Last week provided me with a special opportunity to address the global IP team of a Fortune 500 multinational telecommunications company at their bi-annual strategic planning meeting. I was scheduled for the post lunch address in the middle of the four day event that had more than two hundred company participants, Chaired by the company CIPO. My invitation was to share Ocean Tomo's long-range view of the IP marketplace extending to 2020 and beyond.
The semiconductor industry is unique in that its scope stretches across numerous market applications (e.g., automotive, computing, consumer electronics, industrial, wireless communications). Much of the growth in semiconductors can be attributed to the increasing demand in the device technology sectors (e.g., computers, tablets, smartphones). Due to this relationship, the semiconductor industry has become much more cyclical.1 As a result, semiconductor manufacturers have become increasingly wary of R&D spending.
At the Licensing Executives Society (LES) Annual Meeting this morning in San Francisco, Ocean Tomo CEO Jim Malackowski and Ocean Tomo Managing Director James Trueman announced Ocean Tomo’s next generation intellectual property auction platform.
Yesterday Ocean Tomo CEO James E. Malackowski participated on a panel at the 3D Printing Politics conference in Washington, DC. An event where Peter Harter, a lobbyist with deep experience in intellectual property spanning Netscape, EMusic and Intellectual Ventures, assembled a remarkable group of senior business and government thought leaders in the 3D printing industry including:
On September 16, 2011, President Barack Obama signed the Leahy-Smith America Invents Act (AIA). This act resembles the Patent Reform Act of 2009, which died in the Senate, and marked the first major change to the U.S. patent system since 1952. Notably, the AIA implemented the “first inventor-to-file” system. Effective as of March 16, 2013, the U.S. patent system was switched from a “first-to-invent” to a “first inventor-to-file” patent system. This system harmonizes the U.S.
The global landscape of intellectual property (IP) is highly complex and difficult to navigate. The ability of IP holders to obtain, retain, exploit, and enforce their IP rights can vary substantially from one country to another. The quality of a country’s IP environment is measured both by the existence of relevant IP policy and regulation and the successful application of that policy or regulation. With some exceptions, the majority of high-GDP countries have strong national IP regimes in place.
Individuals and companies are interested in the value of intellectual property (“IP”) for a variety of purposes, such as sale/license transactions, raising capital, company valuation, litigation, internal IP management, and financial reporting, to name a few. The value of IP depends upon several factors including how it will be utilized, the time required to generate returns, the magnitude of those returns, and the risks involved.
Over the past five years, the intellectual property market has undergone significant transformation. A myriad of legal, business, and political changes witnessed by all of us have presented both new challenges and opportunities. In my new position as Managing Director of Transactions for Ocean Tomo, I find myself surrounded by colleagues each with a cutting edge, and in some ways, proprietary understanding of intellectual property assets.
As the value of corporations continues to shift from tangible assets to intangibles such as patents, copyrights, trademarks and customer contracts, an increasing number of bankruptcies and corporate restructurings involve intellectual property (IP) matters. Due to this increase in disputes related to IP rights and value, the potential risk exposure for all creditors of improper or delayed perfection of security interests in intangible assets has increased in tandem.
Michael Friedman, Managing Director of our Investments practice will be speaking at the IP Monetization Conference on May 15, 2014 in Plano, Texas. The conference will focus on practical ways in which the law and government policies affect monetization.