Given the myriad of ways companies use to monetize their patents, how do you know which choice to make? ROL Group delves into this question by looking at the different types of monetization strategies available, and balances the options based on their current market and judicial factors.
Given the myriad of ways companies use to monetize their intellectual property how can you decide which approach you should take? ROL Group delves into this question by looking at the different types of monetization strategies available, and substantiates the monetization plan using real-world case studies.
Intellectual Property Considerations in M&A TransactionsRiveles Wahab LLP
M&A transactions often live or die on the basis of well thought out and executed legal due diligence. Indeed, due diligence often shapes core deal terms, transaction structure, and whether the deal itself even moves forward. For traditional businesses with physical assets, due diligence may come with reasonably obvious do’s and don’ts. However, in M&A deals where intellectual property (“IP”) is the key or sole asset, due diligence becomes even more critical yet far less obvious in terms of best practices.
In such deals, often unique and powerful transaction structure and drafting considerations come into play that are unfortunately overlooked as practitioners often make unwarranted assumptions regarding IP ownership and/or curing defects. Moreover, there are often misconceptions about the applicability of ordinary representations, warranties, and other M&A provisions to IP as a “one-size-fits-all” solution to the often unique array of defects and other “wrinkles” attached to the IP. In these cases, valuing and structuring the transaction can be adversely affected, the post transaction operations of the target business can be compromised, and the rights of both purchaser and seller can be significantly undermined.
This course, presented by Kaiser Wahab, partner in the law firm of Riveles Wahab LLP, which is dedicated to M&A transactions in the private equity space for IP driven early-stage/mature companies, is designed to arm the practitioner with the vocabulary, skill set, and overall understanding of best practices in IP driven M&A transactions.
This presentation was prepared for the 2010 Australian Innovation festival by Mission HQ. It provides a framework that we utilise in consulting engagements for the valuation of technology based intellectual property.
This short presentation provides innovators and entrepreneurs with an overview of the basics of patent and IP protection from a business perspective. The aim and goal is to introduce non-patent experts to topics that, when properly introduced into their organizations, can help reduce risk and maximize the return on innovation investment. Some myths are dispelled in the presentation, also.
Patent Market 2015 – Buyers, Sellers & What Are They PayingErik Oliver
What is the current trend of the brokered patent market, and how can you as a buyer or seller exploit the current patent climate? We look into market pricing, litigation risks, NPE activity and more to help you decide your best patent options for 2015.
An invention requires enormous time and money; above all, it requires patience. Inventing such ideas need to be protected. Continue to the presentation to know what you will get if you registered for a patent.
Juldee IP and tech monetization v4 by ex-Hewlett-Packard Director of IP Fas M...Fas (Feisal) Mosleh
Ever wondered how to best leverage your innovation – technology, patents and IP – to create additional value for your venture? You can increase your business valuation, create a revenue stream or generate a small windfall for your business by monetizing technology and patents along the way. IP and technology M&A can help create value whether you are early stage, mid stage or later stage.
Given the myriad of ways companies use to monetize their intellectual property how can you decide which approach you should take? ROL Group delves into this question by looking at the different types of monetization strategies available, and substantiates the monetization plan using real-world case studies.
Intellectual Property Considerations in M&A TransactionsRiveles Wahab LLP
M&A transactions often live or die on the basis of well thought out and executed legal due diligence. Indeed, due diligence often shapes core deal terms, transaction structure, and whether the deal itself even moves forward. For traditional businesses with physical assets, due diligence may come with reasonably obvious do’s and don’ts. However, in M&A deals where intellectual property (“IP”) is the key or sole asset, due diligence becomes even more critical yet far less obvious in terms of best practices.
In such deals, often unique and powerful transaction structure and drafting considerations come into play that are unfortunately overlooked as practitioners often make unwarranted assumptions regarding IP ownership and/or curing defects. Moreover, there are often misconceptions about the applicability of ordinary representations, warranties, and other M&A provisions to IP as a “one-size-fits-all” solution to the often unique array of defects and other “wrinkles” attached to the IP. In these cases, valuing and structuring the transaction can be adversely affected, the post transaction operations of the target business can be compromised, and the rights of both purchaser and seller can be significantly undermined.
