For a time, IP monetization was a very hot game. Many institutions sought to travel the path IBM blazed and turn their patents into an annual rivers of gold. Firms (“non-practicing entities”) arose solely to acquire and monetize patents, giving rise to the term “patent troll.”
The game has changed a lot over the last few years. Court decisions limited the application of treble damages in patent cases and changed the rules for evaluating patent validity. Operating firms banded together to acquire valuable patent portfolios for defensive purposes. Google purchased Motorola in large part for its patent portfolio.
With these changes, it is ever more important to understand the risk and uncertainty in your IP strategy, and to consider all the potential sources of value in creating it.
We can help. We’ve assisted in patent cases in which the potential liabilities were in the billions of dollars, and with helping operating companies create defensive strategies. We’ve also helped companies understand the IP risks and potential with promising new products being rolled out.
If your IP action is more in the copyright arena, we’ve worked with largest licensing disputes and with creating licensing deals.
Whatever types of IP are most important in your business (patents, copyright, trademark, trade secrets, design, or even the right to publicity), we can help you create, value, and implement strategies well calculated to maximize their value.