One of the under-utilized aspects of available US patent data is the business information effectively "hiding in plain sight" in the U.S. Patent Office Assignment database. While it used to take weeks or months for assignments to be recorded, in recent years, the USPTO has implemented a very efficient electronic filing functionality that results in assignments being available for review almost immediately after being presented for recording. (This is arguably the most efficient process today in the USPTO.) Because most patent owners appear to avail themselves of electronic filing option when recording their assignments, one can find a wealth of information in the USPTO Assignment Branch.
To this end, I recently uncovered an intriguing tidbit of information related to the Automobile Bailout when performing a wholly unrelated patent monetization marketability study for a client. In confirming that a patent was
Looking for Inside Info on the Automotive Bailout and Other Business Issues? It May Be Hiding in Plain Sight in US Patent Assignment Database
50% of Venture Capital Investment is Lost: How Your Clients Can Improve These Odds by Using the Right Patent Analytics
THE SKINNY ON THE QUALITY OF VENTURE CAPITAL-RELATED INVESTMENT DECISIONS
If you are a counselor of venture capital firms or entrepreneurs who owning start-up companies that are targets of venture capitalists, you might already be familiar with the high rate of failure associated with such investments. Nonetheless, you may be surprised to find out that 50% of all money invested in venture capital is a loss. This figure, which is based upon separate research projects by a Chicago Graduate School of Business (“GSB”) professor and a former Chief Economist at the Securities and Exchange Commission, indicates that the actual return on venture capital investment is not much different from the average annualized returns on the smallest NASDAQ stocks. In particular, the return on venture capital investment from 1987 to 2001 in these smallest stocks was 62% as compared
Think Business Cannot Predict the Future? Patent Landscape Analytics May Prove You Wrong
Regular readers of the IP Asset Maximizer Blog will recognize my previous post which provided an illustration of the predictive nature of patent landscaping to improve business decisions using Cox Enterprise's $300 Million acquisition of Adify as an example. I wanted to follow up on that post because a recent announcement by Yahoo may demonstrate that, at least in some situations, patent landscaping analytics are so good at predicting future competititve activity that they can operate as a business crystal ball. In that post, I predicted that Cox would likely experience substantial competition in the vertical advertising space as it seeks to capitalize on its purchase of Adify, and supported this assertion by providing a picture of third party commercial intentions by looking at patent filing data. This prediction was bolstered by recent a Google announcement that it was partnering with NBC-Universal to deliver targeted ads through cable. This
Investors Can Predict the Winners of the Alternative Energy Race: Follow the Patents
It seems that in just the last few months, reduction of US dependence on foreign oil has moved from an occasionally discussed aspirational goal to becoming a critical public policy mandate. Indeed, there is much talk about the energy policies of both John McCain and Barack Obama, each of which focus substantially on increasing the amount of energy obtained from within the borders of the US. As an interested observer, it appears to me that the publicity associated with The Pickens Plan announced in July 2008 (which I previously wrote about here) served as a significant impetus for increased public awareness of alternative energy as a public policy concern. There can be no doubt that the alternative energy "train has left the station" and that we will begin seeing an ever-increasing amount of corporate investment in both wind and natural gas technology. This investment will be directed toward
Using Patent Landscaping Analytics to Improve the Quality of M & A Decisions: A Review of Cox Enterprises’ $300 Million Purchase of Adify
Many companies today enter new product or technology markets through acquisition. However, this is far from a sure-fire plan for business success. For example, in 2006, Inc.com reported that 60-70 % of acquisitions fail and more than 90 % of acquired businesses lose value. These somewhat dismal results leave no doubt that acquiring companies need better sources of information to properly vet and select acquisition targets. Of course, companies typically conduct extensive pre-deal research to identify good acquisition targets and use the M & A due diligence process decide whether to consummate the deal. However, such efforts are inherently limited because much about the target will remain unknown until the acquisition is completed. There can nonetheless be no doubt that more sources of relevant information will improve the probability that the acquiring company will make a better decision about completing the deal. Since the degree of competition to
The Problem with Patent Due Diligence in Mergers and Acquisitions and How to Fix It