This course, presented by Kaiser Wahab, partner in the law firm of Riveles Wahab LLP, which is dedicated to M&A transactions in the private equity space for IP driven early-stage/mature companies, is designed to arm the practitioner with the vocabulary, skill set, and overall understanding of best practices in IP driven M&A transactions.
This presentation was prepared for the 2010 Australian Innovation festival by Mission HQ. It provides a framework that we utilise in consulting engagements for the valuation of technology based intellectual property.
This short presentation provides innovators and entrepreneurs with an overview of the basics of patent and IP protection from a business perspective. The aim and goal is to introduce non-patent experts to topics that, when properly introduced into their organizations, can help reduce risk and maximize the return on innovation investment. Some myths are dispelled in the presentation, also.
Patent Market 2015 – Buyers, Sellers & What Are They PayingErik Oliver
What is the current trend of the brokered patent market, and how can you as a buyer or seller exploit the current patent climate? We look into market pricing, litigation risks, NPE activity and more to help you decide your best patent options for 2015.
An invention requires enormous time and money; above all, it requires patience. Inventing such ideas need to be protected. Continue to the presentation to know what you will get if you registered for a patent.
Juldee IP and tech monetization v4 by ex-Hewlett-Packard Director of IP Fas M...Fas (Feisal) Mosleh
Ever wondered how to best leverage your innovation – technology, patents and IP – to create additional value for your venture? You can increase your business valuation, create a revenue stream or generate a small windfall for your business by monetizing technology and patents along the way. IP and technology M&A can help create value whether you are early stage, mid stage or later stage.
Patent Market 2017: Buyers, Sellers, Motivations & Prices?Erik Oliver
What are the driving forces behind the patent market in 2017? We examine the current trends and companies shaping the patent market for this year, as well as the various winning IP proliferation strategies outlined by noteworthy companies.
Beyond specialized IP law practices, business, commercial, tax and estate practioners are increasingly involved in identifying, protecting, applying, and defending intangible assets owned by clients.
IP Due Diligence - What Investors Want to See | Matthew Grumbling | Lunch & L...UCICove
About UCI Applied Innovation:
UCI Applied Innovation is a dynamic, innovative central platform for the UCI campus, entrepreneurs, inventors, the business community and investors to collaborate and move UCI research from lab to market.
About the Cove @ UCI:
To accelerate collaboration by better connecting innovation partners in Orange County, UCI Applied Innovation created the Cove, a physical, state-of-the-art hub for entrepreneurs to gather and navigate the resources available both on and off campus. The Cove is headquarters for UCI Applied Innovation, as well as houses several ecosystem partners including incubators, accelerators, angel investors, venture capitalists, mentors and legal experts.
Follow us on social media:
Facebook: @UCICove
Twitter: @UCICove
Instagram: @UCICove
LinkedIn: @UCIAppliedInnovation
For more information:
cove@uci.edu
http://innovation.uci.edu/s.
How Knowledge Mobilization can business critical content needed through the IP process to make better informed decisions that will ultimately increase the success of commercialization opportunities.
IP Business Models for Africa. The importance of the IP Audit presented at the AMC 2nd Annual Intellectual Property Protection, Distribution and Costing Masterclass
Have you ever wondered what it is you need to do to increase the valuation of your company to get the best payout when you exit? This panel will discuss many ways of upping your valuation and how to start the process in the early days as well as improving it in the latter days of the life of the company.
For example, adding high profile industry experienced people to your team, buying or developing really interesting patents, creating channels, a brand, relationships that matter. Other ways include increasing your customer base and creating products that fit the gaps which larger competitors possess. When an acquiring company looks at you, what constitutes your value drivers?
Join a distinguished panel comprising entrepreneurs and acquirers as well as financial experts who can give you an idea of how to best increase your company’s valuation.
How, as a burgeoning company, should you fit intellectual property investment into your business strategy? We outline Typical IP strategies for startups and help advise how to value factors such as risk, counter assertions and more.
