From Assets to Profits Competing for IP Value and Return

by Berman, Bruce

• ISBN13: 9780470225387
• ISBN10: 0470225386
• Edition: 2nd
• Format: Hardcover
• Copyright: 2008-10-20
• Publisher: Wiley

Summary

Edited by IP communications expert Bruce Berman, and with contributions from the top names in IP management, investment and consulting, From Assets to Profits: Competing for IP Value and Return provides a real-world look at patents, copyrights, and trademarks, how intellectual property assets work and the subtle and not-so-subtle ways in which they are used for competitive advantage. Authoritative and insightful, From Assets to Profits reveals the most relevant ways to generate return on innovation, with advice and essential guidance from battle tested IP pros.

Author Biography

Bruce Berman is CEO of Brody Berman Associates, Inc. in New York, the leading communications and consulting firm for intellectual property holders and managers. He has played a significant role in IP-related transactions and litigation and has helped to positively position billions of dollars in intellectual assets. His previous books include Making Innovation Pay and From Ideas to Assets, both highly acclaimed anthologies published by Wiley.

Table of Contents

About the Editor	p. xix
Introduction	p. xxi
IP Business Models	p. 1
Out of Alignment-Getting IP and Business Strategies Back in Sync	p. 3
Perspective	p. 3
The CEO's Dilema	p. 4
The Emergence of Patent Trolls and Their Impact on IP Licensing	p. 7
In A Changing IP and Business Environment, What is the Correct IP Strategy?	p. 8
The Need to Tie Intellectual Property Strategy to Overall Business Strategy	p. 10
Using the Company's Intellectual Property to Improve Business Performance	p. 13
Not Magic-Just Hard Work	p. 16
Evolution of the Technology Firm: IP Rights and the Business of Licensing	p. 19
Perspective	p. 19
Introduction	p. 20
The Past: The Integrated Industrial Economy	p. 21
The Present: The Disaggregated Modern Economy	p. 24
The Future? The Interrelated "Open" Economy	p. 36
Conclusion	p. 41
Reengineering the IP Ecosystem	p. 45
Perspective	p. 45
Strategy Before Tactics	p. 46
Ecosystem Reengineering-What Is It?	p. 47
Profit Pool Positioning: "Show Me the Money"	p. 47
Advantaged Networks; "Whom Do I Want to Play With?"	p. 50
Collaborative Innovation: "How to Avoid Looking Over Your R&D Shoulder"	p. 54
IP Investing: Catalyst for Return or Recipe for Pain?	p. 57
Perspective	p. 57
Agreeing to Disagree	p. 58
IP Comes in Many Shapes and Sizes, So Does IP Value	p. 61
Fewer than 5% of Patents Are Assets	p. 63
Diverse Patent Holder Motives and Expectations	p. 68
IP in Context: Toward a Broader Interpretation of ROIP	p. 72
The CEO Challenge: Recognizing and Maximizing IP Assets	p. 75
Making Sense of Recent Trends, Court Decisions, and Attempts at Patent Reform	p. 81
Perspective	p. 81
Too Much Litigation, Too Many Big Awards	p. 82
Patent Competition	p. 82
Myths Fostered by Those Claiming the Patent System Must Change	p. 85
Emerging New IP-Based Business Models	p. 86
Recent Supreme Court Decisions' Impact on Business	p. 93
Patent Reform Legislation	p. 93
Conclusions	p. 98
IP Performance	p. 103
Patent Valuation Contexts: Navigating Murky Waters	p. 105
Perspective	p. 105
Sounding the Shoals, Plumbing the Depths	p. 106
Valuation Techniques	p. 108
Sources of Value	p. 113
Practical Application	p. 121
Measuring and Conveying IP Value in the Global Enterprise	p. 125
Perspective	p. 125
Introduction	p. 126
