Ocean Tomo, a part of J.S. Held, Senior Director Eric Carnick recently spoke on the topic of Intellectual Property Valuation during a panel at the 2022 Licensing Executives Society (U.S.A. and Canada), Inc. Annual Meeting in San Francisco. The panel, entitled “Beauty (or Value) is in the Eye of the Beholder” sought to explore how different types of intellectual property (IP) practitioners assess the question of value in their work.
In addition to Mr. Carnick, an expert in the quantification of economic damages arising from IP disputes, the panel was made up of three other professionals:
- Curtis Cherrington, an in-house licensing expert who has worked for well-known companies like Disney and Electronic Arts (“EA”). Mr. Cherrington engaged with some of the largest IP portfolios in the gaming industry, including Madden NFL football and EA Sports FIFA soccer videogames.
- Mr. Joseph Casino is the leader of Wiggin and Dana’s IP Practice Group, advising clients on patent office disputes, complex licensing, patent monetization, patent portfolio development, and worldwide IP strategic matters.
- Mitch Rosenfeld, an IP advisory and transactions specialist who has transacted hundreds of millions of dollars in IP assets.
The panel opened by recognizing why 400+ licensing professionals had come together for the annual meeting – intangible assets are more critical than ever, now making up more than 90% of market value for companies listed on the S&P 500. The panelists offered their views on:
- How context specific factors drive the value of IP;
- The types of data relied upon to value IP;
- How risk is factored into IP related valuations and deals;
- Bridging the gap between opposing parties’ estimates of value;
- Trends in IP valuation and monetization and changes resulting from the Pandemic.
Different types of IP practitioners may have different perspectives on value. A key takeaway from the panel was the understanding that different perspectives – i.e., technical, legal, financial, and market specific knowledge and information – are necessary to form a sound and reasonable assessment of value.
By understanding different perspectives on value, IP practitioners can be better prepared for a wide variety of monetization opportunities including licensing negotiations, strategic partnerships, venture capital opportunities, the sale of IP assets, and more.
Eric Carnick is a Senior Director in the Intellectual Properties Disputes Financial Expert Testimony practice, working from the Chicago headquarters of Ocean Tomo, a part of J.S. Held. The Expert Services practice area quantifies economic damages arising from intellectual property disputes and provides general litigation support. Mr. Carnick serves as the Secretary of the Valuation and Pricing Committee for LES USA/Canada.
To explore this topic and how it could impact your business, please contact Eric Carnick at [email protected] or +1 312 377 4860.