Patent Market 2017: Buyers, Sellers, Motivations & Prices?Erik Oliver
What are the driving forces behind the patent market in 2017? We examine the current trends and companies shaping the patent market for this year, as well as the various winning IP proliferation strategies outlined by noteworthy companies.
Beyond specialized IP law practices, business, commercial, tax and estate practioners are increasingly involved in identifying, protecting, applying, and defending intangible assets owned by clients.
IP Due Diligence - What Investors Want to See | Matthew Grumbling | Lunch & L...UCICove
About UCI Applied Innovation:
UCI Applied Innovation is a dynamic, innovative central platform for the UCI campus, entrepreneurs, inventors, the business community and investors to collaborate and move UCI research from lab to market.
About the Cove @ UCI:
To accelerate collaboration by better connecting innovation partners in Orange County, UCI Applied Innovation created the Cove, a physical, state-of-the-art hub for entrepreneurs to gather and navigate the resources available both on and off campus. The Cove is headquarters for UCI Applied Innovation, as well as houses several ecosystem partners including incubators, accelerators, angel investors, venture capitalists, mentors and legal experts.
Follow us on social media:
Facebook: @UCICove
Twitter: @UCICove
Instagram: @UCICove
LinkedIn: @UCIAppliedInnovation
For more information:
cove@uci.edu
http://innovation.uci.edu/s.
How Knowledge Mobilization can business critical content needed through the IP process to make better informed decisions that will ultimately increase the success of commercialization opportunities.
IP Business Models for Africa. The importance of the IP Audit presented at the AMC 2nd Annual Intellectual Property Protection, Distribution and Costing Masterclass
Have you ever wondered what it is you need to do to increase the valuation of your company to get the best payout when you exit? This panel will discuss many ways of upping your valuation and how to start the process in the early days as well as improving it in the latter days of the life of the company.
For example, adding high profile industry experienced people to your team, buying or developing really interesting patents, creating channels, a brand, relationships that matter. Other ways include increasing your customer base and creating products that fit the gaps which larger competitors possess. When an acquiring company looks at you, what constitutes your value drivers?
Join a distinguished panel comprising entrepreneurs and acquirers as well as financial experts who can give you an idea of how to best increase your company’s valuation.
How, as a burgeoning company, should you fit intellectual property investment into your business strategy? We outline Typical IP strategies for startups and help advise how to value factors such as risk, counter assertions and more.
What is the current trend of the brokered patent market, and how can you as a buyer or seller exploit the current patent climate? We look into market pricing, litigation risks, top buyers and more to help you decide your best patent options for 2015.
You never get a second chance at a first impression. Early-stage ventures seeking investment need to know how to target, locate, approach, and close with venture capitalists, angels, and strategic investors. Hear first-hand a successful pitch from an entrepreneur who has closed a funding round (or two) and how the company’s pitch evolved over time.
Speaker: Raphael Ronen, Commercialization Manager, The Innovations Group (TIG)
Within universities and research institutions there are no shortage of good ideas; but not all of those ideas make commercial sense. In this lecture, we explore what makes a technology worthwhile commercializing. We also touch on some of the lessons we can take from the university setting and apply to any start-up technology.
Part of the CIBC Presents Entrepreneurship 101 lecture series: http://www.marsdd.com/ent101
How Your Startup Can Raise Venture Capital in the COVID-19 Eraideatoipo
This presentation will cover some of the key topics that you will need think about as you prepare your startup for venture capital funding.
The speaker will address the following and provide context for the COVID-19 era:
1) Should you be raising money from venture capital investors yet, or does it make sense to seek more angel/friends and family financing to allow you to better succeed when you seek venture capital funding?
2) What kinds of marketing documents will you need?
3) Do you have a compelling team, including the right advisors?
4) Who are your targets?
5) Is your pitch and presentation ready for a prime time audience?
6) Can you effectively answer the questions you will face?
7) Is your company prepared for legal due diligence?
The speaker, veteran startup and corporate attorney Greg Chin of Duane Morris LLP, has seen hundreds of startups succeed and fail.
