Presented at Innovative Europe Conference in Gdansk, Poland, October 2014. Discusses 10 things that changed the world of intellectual property, and recent IP management trends.
Call Girls In Sikandarpur Gurgaon ❤️8860477959_Russian 100% Genuine Escorts I...
Emerging IP management strategy - Poland Oct 2014
1. 2014 STEM Educator Academy
Emerging Landscape for Intellectual
Property
Dipanjan (DJ) Nag, Ph.D., MBA, CLP, RTTP
President and CEO, IP Shakti, LLC
Adjunct Faculty, Rutgers University
Visiting Professor, Shizuoka University
10. Ten things that changed the world of IP*
• Sale of Nortel’s portfolio for >$4.5 B
a. Sale of Kodak’s portfolio
b. Facebook acquisition of AOL patents/ Google buying Motorola Mobility
*In the last 30 years
11. Ten things that changed the world of IP*
Intellectual Ventures created – own >70,000 US patents
12. Ten things that changed the world of IP*
• IBM makes > $1 Billion from licensing intellectual property
• Technicolor > 650 Million
13. Ten things that changed the world of IP*
• P&G gets rid of the NIH (not invented here) syndrome
a. Rise of Open Innovation
b. Pharma has >80% of drugs from Universities
14. Ten things that changed the world of IP*
• The signing of Bayh-Dole act in 1980
a. Success of technology transfer
16. Ten things that changed the world of IP*
Outsourcing of legal services – LPO, KPO, BPO
17. Ten things that changed the world of IP*
Rise of the Patent Trolls……
18. Ten things that changed the world of IP*
The rise of global market players BRIC and others…..
19. Ten things that changed the world of IP*
• The America Invents Act – IPR, CBM and other changes
20. Ten things that changed the world of IP*
• Apple v. Samsung and many other epic battles
21. INTRODUCTION
• Increased number of players in the IP market place.
• Non-performing entities making news.
• Telecommunications and pharmaceutical patent wars.
• Transactions in patents have increased by many folds and through a
varied genre of players.
• Economic significance highlights the mired dynamics.
23. Patent-lawsuit firm sues window makers
A New York firm claims that 10 companies are infringing on its patents for window-frame construction.
“We are looking for amicable cases, not just lawsuits,” said Robert Berman, president and CEO of
CopyTele Inc., the Melville, N.Y., parent company of the firm launching the lawsuits. Berman said in a
telephone interview that subsidiary J-Channel Industries Corp. also will pursue royalties from window
companies not named in the lawsuits.
Ten companies face civil suits in U.S. District Court in Knoxville, Tenn., after J-Channel filed its
complaint and suits Aug. 7.
J-Channel was created as a subsidiary of CopyTele to pursue alleged window-frame patent
infringement, Berman said. Copy¬- Tele’s primary business is “monetization and assertion of patents.”
Patent lawsuit comes home!
24. LAW OF “UNINTENDED CONSEQUENCES”
THE America Invents Act (AIA) Patent Reform Legislation
29. IP development
CLASSIFICATION OF IP MARKETS VALUE CHAIN
IP sellers
IP facilitators
IP development & licensing
companies
IP Markets Value Chain
Defensive IP pools
IP aggregators
IP buyers
Patent Licensing & Enforcement
Companies
Single asserters Licensing agents Brokers Auctioneers Exchanges M&A advisory firms
32. IP Management for Companies
• Reduce
competition
• Patent
Trolling
• IBM Model
• Pure licensing
• NPEs vs. PAE
• Protect
Product
• Protect
Margin
• Increased
valuation
• Growth
• M & A
Strategic Defensive
Revenue Offensive
35. IP negotiation – In a University Setting
First right to negotiate
First right of refusal
Exclusive Option
Non-exclusive license
NERF
Exclusive license
Exclusive royalty free
Assignment
37. Key Take Aways For Universities
IP Matters
Not all IP is created equally!
Focus on your claims, that is what makes it valuable
University claw back into IP
If the startup fails who gets the IP?
Improvements and fields of use
IP as a collateral
Can you loan money on the IP?
Revenue strategy for an early stage startup
Can you license the IP as a source of revenue?
38. BEG, BORROW AND BUILD: THE LEANER STARTUP
Adapting to the new model
39.
40.
41. It is all about risk mitigation
F&F • $25K-
$100K
Angel • $50K-
$250K
Series
A
• $500K-
$2MM
Series
B
• $2MM-
$25MM
IPO
Risk
Time
Key Risks are:
- Management risk
- Intellectual property risk
- Technology risk
43. Conclusions
- Intellectual property fuels the knowledge economy
- Startups are the projectiles for “disruptive innovation”
- Intellectual property as an asset class is here to stay