Strategic Intent of IP-A Changing Role	p. 127
Structuring for Success-It Sounds Good but How Do You Get Everyone on Board?	p. 129
Leveraging IP for Increased Value-but What Kind of Value?	p. 130
IP Cash/Value-Who Gets the Benefit?	p. 132
Revenue Recognition-So You Get the Cash, but Can You Count It?	p. 132
Specific Business Models-What Are Reasonable Financial Goals?	p. 135
Tradeoffs-Setting the Goals and Measures of Success	p. 137
Summary	p. 139
Strategic Patents and Return On Investment	p. 141
Perspective	p. 141
With Patents, Cash is Not Necessarily King	p. 142
Valuing a Patent versus Valuing a Technology	p. 142
Strategic Use of Patent Portfolios	p. 149
Is R&D Solely for the Purpose of Generating Patents a Sustainable Business Model?	p. 151
Thinking Strategically about Patents	p. 152
How Does a Firm Know if Its Patent Strategy Is Successful?	p. 157
Patent Litigation: The Changing Economics of Risk &s& Return	p. 161
Perspective	p. 161
The Only Constant is Change	p. 162
The Rules of the Game Have Changed	p. 163
The Rules May Change More	p. 164
Risk/Reward Analysis	p. 165
Patent Litigation Is More Expensive	p. 165
Risk/Reward from The Patent Owner's Perspective	p. 166
Risk/Reward Analysis from The Alleged Infringer's Perspective	p. 169
Other Factors that All Parties Need to Consider	p. 170
A Report from The Trenches	p. 171
Conclusion	p. 173
Making Reputation Pay: Intellectual Assets' Impact on Shareholder Value	p. 175
Perspective	p. 175
The Reemergence of Reputation	p. 176
Intellectual Property as a Global Differentiator	p. 179
Intangibly Denominated Objectives	p. 180
Refining Techniques for Quantifying Reputation	p. 181
Keeping Brand Promises	p. 183
New Measurement Rigor	p. 184
Making Informed Decisions	p. 188
IP Transactions	p. 191
IP Asset Sales, Still A Work in Progress	p. 193
Perspective	p. 193
From Technology Transfer to Title Transfer	p. 194
A Tradition of Patent Licensing	p. 196
Emergence of New IP Marketplaces	p. 197
IP Assets: Tomorrow's Currency	p. 203
Conclusion	p. 211
The Evolving Role of IP in M&A: From Deal-Breaker to Deal-Maker	p. 215
Perspective	p. 215
Not Just a Bundle of Rights	p. 216
First Generation M&A Mindset: IP as a Deal-Breaker	p. 217
Second Generation M&A Mindset-Seeing IP as a Deal Driver	p. 221
Remaining Impediments to Fully integrating IP Value Analysis into M&A Transactions-And Possible Solutions	p. 223
The Role of the CIPO in Early-Stage M&A Activity	p. 226
The Role of the IP Investment Banker in Extracting Maximum Value from Transactions	p. 227
Conclusion	p. 231
Patents-as-Hedge: Wall Street's Emerging Monetization Model	p. 233
Perspective	p. 233
Valuing Risk Management	p. 234
Attributes of Patents Wall Street Seeks to Procure	p. 238
Innovation for Consortia and Joint Ventures in Market Structures	p. 244
Role of Patents in Market Structure Joint Ventures	p. 249
Patent Valuation and Implications for Use of Patents Moving Forward	p. 250
Financing IP Assets-What Lenders and Investors are Missing	p. 255
Perspective	p. 255
Financial Capital Available to IP Holders	p. 256
Putting the Subprime Credit Crisis into an IP Perspective	p. 257
IP Finance	p. 261
IP Finance Landscape	p. 266
Conclusion	p. 271
Assets, Property and Capital in a Globalized Intellectual Value Chain	p. 275
Perspective	p. 275
(Re)defining Intellectual Assets, Property, and Capital	p. 276
The Transformation of Industry to Knowledge-Based Business	p. 280
Knowledge-Based Business Models	p. 283
The Road Ahead	p. 290
Index	p. 293
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