Greg will address these issues and more!
Companies have more options than ever before as they decide between investing in the development of a certain technological capability internally, licensing-in technology, or buying a patent or patents to obtain the freedom to operate. We and several other panelists discuss what IP lawyers both in-house and at law firms should bring to the table in these discussions.
So you have built an amazing early stage life science company. Now you need to explain it. This panel will cover how to concisely communicate a company’s value proposition to investors in a variety of formats including the elevator pitch, an angel presentation and a VC meeting.
Presentation from Ken Marr of Targeting Innovation 'Exploiting Intellectual Assets - There’s a lot more to intellectual assets than just patents and trademarks.
Find out about the assets that you are not protecting or exploiting'
The presentation provides some background information about intellectual property as related to businesses and how the intellectual property can be used as a security interest or collateral for obtaining financing for businesses.
Creative exits v3 10 20-2013 for distribution Fas Mosleh at OPEN Networking E...Fas (Feisal) Mosleh
We explore the many ways that you can get some kind of valuable payout before you move on to your next project. We will discuss several interesting ways of ensuring that you and your investors can walk away with something in your pockets. When is the best time to plan out an exit strategy? We examine exits contemplated in the early stages through the later stages.
Preparing Your Portfolio for Prime Time: IP Due DiligenceMintz Levin
Due diligence helps potential investors know they are making a winning bet on your startup. Hence, investors conduct a detailed look “under the hood” of the company and the company’s IP is at center stage.
The Patent Monetization Cookbook: The Who, What, Where, When, Why and How...Erik Oliver
Even within a single organization several theories about how to monetize intellectual property can exist. We look into how to help you reconcile these different viewpoints to establish a clear business case and keep everyone on the same page.
Similar to Patent Monetization: Buy, Sell, License, Hold? (20)
As the Economy Closes Companies, Here’s a Patent Monetisation Primer - IAM Me...Erik Oliver
What do you do to monetise an IP portfolio when you don’t know where to start? That’s a question that patent portfolio managers might face when their executives want to know what the patent monetisation options are when a business winds down.
Autonomous Trucking Innovator TuSimple Reveals its Patent Strategy - IAM Medi...Erik Oliver
How do you set and execute a patent strategy for a high-growth, pre-revenue, technology company? That was the challenge the TuSimple team faced soon after the company was founded in 2015.
The Brokered Patent Market in 2022 - Richardson Oliver Insights - IAM Media -...Erik Oliver
"Every Patent, Everywhere, All at Once" is the subtitle to this year's Richardson Oliver secondary patent market report. Erik Oliver, Michael Costa, and Kent Richardson have greatly expanded the data sets to cover more than 16,000 patent sales offerings including more than 280,000 patent assets. Some key takeaways: it's a great time to be a patent buyer; of the deals that closed, brokers closed an amazing 90% of them; prices declined but not across the board and not for patents that sell (prices of patents that sell are more consistent). Whether you are buying, selling, valuing, or monetizing patents, you're sure to find answers in our latest report.
Since we started tracking the brokered patent market in 2012, we have seen more than $38 billion worth of patent assets offered on the market. As market information becomes more accessible, more companies participate and close deals.
In this report, you will find asking prices by technology, buying trends, advice on buying practices and much more.
This is our 10th consecutive year of publishing our annual market report, and we are always trying to improve the report. Please drop us a note with any comments or suggestions.
We provide these reports in an effort to bring greater transparency to the market. To that end, we just finished our ROI Real Prices survey of more than 35 recognized IP leading companies. The survey analyzed the closing prices of over 760 deals worth more than $2 billion. Although we cannot include the results of that report, they were compelling. Please contact us if you would like more information about ROI Real Prices.
Just how much device makers are on the hook for in patent licensing payouts is one of the most debated questions in the IP community. While a complete answer may remain elusive, an analytical approach can help manufacturers assess their risk.
