Download to read offline
Aistemos - IP Value and Risk
- 1. IP Value andRisk Imperial College Business School Nigel Swycher, CEO, AISTEMOS Limited 29 April 2014
- 2. Background and context •AISTEMOS was established in October 2013 to focus on IP Strategy, data analytics and risk management • We are developing the first IP data analytics product targeted at corporates, banks, lawyers, accountants, etc. (i.e. those who have no specialist IP knowledge) The Pilot Group includes more than 25 organisations (http://aistemos.com/ciph er-pilot-group.html) and the prototype was launched in February 2014 (http://bit.ly/1gRUIjL) • AISTEMOS has a close association with the UK’s most experienced IP strategists, including Donal O’Connell, John Pryor, Rob Carter and Marcus Malek • AISTEMOS’ passion is the continued evolution of IP as an asset class and to encourage the further participation of the financial services sector and insurance markets 229 April 2014
- 3. IP Value andRisk • What matters are all things that will increase the VALUE and decrease the RISK associated with IP rights • Remember at all times that RISK and VALUE are relative and not absolute measures. The Target (T) has less VALUE than a Comparable company (C1) and less RISK than the other Comparable (C2) • Achieving a particular position on the Grid should be a conscious decision, and there are often trade-offs to be made. There are few who can achieve or sustain high VALUE/low RISK positioning in any aspect of business, and especially in IP 329 April 2014
- 4. The drivers forRisk and Value Portfolio Litigation Licensing 429 April 2014
- 5. Understanding Risk andValue drivers Patents Trade Marks Copyright Confidential Information Portfolio Inbound Outbound Licensing Pursuit Defence Litigation 529 April 2014
- 6. Managing Risk andValue Governance and Management Awareness and Education The vast majority of all “war stories” can be tracked to failings in one or both 629 April 2014
- 7. War stories Oops…. • Productlaunch frozen • No patent available • No exclusivity • Unwanted competition • Publication of proprietary software If only…. • a trade mark search had been undertaken • the filing had been made before the conference • the supplier had assigned the IPR to us • our confidential information was properly identified or protected • we had implemented an Open Source policy 729 April 2014
- 8. Patent risk andvalue It’s all relative and it’s all about perspective Plaintiff Licensor Value Litigation Licensing Event Defendant Licensee Risk 829 April 2014
- 9. CIPHER - IPanalytics Business decisions in the field of intellectual property must be informed choices based on all available information: • The size and strength of your portfolio, compared to others • The licensing landscape and current VALUE ranges • The RISK of litigation, from both competitors and non-practising entities (NPEs) The starting point is Big Data. The challenge is that not all information is available and not all of it is in one place 929 April 2014
- 10. * Refer toBanking on IP, UK IPO report, November2013 http://www.ipo.gov.uk/ipresearch-bankingip.pdf Evolution of IP IP is an asset class, but does not perform in the same way as more established assets, such as land, equity or commodities. This means: • Imperfect markets for the buying and selling of IP • Unwillingness of traditional lenders (aka banks) to lend against IP * • Immature products and services to mitigate IP risk, specifically IP insurance 1029 April 2014
- 11. The future isnow • There is increased recognition that intangible assets, and IP as an important part of that, is a significant contributor to enterprise value, particularly in the TMT and biotech/pharma sectors • The last 5 years has been an intense period of activity in numerous areas such as transactions (Nortel, AOL, Motorola, MIPS), litigation (Apple/Samsung and NPEs, such an Intellectual Ventures, Acacia) and organisations formed specifically to facilitate and mitigate the opportunities and risks (AST, RPX, OIN, Unified Patents and most recently, Patent Properties) Expect this activity and the rate of development to increase, and for the financial sector to engage. IP is complex and mispriced 1129 April 2014
- 12. Questions? Nigel Swycher 29 April2014 aistemos.com 1229 April 2014