As a business or investment professional involved in mergers and acquisitions ("M & A"), are you conducting patent due diligence according to the standard practices of your M & A attorneys and investment bankers? When patents form a significant aspect of the value of the transaction, you are probably getting incorrect advice about how to conduct due diligence. The due diligence process must take into consideration the competitive patent landscape. If competitive patents are not included in your vetting process, you may be significantly overvaluing the target company. In my many years of intellectual property and patent experience (more info here: http://www.jackiehutter.com/), I have been involved in a number of M & A transactions where patents formed a significant portion of the underlying value of the deal. As the patent specialist on these transactions, I took direction from highly compensated M & A attorneys and investment bankers who were acknowledged
Technology Start-up Entrepreneurs and CEO’s: If Your Goal is Investment or Acquisition by a Big Company, You are Probably Patenting the Wrong Things
Do you treat your patents as a fence or a tollbooth? If you wish for your start-up technology company to obtain investment from or acquisition by a bigger player, you had better understand the difference. Most start-up technology company entrepreneurs and CEO's understand that patents can be key to establishing the value of a new business idea. Typically, entrepreneurs and CEO's such as yourself will engage patent attorneys to build an IP portfolio that protects the start-up's technology and products to the fullest extent possible. The motivation for this effort and expense is, of course, to to protect your start-up's idea from use by others. As management of a start-up you may be seeking to build an ongoing business around the patented technology, but often the goal of building a solid patent portfolio is to make your business an attractive target for investment or acquisition by a larger company. As an intellectual
It’s All About the Numbers: SuperCrunchers of Patent Data will Gain Competitive Advantage
A recent book entitled Super Crunchers: Why Thinking-By-Numbers is the New Way to Be Smart (available at http://www.amazon.com/Super-Crunchers-Thinking-Numbers-Smart/dp/0553805401) presents an intriguing perspective of how forward-thinking companies can use the wealth of data available today to obtain an edge against competitors. The book, written by Ian Ayres, an econometrician and law professor at Yale University, posits essentially that he who crunches the available data will come out ahead in this modern world of massive amounts of data. A detailed review of this book from Newsweek is found here: http://www.newsweek.com/id/40860. The "Super Crunchers" premise applies strongly to the world of patents. Indeed, when leading companies such as P &G, GE and others engage in multi-faceted corporate intelligence programs, it cannot be a controversial to contend that those companies that mine and apply the results of data analysis of both their own patent portfolios and those of competitors will obtain valuable information
50% of Money Invested in Venture Capital is Lost: The Right Patent Analytics Can Improve These Odds
According to this article by Arlene Jacobius in Pension and Investments Online, 50% of all investment in venture capital is a loss. This article, which is based upon separate research projects by a Chicago Graduate School of Business professor and a former Chief Economist at the SEC, indicates that the actual return on venture capital investment is not much different from the average annualized returns on the smallest NASDAQ stocks. In particular, the return on venture capital investment from 1987 to 2001 in these smallest stocks was 62% as compared to the 59% mean return of venture capital funds. This 59% value certainly does not reflect the investing public's general perception that venture capital return on investment markedly outweighs what one can obtain on the stock market. And, it is this apparently erroneous assumption of perceived higher return that presumably justifies the risks associated with venture capital investment by
Beware of Those Who Would Sell You Worthless Patent Landscapes
If you are an innovation professional or an investor in new technology, you certainly appreciate that it is important to investigate and analyze the so-called "patent landscape" prior to moving forward with your business plans. As shown by examples such as the $600 plus million settlement of the BlackBerry(tm) lawsuit in 2006 and the $431 million liability court finding that Boston Scientific infringed the patent of a New Jersey doctor, the execution of innovation and technology-based business strategies can be significantly derailed by the pre-existing patent rights of others. In view of these examples (as well as many others), you should not embark on any innovation or technology investment prior to developing a valid point of view on how patents will affect your investment payback. However, in talking to clients of my IP business strategy consulting company, I know that there is no uniform understanding of exactly what a