After 10 years analysing the patent market, we have some very direct advice this year. If you are in-house counsel, to borrow a line from Samuel L Jackson: “Hold onto your butts.” These next few years are going to be tough. If you have not already signed up with a defensive aggregator such as Unified Patents, RPX, the Open Invention Network, the License on Transfer (LOT) Network or Allied Security Trust (AST), we recommend dusting off your defensive strategy and re-evaluating it.
Global IP Market Quick Update on the Secondary Market for PatentsErik Oliver
STATE OF AFFAIRS: THE GLOBAL IP MARKET
- 2019 Annual IP Market Data Preview
- Who’s Buying? Who’s Selling? And at What Price?
- Key Factors Impacting the Market
- Outlook for 2020 & Beyond: Still Cautiously Optimistic?
In the current legal environment, with patent litigation on the decline (especially in the U.S.), patent licensing (and related transactions) are heating up. Experts in patent licensing discuss how to negotiate patent license agreements, review examples of best (and, in some cases, worst) practices, and share current legal developments affecting patent licensing. Practical tips for structuring, negotiating and drafting patent licenses, with strategies for both the licensor and licensee, will be emphasized.
Buy, Sell, Hold? The Market for Patents and What It Can Tell UsErik Oliver
Richardson Oliver Insights produces an annual report on the patent market. Their database covers more than 150k patent assets across more than 700k deals. Kent will be presenting on the secondary patent market for patents, how big is it, who is buying, who is selling, what is pricing and what are the changes of winning with bought patents.
Buy, Sell, Hold? The Market for Patents and What It Can Tell usErik Oliver
Looking to get an understanding of the current product
landscape looks like for emerging tech in the U.S. and Internationally? In this presentation we’ll discuss what’s going on in the market right now, the implications of your IP decisions, and provide tips for navigating unique IP challenges.
Every year, we carefully track the brokered patent packages for sale on the open market and provide insights into the comprehensive state of the market and how it is changing. 2014 has seen prices drop and the deal flow slow down but what does it mean for the future of the market? We present highlights from our annual report.
LES Silicon Valley - Patent Market OverviewErik Oliver
Review of current trends in the 2017 patent market, and who and what should you expect to see buying and selling IP. ROL Group delivers its answer based on our up-to-date analytics on the market.
A brief--non-technical--introduction to artificial intelligence (AI) and machine learning (ML) techniques is provided. This presentation served as the kick-off to a larger panel discussion of the role of AI and ML in intellectual property.
Secondary Patent Market: Buyers, Sellers, Pricing and TrendsErik Oliver
A presentation on the secondary market for patents, buying, selling, pricing, what lawyers need to know to establish a program, and what are the chances of winning with bought patents.
IP MARKET ROUNDUP: LIGHT AT THE END OF THE TUNNEL?
● Preview of ROI Annual IP Market Survey for 2018
● Key IP Cases and Trends
● Who’s Buying? Who’s Selling? Who’s Licensing? Why?
● Are Valuations Starting to Go Up?
With prices low and plenty of sellers out there, there has never been a better time to be buying
patents. And all kinds of entity are taking advantage. This session focuses on who the buyers
are, what they are looking for and how they buy.
- Types of buyer – corporate, aggregators
- Motives for buying
- What buyers look for and the techniques they use – fixed time, brokers, company to company
Secondary Patent Market: Buyers, Sellers, Pricing and TrendsErik Oliver
This panel will discuss the current state of the secondary patent market, who’s buying, who’s selling, and at what price? It will look at what happens to patents after a sale, including the chance of winning on a bought patent. It will examine both standalone sales and the relatively invisible marketplace in which patents contribute significant value to a deal, including M&As, technology spinouts, JVs, tech-transfers, and exclusive field-of-use licenses.
What Will TV Cost You? Putting a Price on HEVC Licenses Erik Oliver
Changes in how you watch movies, stream TV and use video chat are on the way. These will fundamentally affect the economics of how content is delivered to you, as well as the way that the patents underpinning the enabling technology are licensed. This article aims to provide an understanding of the history of HEVC, video compression standards and the associated patent licensing landscape.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
1. Business Sense • IP MattersBusiness Sense • IP Matters
Patent Monetization: Buy, Sell,
License, Hold?
