In a September 2014 blog, I wrote that all traction on patent reform stalled on May 21, 2014 when Senator Patrick Leahy (D-VT), chairman of the U.S. Senate Judiciary Committee, officially removed the patent reform bill from the committee’s agenda. The inability to reach an “agreement on how to combat the scourge of patent trolls […]
Ocean Tomo Valuation
Patent Transactions – A Changing Marketplace
For more than a decade, transactions of patent assets have been characterized by declining pricing trends on a per asset basis, and this downward pressure on price continues today. Data collected by ThinkFire on patent transactions that took place between 2002 and 2008 reveals a higher median but a lower average cost per patent family […]
IP-Backed Financing on the Rise
Intellectual property (“IP”) may not be thought of as the most obvious asset used as collateral in security-backed financing, but it has existed since the late 19th century. Famously, Thomas Edison used his patent on the electric light bulb to secure financing to start General Electric. Traditional asset-backed lending is meant to provide businesses with […]
Semiconductors
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 […]
Patent Reform
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, […]
Intellectual Property Valuation in the Context of a Global Economy
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 […]
Intellectual Property Valuation: Early-Stage Technology
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 […]
Intellectual Property (IP) Valuation in Bankruptcy: Perfection of Security Interests in IP
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 […]