Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Generating Cash from a Patent Portfolio: An Overview
We have all seen the statistics:
- About two-thirds of today's S&P 500 market capitalization comes from intangible assets, having doubled in proportion from 20 years ago.
- More than $100 billion is collected annually in IP licensing income.
- More than $200 billion is written off every year from IP impairments.
- More than $300 billion in infringement (mostly innocent) occurs annually.
Today most professionals realize that the increasing value of intellectual property (IP) is a trend that will not be reversed. The accounting and reporting for intangibles is already catching up with the “real world,” most notably via Sarbanes-Oxley. More pertinent to this article is the fact that the financial services community is beginning to respond broadly with new products and services designed specifically to take advantage of this newly discovered wealth.
This is the first of a series of articles that will review various methods to generate cash from a patent portfolio. Only a flavor of each method is presented for this article; future articles will delve into the newer or more unique methods. It should be noted that the actual monetization of patents is often separate and distinct from the process of value creation ' the traditional focus of many IP professionals. Value creation comes in many stages, including invention, patenting, pooling, cross-licensing, and the methods discussed below. Cash is the ultimate byproduct, and, it is hoped, the ultimate goal of any economic effort, including patenting.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.