NAPP Annual Conference
Kent Richardson
July 29, 2017
Attorney-Client Privileged & Confidential
2. Business Sense • IP Matters
How Do You Make Money from Patents?
Attorney-Client Privileged & Confidential 2
Phase 1
Collect
underpants
Phase 2 Phase 3
Profit
Phase 1
• Collect
patents
Phase 2 Phase 3
• Profit
?
?
Underpants Gnomes Business Model – South Park
Patent Monetization Model
3. Business Sense • IP Matters
Agenda
Monetization options
Monetization as a sales activity
Financials drive decisions
Attorney-Client Privileged & Confidential 3
4. Business Sense • IP Matters Attorney-Client Privileged & Confidential 4
License
License
License
License
5. Business Sense • IP Matters
Monetization Strategies
Direct licensing
• Licensing is a
business
activity
• Examples:
IBM, Philips,
Intel,
Microsoft
3rd party
licensing
• 3rd party
controls and
licenses
patents
• Examples:
MPEG-LA,
Wi-LAN,
Acacia
Sale
• Transfer
patents for
cash
• Examples:
IBM, ATT,
Panasonic,
Sony
Hold
• Hold for your
own
business
purpose
• Examples:
everyone
Attorney-Client Privileged & Confidential 5
Insert Log
Mix and ma
6. Business Sense • IP Matters
Monetization Strategies
Direct licensing
• $$$$
• Least
appealing?
3rd party
licensing
• $$
• Rare
Sale
• $
• Common
Hold
• $-$$$$$
• Everyone
Attorney-Client Privileged & Confidential 6
7. Business Sense • IP Matters
Core vs. Non-Core Monetization
• Integrated into the corporate/business initiatives
• IP that is bundled with goods and services
• License the process - know-how, provide software and engineering services, license for the patents
• Examples in medical devices, pharma, electronics
• Agilent, Dolby, ARM
Core monetization
• Licensed or sold separately from the core business
• Examples
• Licensing organizations include GE Licensing, Boeing
• Sales organizations include IBM, Intel, Cypress, HPe
Non-core IP monetization
• Monetization activities are handled as a business activity
• Requirements for success
• Capability – internal and external skills needed?
• Commitment – monetization is a long haul
• Resources – do you have the assets, investment to make the monetization successful
Common themes
Attorney-Client Privileged & Confidential 8
8. Business Sense • IP Matters
Agenda
Monetization options
Monetization as a sales activity
Current market/judicial environment
Financial models drive decisions
Attorney-Client Privileged & Confidential 9
9. Business Sense • IP Matters
Monetization as a Sales Activity
• Legal - of course
• Marketing – market needs analysis, TAM, SAM, voice of customer, go-to-
market strategy, pricing
• Technical – can your IP solve the customer’s problem, can you identify the
need/infringement?
• Sales – how are you going to approach the potential customers
Multidisciplinary activity - variety of resources
• Sales is a skill: a good ability to read people and situations, listen to needs,
and a general desire to make the customer happy and successful
• Typical monetization looks like an enterprise sale
• Large dollars
• Complex needs analysis
• More than simply walking in with claim charts
• Success stories of monetization
• Numerical Technologies, Rambus, multinational licensing organization
What is sales in monetization?
Attorney-Client Privileged & Confidential 10
10. Business Sense • IP Matters
Want to Monetize – Understanding What’s Hot
Helps
11
Who and
what gets
targeted?
Over 1,000 EOUs reviewed
5 years
Over 2,800 patent sales packages
Over 80,000 patent assets
Hot
companies Apple
Google
Microsoft
Samsung
Hot
technologies Communications and smartphones
Social
Wearable, storage, RFID, mail
Hot products
iPhone, Galaxy
Bing
YouTube
Xbox, TiVo
11. Business Sense • IP Matters
Example Messaging Overview: Be the Pioneer
and Leader
•Positioning CompanyX as a pioneer and a leader, reinforces that CompanyX has inventors and
innovators
Goal
•Pioneering inventors have important patents
•Important patents must be more enforceable
•No one will be surprised that a pioneer has key patents
•Innovation includes inventions but includes additional improvements
•Leaders are expected to be innovators and will generate important inventions and patents
•Goal: Competition CEO, “Yeah, CompanyX has been out talking about their patents for years.
