Fallback Image

The First Step to Generating Revenue from "Patent Monetization" is Understanding What the Term Means

Smart corporate leaders continually seek new methods to capture firm asset value and improve cash flow. And, with estimates of more than 70 % of corporate value being in the form of intangible assets, it is not surprising that many organization are searching for ways to generate revenue from this all-to-often untapped asset class. IP monetization has therefore become an increasing focus of corporate managers and even seems to be an emerging "business model du jour" for innovative corporate managers. Moreover, since patents comprise the most "tangible" form of intangible assets at most companies, many corporate leaders view patent monetization as "low hanging fruit" in the search for additional methods to generate cash income. Indisputably, there is much money to be made from patent monetization. However, in counseling business professionals as an IP Business Strategist (more info here: The Hutter Group), I frequently find that many otherwise sophisticated high-level

Fallback Image

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

Fallback Image

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

Fallback Image

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

Fallback Image

Learning from Microsoft’s Hard Trademark Lesson: Your Company Needs a Multi-Faceted IP Strategy

This New York Times article entitled "A New Battle is Beginning in Branding of the Web" demonstrates that companies such as Microsoft and Dell are adopting aggressive Intellectual Property (IP) strategies that include forms of legal protection others than patent rights. The basis of this approach might not be obvious to those who consider these companies "technology companies" at their respective cores. That is, the product lines of Microsoft and Dell (and their counterparts) might more logically be considered by some to be the subject matter for patents, as opposed to trademarks. Nonetheless, the article confirms that more and more companies are reaching outside of the traditional mode of technology patent protection to develop comprehensive IP strategies directed toward creating IP value in multiple dimensions. It is interesting to find out that Microsoft apparently learned the lesson of the need for an IP strategy by almost making a colossal

Fallback Image

How to Make Sure Your IP Strategy Plan is Not Doomed to Failure

Smart business leaders understand today that IP Strategy should form a fundamental pillar of their value creation-directed business strategy. By taking a "business eye view" toward IP, forward-thinking corporate managers seek to capture the true value of their company, which today is increasingly measured in the form of intangible assets such as patents, trademarks, copyrights and trade secrets. If you have read this far in this post, you no doubt realize that your company must develop and execute on an IP Strategy in order to maximize intangible asset value. But, IP Strategy is only one part of the process of generating and maximizing this asset value. As an IP and Patent Business Strategist (more info here: The Hutter Group), I have found that even the most robust business-directed IP Strategy is likely doomed to failure if your company does not also establish an IP Culture within your organization. Put simply,

Fallback Image

How to Prevent IP Ownership Issues When A Corporate Strategic Alliance, Joint Venture or Open Innovation Project Fails

Technology-focused collaborations form a foundation of today's corporate planning strategies. Such collaborations can be in the form of strategic alliances, joint ventures, open innovation or other legal structures. Regardless of how the participants characterize and legally structure such collaborations, the most common motivation for forming such alliances is to pool technology and R & D resources. When technology and R & D is involved, it must follow that IP ownership issues should loom large in the planning stage of the collaboration. However, my experience shows that the parties rarely give appropriate consideration to IP ownership in the agreements that are supposed to fully set out the rights and responsibilities of the parties. I can say with authority that IP issues are not usually given proper consideration in collaborative agreements because my expertise in this area results primarily from helping clients after their collaborations

Fallback Image

Confessions of a Non-Recovering Patent Troll Enabler

I came across this TechDirt article: Exposing The Patent Troll Playbook... And How To (Almost) Beat It (h/t Ron Carson, VP of Marketing at Innovation Asset Group). This is an insider's account of what it is like to be the victim of a so-called "patent troll". Perhaps better than the article itself are the comments which make it clear how passionate people are about the topic of patent trolls. This is recommended reading, if just for the entertainment value of the comments. Reading the TechDirt article made me recall my time as a junior litigator at a well-known Atlanta law firm. As a very green (and tired) young attorney, I sent many "licensing offer letters" for the AudioFax Company. In this role, I was an enabler of a very successful patent troll. And, as set out in this post, I have continued to enable patent trolls throughout my more

Fallback Image

Response to WSJ Online Article: What Business Owners Should Know About NOT Patenting

Today, the Wall Street Journal Online published an article entitled "What Business Owners Should Know About Patenting". In this article, Stuart Weinberg interviews James McDonough, an attorney at the well-respected Fish & Richardson law firm. Mr. McDonough gives excellent advice about the process of building an intellectual property portfolio. However, he skips over a crucial first step--does building a patent portfolio really create long term value for your business? In many cases, the answer will clearly be "yes". In many other cases, building a intellectual property portfolio could actually reduce or destroy your company's asset value. By focusing his advice on the portfolio building step and later, Mr. Donough ignores the foundation on which your company should start the portfolio-building process. First, an admission: I created a lot of value for myself and my law firm partners over the years by obtaining patents that did not ultimately create business value for

Fallback Image

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

1 6 7 8 9