Patent Royalty Trust™ Program

Ocean Tomo has developed the Patent Royalty Trust program to identify, quantify, mitigate, manage, and transfer liability risks related to potential assertions of patent infringement. Through various novel mechanisms, the program aims to sharply reduce the risks faced by operating companies from patent infringement claims and shareholder litigation.

Unlike current patent infringement-related products, which address patent risks in a serial fashion (simply one patent at a time), the Patent Royalty Trust program is the first and only comprehensive risk management solution available. Meant to counter potential claimants and improve upon today’s inadequate patent infringement insurance products, the Trust is an innovative and dramatically more complete, efficient and effective insurance solution.

Benefits for clients include:

• Improved matching of revenues and costs through recognition of potential liabilities
• Enhanced profitability forecasts that decrease potential variances between actual and expected performance
• Company shareholders are benefited by the substantial processes and control elements provided by a standard risk management program
• Documentation during the underwriting process, reducing the likelihood of an excessive patent infringement damages award
• Transferred risk of incurring excessive liabilities related to patent infringement assertions
• Deterrence of “patent trolls” considering litigation

License Compliance

Ocean Tomo’s License Compliance is aimed at improving client revenue streams related to licensing arrangements. During resource allocation, organizations often overlook the importance of monitoring compliance with contractual arrangements; understated revenues linked to licensing arrangements are frequently missed, and license management – the controls and procedures necessary to facilitate accurate royalty reporting – is all but neglected. These disregarded mechanisms are nonetheless vital for both increasing returns on research and design and for enhancing an organization’s shareholder value.

Ocean Tomo License Compliance allows clients to harness the power of their intellectual property by securing compliance with licensing and other business arrangements, and by creating procedures to manage revenue payments and attract additional licenses. The program encompasses a complete package of strategic license portfolio monitoring and auditing.

Services Provided

• Processing of royalty remittance
• Monitoring compliance with fiscal obligations of license agreements
• Assessment of historical license fiscal compliance and identification of audit opportunities
• Commission and finance independent, third party royalty audits
• Consultation on litigation and settlement of claims for underpaid or unpaid royalties
• Facilitation of additional licensing opportunities through a strategic partnership with ICAP Ocean Tomo, LLC
• Identification of likely potential licensees, utilizing proprietary analytical tools and the Ocean Tomo Ratings™ system

Benefits

• Maximization of return on investment from licensing of intellectual property
• Near-term and ongoing positive impact on financial performance
• Improved internal focus on core competencies and strategic opportunities
• Enhanced processes and controls to mitigate risk of negligence or breach of fiduciary duty claims
• Ensured compliance with internal audit guidelines
• Zero fixed expenditures or initial cash outlays

Corporate Recovery and Restructuring Advisory

Drawing professionals from each of its business units, Ocean Tomo’s Corporate Recovery and Restructuring Advisory (CRRA) division combines industry-leading IP market expertise with decades of traditional financial restructuring experience. The division serves corporations, financial institutions, and investment managers impacted by credit and economic crises. Ocean Tomo also works closely with a limited number of traditional financial restructuring firms to present joint solutions.

CRRA helps companies:

• Appropriately reduce operational costs
• Further competitive market position
• Raise short term capital
• Identify incremental long term revenue streams