We’ve had to explain why we don’t infringe more than once.”
Key assumptions
Attorney-Client Privileged & Confidential 12
Pioneer Leader
Inventor Innovator
Time
12. Business Sense • IP Matters
Agenda
Monetization options
Monetization as a sales activity
Current market/judicial environment
Financial models drive decisions
Attorney-Client Privileged & Confidential 13
13. Business Sense • IP Matters
Current Environment for Monetization: Bad
News/Good News
• Judicial decisions and legislative activity have reduced patent values
• Post Alice sales rates for business method patents dropped more than 60%
• “Yahoo’s patent portfolio is junk” - Fortune
• FRAND damages have been reduced to a small fraction
• General market for patents is down > 50% since 2012
• Devaluing of NPE stocks - people are getting out of the business
• … and it goes on …
Bad news
• Fewer NPEs, fewer monetization campaigns, more of the share of the
product margin for those remaining
• Pendulum is likely starting to swing back
• Erich Spangenberg is getting back into the buying and assertion business
• Monetization with business and services is still strong and viable
Good news
Attorney-Client Privileged & Confidential 14
14. Business Sense • IP Matters
Patent Transaction Ecosystem
Patent
Market
Buyers
• Apple, Amazon, Facebook,
Google, Intel, Microsoft,
Qualcomm
• Intellectual Ventures, Acacia
• RPX, OIN, AST, Unified
Patents
Sellers
• SMEs, Cisco, Yahoo!, ATT,
Verizon
• Intellectual Ventures, AST,
RPX
Deal Makers & Brokers
• Richardson Oliver Law Group
• Patent Profit, Epicenter, ICAP
• Bankers, law firms, IAM
managers
15Copyright 2015 ROL
15. Business Sense • IP Matters
Agenda
Monetization options
Monetization as a sales activity
Current market/judicial environment
Financial models drive decisions
Attorney-Client Privileged & Confidential 16
16. Business Sense • IP Matters
The Why and What of a Financial Model
•You have a theory of how you will make money (why will others pay you?), now you need to
know whether that theory will actually translate into a positive return
•Defines the key variables that will dictate whether your plan will be financially successful
•Shows how much you expect others to pay you
•How much you will have to commit in resources (capital and people)
•When costs and revenues occur
•What’s your expected return on investment and rate of return
What is a financial model
•The financial model structures your conversations about the viability of a monetization plan
•Helps prove out your monetization choice and compare choices
•Allows you to get buy in from other members of the team and influencers
•Allows team members to ask specific questions about assumptions and the plan
•Do you run out of cash before you make money?
•How much capital do you need?
•What is your margin of safety?
•How will you be measuring your success?
•Even a basic model can be used to start the conversation
Why a financial model
Attorney-Client Privileged & Confidential 17
17. Business Sense • IP Matters
Financial Monetization Models – Example Level
Attorney-Client Privileged & Confidential 18
Model (NPV Estimated) Mid ($M) High ($M) Low ($M)
Sales (Baseline) $ 13 $ 20 $ 5
3rd Party License $ 27 $ 54 $ -
Direct License $ 67 $ 134 $ -*
•Calculated from the market price of comparable patents available on the open market, adjusted for the number of value driving
patents in the portfolio, and adjusted for selling 300 (retaining 200 assets)
•Upside from selling the entire portfolio +$7M, proportionate upsides are expected if the entire portfolio is available for licensing
either directly or through 3rd parties
Sales
•Calculated as a multiple of the sales price and tested against past monetization campaigns of similar sized portfolios
3rd Party License/Partner
•Calculated as a multiple of the sales price, and tested against TIM (total impacted market) analysis for target market MarketX
•MarketX market used as a proxy for direct monetization market opportunity, likely underestimates the TIM as other monetization
points in the supply chain may be more compelling. Serviceable impacted market will be smaller because of existing licenses, but it
is reasonable to expect a large enough SIM to support the monetization plan
•*Direct License Low could be a negative number
Direct License
18. Business Sense • IP Matters
Disproportionate Targeting in Brokers’ Claim
Charts
Attorney-Client Privileged & Confidential 19
Interim results – not for
distribution
19. Business Sense • IP Matters Attorney-Client Privileged & Confidential 20
BUSINESS SENSE • IP MATTERS
ROL Group has over 70 years of IP strategy and execution
experience. We ask the business questions first. We
blend in-house and large law firm experience to create
clear steps for success.
