New Study Reinforces Value of Patents in Venture Capital Investment

Regular readers of the IP Asset Maximizer Blog will know that I am a strong advocate of the use of IP analytics by venture capital investors, as well as others.  Clearly, VC’s need better ways to gauge the appropriateness of an investment when more than 50% of venture investment is a loss. My point of view is based on personal experience with various clients, as well as external review of a few investments that I thought signaled that a review of the IP landscape should have been conducted prior to completing the deal.  So, I was glad to see my opinions backed up by real data.  Specifically, my friends at IP Vision, a patent landscaping and data company originally out of MIT, conducted an extensive study of 9,000 venture backed firms.  The study was done with investors, corporate executives and members of the faculty at MIT Sloan School of Management. Joff Wild discusses provides an overview of the results on his IAM Magazine blog.  (The original article is behind a pay wall at IAM Magazine, but I will post a link to it when it available for review in the future.)  What I find interesting, is that the baseline for Continue Reading →

How to Improve the Performance of M&A: Determine Whether the Target Really Provides Durable Competitive Advantage

Recently, I was asked to speak to a Georgia Tech MBA class about IP Strategy–specifically about the inter-play of IP in M&A.  A significant portion of my talk addressed how poorly existing due diligence and IP metric methodologies traditionally perform to predict the financial success of M&A transactions.  There is no question that improvements are needed in this regard.  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. Having been involved in M&A transactions as a legal and business advisor over the years, I have developed unique insights on the the due diligence and IP metric processes from both sides of deals.  In these deals, the highest (and presumably most expensive) advice of investment bankers and M&A attorneys directed the deal flow.  Significantly, however, much like a real estate transaction, these advisors took their money at the close of the deal and left my client with the property.  These advisors had no incentive to ensure the house was in good shape after they walked away Continue Reading →

The News is Out: We Now Have an Intangible Asset-Based Corporate Economy

(Ed. Note:  A family emergency has been keeping me away from the office.  The good news is that I have been catching up on my RSS feeds and reading some really interesting stuff, albeit a bit late.  One of these interesting reads is a David Brooks piece dealing with corporate intangible assets.  Since this was published Christmas week, others may have missed it, too.  And, when pundits pick up on what you have been talking about for years, I means that the public is finally “getting” it!) David Brooks’ Op-Ed in the December 22, 2009 New York Times raises some interesting points about our new intangible economy.  In this piece, entitled “The Protocol Economy,” Brooks recognizes that we have moved from an economy that makes “stuff” –that is, a physical goods economy—to one that deals in “protocols.”  (I think it would be more appropriate to call our evolving intangible economy a “process-oriented economy,” but I will go with Brooks’ characterization for this post.)  The point of Brooks’ piece is to highlight the need of economics to transform its models in order to deal with this new reality. Brooks’ states: Protocols are intangible . . . .[A] nation has to have Continue Reading →