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The information generated from this analysis is especially Successfully created claim charts areĭelivered to the buying company, to be used for informational or valuationįor companies looking to purchase a patent portfolio as an investment vehicle for future sales, the analysis stage isĮspecially important because it provides an in-depth qualitative analysis of Identified patents pass this detailed analysis, the Broker will research andĪttempt claim charts, a visual illustration outlining how a particular company Meet the acquisition objectives provided by the buying company. Portfolio is further analyzed to determine how many of the patents actually Stage 4 - Analyzing the Assignee’ s Portfolioĭuring this stage, the potential Assignee’s Is normal for the buyer’s identity to remain confidential in order toįacilitate negotiations and reduce any preconceived notions about the financial During the infancy of the approach stage, it Typically, between 3 and 10 companies willīe approached at any one time in an effort to focus acquisition efforts and Initial approach, the Broker is also tasked with assessing the valueĮxpectations held by the Assignees. Instead, a Patent Broker acting on behalf of the buying company is tasked with approaching theĪssignees to gauge their interest in divesting their patents. Often, the target portfolios identified will notīe listed for sale. Prioritizing Assignees based on the unique needs of the purchasing company. List of the potential Assignees located in both groups, with an emphasis on The final step in Stage 2 is to create a tiered In 2009, Nortel Networks was able to emerge from bankruptcy proceedings onlyĪfter it auctioned patent portfolios held by the company for a total of $4.5īillion to Apple, Sony, and Microsoft, among others. Ultimately acquired by the likes of Apple, Samsung, Google, Amazon, HTC,įacebook, Huawei, for an aggregate sum of approximately $600 million. The sale, Kodak’s patents, which were valued between $2-3 billion, were Due to the widely publicized,ĭesperate circumstances surrounding Kodak’s business operations at the time of Sale” effort to avoid bankruptcy proceedings. Kodak Corporation, who was forced to sell more than 2,000 patents in a “fire One noteworthy example of the latter group is the Portfolios of 500 or more patents, (and who often times have more sophisticated Third group includes the remaining Assignees which own considerably large The second groupĬonsists of Assignees with mid-size portfolios ranging from 50-500 patents. Small portfolios, with somewhere between 5 and 50 patents. The first group of Assignees are those which own
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The results can then be sorted into three Wider net from which relevant patents can be identified for purchase and An iterative search is the preferred method, as it casts a
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Which markets the company anticipates future expansion.īefore commencing the search, it is necessary toĭevelop relevant keywords to perform a comprehensive patent search using a It conducts business, whether it adheres to any specific business model, and to Research into the company is important to understand how Technologies should be prioritized for patent acquisition. During thisĪnalysis, special attention is placed on identifying key technology overlapsĪcross the target portfolios in order to maximize the value of the acquisition.ĭepending on the specific needs of the purchasing company, the target Product and service offered by the Assignee, or patent holder. Necessary to analyze and break down the key technology components for each These target companies will primarily be competitors of the purchasingĬompany, from whom the company seeks protection against possible infringement, Technologies, as well as significant products offered within the desired market This process requires identifying target companies or target Once a company has decided to acquire a patent portfolio, the first step is locating and selecting a relevant portfolio to Guide provides a step-by-step discussion of each stage of the process. There are many reasons a company may want to procure portfolios, the following Generate significant profit, and facilitate innovation for decades. Utilizing a patent brokerage to tactically acquire patent portfolios may Or protect the company from possible infringement claims down the road, Whether purchased to generate revenue, facilitate expansion into new markets, Portfolio can positively affect a company’s bottom line in a variety of ways. The strategic acquisition of a patent or patent