We guide companies through unique IP challenges—like
buying and selling patents, developing licensing
programs, defending against patent assertions, and
creating a value-driven IP portfolio. We give direction to
businesses that share our passion for new ideas, creative
problem solving and forward motion.
Contact Information:
+1 (650) 967-6555
info@richardsonoliver.com
20. Business Sense • IP Matters Attorney-Client Privileged & Confidential 21
21. Business Sense • IP Matters
Value Life of a Patent
•Mark Lemley litigation research
•Jonathan Retsky, Motorola internal study
•Kent Richardson, Rambus portfolio analysis
Most valuable patents are ~12 years old
•4-5 years
Patents take a long time to obtain
•8 years before volume production of products using the inventions
•$XB markets take time to develop
But volume production takes longer
22. Business Sense • IP Matters
Characteristics of More Valuable Patents
• > 8 years old
Age
• >$1B
• Many companies
• Few patents
• Demonstrated use in the market
Market
• Open continuations
• Many cited patents
• Clear demonstration of further patent development in the family
• International coverage
• Clear claims
• Varying scope of claims
Prosecution
• Ability to quickly see if someone is using the patented technology
Visibility
Attorney-Client Privileged & Confidential 23
23. Business Sense • IP Matters
Value Distribution of a Typical Patent Portfolio
24. Business Sense • IP Matters
OurCo’s Ecosystem of Patent Risk
25
Patent threats come from OurCo’s near
ecosystem
What is OurCo’s business ecosystem?
Comp
etitors
Custo
mers
Suppli
ers
Partne
rs
OurCo
Corporate asserters
OurCo’s potential patent
risk
Copyright 2015 ROL
25. Business Sense • IP Matters
OurCo’s Ecosystem of Patent Risk - Filtered
26
OurCo’s potential patent
risk
?? ? ?? ? ?
OurC
o
Which risks is OurCo going to address?
Copyright 2015 ROL
26. Business Sense • IP Matters
How Big Is the Patent Market?
27
•Since 2011, we have tracked $4.5B of brokered patent packages + $2.4B of non-brokered
•Over 2,000 packages with over 63,000 patent assets
•118 technology categories represented from LEDs, Displays, Social Networks, Automotive
Robust market – Nearly $7B of patent deals tracked
•566 brokered packages received containing nearly 9,000 patent assets
2015 market remains robust
• Source Richardson Oliver Law Group LLP, 2015 Brokered Market Report
Copyright 2015 ROL
$-
$1,000.00
$2,000.00
$3,000.00
$4,000.00
$5,000.00
$6,000.00
$7,000.00
$8,000.00
2011-Q1
2011-Q2
2011-Q3
2011-Q4
2012-Q1
2012-Q2
2012-Q3
2012-Q4
2013-Q1
2013-Q2
2013-Q3
2013-Q4
2014-Q1
2014-Q2
2014-Q3
2014-Q4
2015-Q1
2015-Q2
2015-Q3
Total Asking Prices ($M) - Brokered and Private Market
Total Asking Price Unsold Total Asking Price Sold
27. Business Sense • IP Matters
2015 Market Pricing
28
Asking Price $K
Top and bottom 5 data points from
each set removed
Per Asset Per US Patent
Average $189.88 $276.68
Min $16.95 $30.00
Max $925.00 $1,000.00
StdDev $183.18 $249.29
NumData 430 423
• Prices are down about ~$50K
• But, sales rate is 23% ahead of comparable period last year
• Prices vary substantially by package size
Market pricing
Copyright 2015 ROL