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Written by Alex Butler

Patent Metrics: Patent Benchmarks to Transform Your Organization

As we approach annual performance reviews and strategic planning milestones, we invariably focus upon management systems and metrics.

One of the most important themes that we observe in R&D and patent departments is that leading organizations are shifting from measures of patent “throughput” to measures of patent quality.

How often do you hear the phrase “if we cannot measure it we cannot manage it”?  Or, think about how your organizations (or your clients) consider IP issues too late in their processes?

Is it perhaps that we fall into the trap of experts seeking a fundamental answer (I.E., is this patent valid and infringed) while the better question is to find directional indicators and measurements that support focused review, collaborative inquiry, and the advantage of unique insights and perspectives into broader business processes and decisions. 

Patent Due Diligence: Strategic Patents & Acquired Liability in M&A

In an earlier post, Patent Due Diligence in Mergers & Acquisition Transactions-Overview, we discussed the top level patent due diligence issues that should be considered by a multi-function Due Diligence Team in the acquisition of a "Target Company." We identified four major areas of patent due diligence:

  • Ownership and Control of Target Company Intellectual Property
  • The Structure of the Proposed Transaction
  • Identify Strategic Value of the Target Company’s IP
  • Target (and Acquiring) Company Exposure to Liability from Intellectual Property of Others

In the second article in this series, M&A Patent Due Diligence: Ownership and Control of Patent Assets, we dug into the details of due diligence relating to the ownership and control of intellectual property. In this current article we discuss the last three topics.

M&A Patent Due Diligence: Ownership and Control of Patent Assets

In an earlier post we discussed the top level patent due diligence issues that should be considered in the acquisition of a “Target Company”.   We emphasized the importance of assembling a multi-function Due Diligence Team, including financial, marketing and technical experts in addition to legal experts, in order to achieve the goal of Identifying and Allocating the IP-Related Risks.

Patent Maps of Paul Allen's Interval Research Lawsuit Patents

The Wall Street Journal reported on December 13, 2010 that U.S. District Judge Marsha Pechman in Seattle dismissed Paul Allen's patent lawsuit against many of the leading companies in Silicon Valley including Google, Apple, Facebook and Yahoo.  Judge Pechman dismissed the complaint for not describing its allegations specifically enough.   Paul Allen has until December 28 to amend the complaint.

Written by Alex Butler

Patent Due Diligence in Mergers & Acquisition Transactions-Overview

Wall Street Journal recently reported on Federal Reserve data showing that at the end of September 2010 non-financial companies in the U.S. were sitting on $1.93 trillion in cash and other liquid assets representing 7.4% of the companies' total assets—the largest share since 1959.

Patent Litigation Risk Continues to Increase - Gain Control

A recent Wall Street Journal article discussed the recent multi-year increase in patent infringement lawsuits and corporate risk. Although this trend is most prevalent in the high-technology sector, economic and strategic realities are forcing corporate and outside counsel to find new methods to control the time and expense allocated to patent risk management.

Written by Alex Butler

M&A UPTURN: High-Quality IP Informs Strategic Investments & Acquisition Programs

As cash continues to accumulate on corporate balance sheets, pressures are rising to increase returns.  Given the correlation between high-quality IP holdings and successful exit from venture capital funds, learn how leading strategy practitioners, investors, and business development functions gain from including patent portfolio analytics in their tool-kit.

YEAR-END PLANNING: Bring SMART IP objectives into your organization

In recent years, the use of S.M.A.R.T. objectives has moved from the domain of project management into corporate performance and personal development. S.M.A.R.T. criteria and objectives are built upon a sound foundation and provide corporate managers and leaders with actionable criteria to identify and craft personal performance objectives and to set and measure progress towards strategic goals and tactical milestones. 

$7.7 billion update to Patent Perspectives Report

Intel (INTC) announced early on Thursday, August 19th, that is purchasing security firm McAfee (MFE) for $7.68 billion in a cash transaction.

This represents a 60% premium to McAfee's closing share price on August 18th and fundamentally changes the information security landscape.

Written by Alex Butler

Patent Litigation: Google Android Claimed to Infringe Java Patents

On August 12, 2010, Oracle America, Inc. (Oracle) filed suit against Google, Inc. in the Northern District of California claiming that Google's Android operating system infringes 7 "Java" patents owned by Oracle America, a subsidiary of Oracle Corporation.   These Java patents are owned by Sun Microsystems which was acquired by Oracle in January 2010.