary concern (anyone who owned an American made car in the 1970s
or 1980s can attest to that). Increases in volumes, without damaging
pricing, were easily achievable with proper planning because there
wasn't an abundance of supply relative to demand. With the Cold War,
trade restrictions and Federal Reserve monetary policies, global markets
were less efficient and a pricing model of: this is my cost, this the
profit I want to make, so this is my price, was easier to realize.
In the 1980s, with the backdrop of a falling rate of inflation and freer
trade, vertically integrated companies realized they could enhance
profitability by locating productive assets in places like Japan and
Korea--they began the process of no longer being a vertical integrated
manufacturer. This relocation of fixed assets drove profitability by
allowing companies to shed capital consuming functions and focus on
profit producing ones.
Then, in the early 1990s, the opportunity to outsource the manufacture
of an entire product availed itself as global borders opened and capital
flowed more freely around the world. Highly efficient producers that
could fulfill any order with impressive quality and speed sprang up
everywhere, from Southeast Asia to Korea, from Central America to
Eastern Europe.
The technology revolution was an accelerant to this trend of
outsourcing, as far- flung participants in a supply chain could be
connected and efforts coordinated. Just-in-time inventories, supply
chain management and business process outsourcing became part of the
lexicon of business.
OEMs realized that in a deflationary boom environment, characterized by
plentiful physical fulfillment, to sustain profits and to grow, they had
little choice but design new features, improve existing products and
create whole new products or product categories. In short, they had to
become more than a build-and-sell enterprise.
And this meant a different kind of investment. Today, less capital is
being invested in the expansion of physical capacity and more capital is
being invested in the expansion of intellectual capacity. Below is a
cross-section of some of America's largest companies. From technology to
auto manufacturers, from drugs to aerospace... And everywhere that is
analyzed, the following trends in R&D expenses relative to capital
expenditures are observed:
• They have grown much faster
• They were unaffected by recessions, mid-cycle slowdown or financial
crises
• The rate of increase, in some cases, is accelerating
• The trends really diverged in the early 1990s (the beginning of the
explosion in the trade deficit)
• They have led to strong productivity gains
Let us start with an industry in which R&D is crucial: pharmaceuticals.
R&D expenditures for Pfizer in 1991, at $1 billion, were only 25% bigger
than Capex (capital expenditures) of $800 million. But after growing
since then at a near 15% compound rate, R&D is now almost 3x the size of
Capex.
At Johnson and Johnson, the surge in R&D relative to Capex is more
pronounced as the two costs began the 1990s at parity. But in the past
15 years, R&D has grown at a 12% compound rate while Capex has grown at
a 6% rate. Now annual R&D expenses are 2.5x annual capital expenditures.
Neither a mid-economic cycle slowdown, nor recession, affected R&D,
though it definitely affected Capex.
And the same is true of OEMs. Boeing's R&D doubled over the last decade
and a half while Capex has been halved. The acceleration in R&D from
2000 to present in the face of a recession and a stock market crash is
rather impressive. A similar trend is witnessed with United
Technologies.
For the first time in its history, Dupont, spent more on R&D last year
than it did on Capex. Capex is currently a fifth the level it was in
1991.
Ford spent more on R&D last year than on Capex; almost $500m more. Capex
has been flat for 15 years while R&D has doubled.
Another example of stagnant Capex and vibrant research and development
can be found at Proctor and Gamble. In the next recession, Capex will
likely fall to levels permanently lower than R&D.
Looking at capital spending numbers gives a very incomplete picture of
the health, and innovation, prevalent across the US corporate sector.
What appears to matter most is R&D, not Capex. And those who do not keep
in mind the R&D trends will continue to miss an important piece of the
puzzle.
For suppliers of Product-Services, end-users want lean solutions sooner,
rather than later!
Excerpted from “The Innovation Boom,” by Steven Vannelli |