Introduction
Part One: IP Business Models
Chapter 1: Out of Alignment —Getting IP and Business Strategies Back in Sync
Perspective; The CEO’s Dilema; The Emergence of Patent Trolls and Their Impact on IP Licensing; In A Changing IP and Business Environment, What is the Correct IP Strategy?; The Need to Tie Intellectual Property Strategy to Overall Business Strategy; Using the Company’s Intellectual Property to Improve Business Performance; Not Magic —Just Hard Work
Chapter 2: Evolution of the Technology Firm: IP Rights and the Business of Licensing – Perspective; Introduction; The Past: The Integrated Industrial Economy; The Present: The Disaggregated Modern Economy; The Future? The Interrelated “Open” Economy; Conclusion
Chapter 3: Reengineering the IP Ecosystem – Perspective; Strategy Before Tactics; Ecosystem Reengineering—What Is It?; Profit Pool Positioning: “Show Me the Money”; Advantaged Networks: “Whom Do I Want to Play With?”; Collaborative Innovation: “How to Avoid Looking Over Your R&D Shoulder”
Chapter 4: IP Investing: Catalyst for Return or Recipe for Pain? – Perspective; Agreeing to Disagree; IP Comes in Many Shapes and Sizes, So Does IP Value; Fewer than 5% of Patents Are Assets; Diverse Patent Holder Motives and Expectations; IP in Context: Toward a Broader Interpretation of ROIP; The CEO Challenge: Recognizing and Maximizing IP Assets
Chapter 5: Making Sense of Recent Trends, Court Decisions, and Attempts at Patent Reform – Perspective; Too Much Litigation, Too Many Big Awards; Patent Competition; Myths Fostered by Those Claiming the Patent System Must Change; Emerging New IP-Based Business Models; Recent Supreme Court Decisions’ Impact on Business; Patent Reform Legislation; Conclusions
Part Two: IP Performance
Chapter 6: Patent Valuation Contexts: Navigating Murky Waters – Perspective; Sounding the Shoals, Plumbing the Depths; Valuation Techniques; Sources of Value; Practical Application
Chapter 7: Measuring and Conveying IP Value in the Global Enterprise – Perspective; Introduction; Strategic Intent of IP—A Changing Role; Structuring for Success—It Sounds Good but How Do You Get Everyone on Board?; Leveraging IP for Increased Value—but What Kind of Value?; IP Cash/Value—Who Gets the Benefit?; Revenue Recognition—So You Get the Cash, but Can You Count It?; Specific Business Models—What Are Reasonable Financial Goals?; Tradeoffs—Setting the Goals and Measures of Success; Summary
Chapter 8: Strategic Patents and Return On Investment – Perspective; With Patents, Cash is Not Necessarily King; Valuing a Patent versus Valuing a Technology; Strategic Use of Patent Portfolios; Is R&D Solely for the Purpose of Generating Patents a Sustainable Business Model?; Thinking Strategically about Patents; How Does a Firm Know if Its Patent Strategy Is Successful?
Chapter 9: Patent Litigation: The Changing Economics of Risk & Return – Perspective; The Only Constant is Change; The Rules of the Game Have Changed; The Rules May Change More; Risk/Reward Analysis; Patent Litigation Is More Expensive; Risk/Reward from The Patent Owner’s Perspective; Risk/Reward Analysis from The Alleged Infringer’s Perspective; Other Factors that All Parties Need to Consider; A Report from The Trenches; Conclusion
Chapter 10: Making Reputation Pay: Intellectual Assets’ Impact on Shareholder Value
Perspective; The Reemergence of Reputation; Intellectual Property as a Global Differentiator; Intangibly Denominated Objectives; Refining Techniques for Quantifying Reputation; Keeping Brand Promises; New Measurement Rigor; Making Informed Decisions
Part Three IP Transactions
Chapter 11: IP Asset Sales, Still A Work in Progress – Perspective; From Technology Transfer to Title Transfer; A Tradition of Patent Licensing; Emergence of New IP Marketplaces; IP Assets: Tomorrow’s Currency; Conclusion
Chapter 12: The Evolving Role of IP in M&A: From Deal-Breaker to Deal-Maker – Perspective; Not Just a Bundle of Rights; First Generation M&A Mindset: IP as a Deal-Breaker; Second Generation M&A Mindset—Seeing IP as a Deal Driver; Remaining Impediments to Fully integrating IP Value Analysis into M&A Transactions—And Possible Solutions; The Role of the CIPO in Early-Stage M&A Activity; The Role of the IP Investment Banker in Extracting Maximum Value from Transactions; Conclusion
Chapter 13: Patents-as-Hedge: Wall Street’s Emerging Monetization Model
Perspective; Valuing Risk Management; Attributes of Patents Wall Street Seeks to Procure; Innovation for Consortia and Joint Ventures in Market Structures; Role of Patents in Market Structure Joint Ventures; Patent Valuation and Implications for Use of Patents Moving Forward
Chapter 14 Financing IP Assets—What Lenders and Investors are Missing
Perspective; Financial Capital Available to IP Holders; Putting the Subprime Credit Crisis into an; IP Perspective; IP Finance; IP Finance Landscape; Conclusion
Chapter 15 Assets, Property and Capital in a Globalized Intellectual Value Chain
Perspective; (Re)defining Intellectual Assets, Property, and Capital; The Transformation of Industry to Knowledge- Based Business; Knowledge-Based Business Models;The Road Ahead
Index