Post on 24-Feb-2016
description
PATENT MONETIZATION
Ragnar OlsonGlobal IP Law Group, LLC
PATENT VALUATIO
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2
Patent Value – Phase I
o Market Area• Digital Media (Streaming/Gaming)• Wireless Infrastructure (4G)• Smartphone Functionality• Social Networking
o Patent Filing Factors• Filing Dates• Issued Patents = Current Claim Coverage• Disclosure/Open Continuations• Worldwide Coverage• Access to Inventors• Reexamination
PATENT VALUATIO
N
3
Patent Value – Phase II
o Infringement• Claim Charts• Independent/Dependent Claims
• Reverse Engineering
o Financial Analysis• Industry Growth Rates• Royalty Rates• Penetration Rates
o Encumbrances• Licensed/Available Market
PATENT VALUATIO
N
4
Monetization Options
o Litigation
o License
o Sale
o Hybrid
WAYS TO
MO
NETIZE
5
Litigation
o Often Exclusive Monetization Avenue of Law Firms
o High Risk/High Reward
o Slow – Many Years
o Highly Adversarial
o Willingness to Participate
WAYS TO
MO
NETIZE
6
Licensing
o Provides Ongoing Revenue
o Still Adversarial• Carrot v. Stick
o Creates Significant DJ Risk
o Difficult Without Litigation
WAYS TO
MO
NETIZE
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Sale
o Lower Risk/ Lower Reward
o Variety of Options• Private Sale • Public Auction
o Lower DJ Risk/Friendly Transaction
WAYS TO
MO
NETIZE
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Hybrid
o Some Upfront Money
o Backend Participation
o Acquiring Party Has Full Litigation Decision
o Seller’s Willingness to Participate
o Repurchase Clause
Privileged & Confidential Attorney-Client Communication
ACTIVE PATENT CO
MPAN
IES
9
CURREN
T PATENT SU
ITS
10
PATENT ACQ
UIRERS
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Buyers
o Strategic Buyers• Operating Companies• Defensive or Offensive• Will Pay a Premium
o Aggressive Non-Practicing Entities• Licensing Companies• Hybrid Option
o Defensive Non-Practicing Entities• Acquire Patents on Behalf of Members• No Assertion • May Sell Patents Back Into Market
GLOBAL IP LAW
GROU
PResultsIn early 2009, we formed an innovative law firm dedicated to monetizing patent assets through sales, licensing, and litigation. Our partners developed their expertise at elite law firms and an innovative investment bank, and we have a strong mix of corporate and law firm experience (large and small), and have extensive entrepreneurial experience.
Steve Steger Brinks Hofer; Mayer Brown; Accenture; Brunswick; Ygomi
Ragnar Olson Drug Enforcement Administration; Ocean Tomo
David Berten Kirkland & Ellis/Bartlit Beck; founded Competition Law Group in 1999
Graham Gerst Kirkland & Ellis; U.S. Department of Justice
Cindy Ahn Kirkland & Ellis; Third Wave Technologies (General Counsel)
Since formation, the firm has more than 100 agreements pending or closed, with a total value in excess of $5 billion.
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CON
TACT INFO
RMATIO
N
13
Thank You
Ragnar Olson, PartnerGLOBAL IP LAW GROUP, LLC123 N. Wacker DriveSuite 2350Chicago, Illinois 60606rolson@giplg.comDirect: 312.241.1503Cell: 312.343.4103