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From Assets to Profits
Competing for IP Value and Return
Bruce Berman (Author)
9780470225387, Wiley
Hardback, published 7 November 2008
320 pages
23.6 x 16.3 x 2.8 cm, 0.558 kg
"From Assets to Profits is the latest offering from the fertile and enthusiastic brain of Bruce Berman…Bruce--who has both edited and contributed to this volume--need little introduction or explanation in his field of expertise." (Ipfinance.blogspot, February 9th, 2009) "…the book provides a detailed look at how IP assets work and what professionals need to know about them to succeed in today's competitive business environment." (ipreview.com, 2008) "This book looks at how intellectual property assets work, what professionals need to know about them-and how recent developments are forcing businesses to re-examine their approach to innovation and performance." (Inventique, December 2008)
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.
About the Editor xix Introduction xxi Part one IP Business Models 1 Chapter 1 Out of Alignment —Getting IP and Business Strategies Back in Sync 3 Perspective 3 The CEO’s Dilema 4 The Emergence of Patent Trolls and Their Impact on IP Licensing 7 In A Changing IP and Business Environment, What is the Correct IP Strategy? 8 The Need to Tie Intellectual Property Strategy to Overall Business Strategy 10 Using the Company’s Intellectual Property to Improve Business Performance 13 Not Magic —Just Hard Work 16 Chapter 2 Evolution of the Technology Firm: IP Rights and the Business of Licensing 19 Perspective 19 Introduction 20 The Past: The Integrated Industrial Economy 21 The Present: The Disaggregated Modern Economy 24 The Future? The Interrelated “Open” Economy 36 Conclusion 41 Chapter 3 Reengineering the IP Ecosystem 45 Perspective 45 Strategy Before Tactics 46 Ecosystem Reengineering—What Is It? 47 Profit Pool Positioning: “Show Me the Money” 47 Advantaged Networks: “Whom Do I Want to Play With?” 50 Collaborative Innovation: “How to Avoid Looking Over Your R&D Shoulder” 54 Chapter 4 IP Investing: Catalyst for Return or Recipe for Pain? 57 Perspective 57 Agreeing to Disagree 58 IP Comes in Many Shapes and Sizes, So Does IP Value 61 Fewer than 5% of Patents Are Assets 63 Diverse Patent Holder Motives and Expectations 68 IP in Context: Toward a Broader Interpretation of ROIP 72 The CEO Challenge: Recognizing and Maximizing IP Assets 75 Chapter 5 Making Sense of Recent Trends, Court Decisions, and Attempts at Patent Reform 81 Perspective 81 Too Much Litigation, Too Many Big Awards 82 Patent Competition 82 Myths Fostered by Those Claiming the Patent System Must Change 85 Emerging New IP-Based Business Models 86 Recent Supreme Court Decisions’ Impact on Business 93 Patent Reform Legislation 93 Conclusions 98 Part two IP Performance 103 Chapter 6 Patent Valuation Contexts: Navigating Murky Waters 105 Perspective 105 Sounding the Shoals, Plumbing the Depths 106 Valuation Techniques 108 Sources of Value 113 Practical Application 121 Chapter 7 Measuring and Conveying IP Value in the Global Enterprise 125 Perspective 125 Introduction 126 Strategic Intent of IP—A Changing Role 127 Structuring for Success—It Sounds Good but How Do You Get Everyone on Board? 129 Leveraging IP for Increased Value—but What Kind of Value? 130 IP Cash/Value—Who Gets the Benefit? 132 Revenue Recognition—So You Get the Cash, but Can You Count It? 132 Specific Business Models—What Are Reasonable Financial Goals? 135 Tradeoffs—Setting the Goals and Measures of Success 137 Summary 139 Chapter 8 Strategic Patents and Return On Investment 141 Perspective 141 With Patents, Cash is Not Necessarily King 142 Valuing a Patent versus Valuing a Technology 142 Strategic Use of Patent Portfolios 149 Is R&D Solely for the Purpose of Generating Patents a Sustainable Business Model? 151 Thinking Strategically about Patents 152 How Does a Firm Know if Its Patent Strategy Is Successful? 157 Chapter 9 Patent Litigation: The Changing Economics of Risk & Return 161 Perspective 161 The Only Constant is Change 162 The Rules of the Game Have Changed 163 The Rules May Change More 164 Risk/Reward Analysis 165 Patent Litigation Is More Expensive 165 Risk/Reward from The Patent Owner’s Perspective 166 Risk/Reward Analysis from The Alleged Infringer’s Perspective 169 Other Factors that All Parties Need to Consider 170 A Report from The Trenches 171 Conclusion 173 Chapter 10 Making Reputation Pay: Intellectual Assets’ Impact on Shareholder Value 175 Perspective 175 The Reemergence of Reputation 176 Intellectual Property as a Global Differentiator 179 Intangibly Denominated Objectives 180 Refining Techniques for Quantifying Reputation 181 Keeping Brand Promises 183 New Measurement Rigor 184 Making Informed Decisions 188 Part three IP Transactions 191 Chapter 11 IP Asset Sales, Still A Work in Progress 193 Perspective 193 From Technology Transfer to Title Transfer 194 A Tradition of Patent Licensing 196 Emergence of New IP Marketplaces 197 IP Assets: Tomorrow’s Currency 203 Conclusion 211 Chapter 12 The Evolving Role of IP in M&A: From Deal-Breaker to Deal-Maker 215 Perspective 215 Not Just a Bundle of Rights 216 First Generation M&A Mindset: IP as a Deal-Breaker 217 Second Generation M&A Mindset—Seeing IP as a Deal Driver 221 Remaining Impediments to Fully integrating IP Value Analysis into M&A Transactions—And Possible Solutions 223 The Role of the CIPO in Early-Stage M&A Activity 226 The Role of the IP Investment Banker in Extracting Maximum Value from Transactions 227 Conclusion 231 Chapter 13 Patents-as-Hedge: Wall Street’s Emerging Monetization Model 233 Perspective 233 Valuing Risk Management 234 Attributes of Patents Wall Street Seeks to Procure 238 Innovation for Consortia and Joint Ventures in Market Structures 244 Role of Patents in Market Structure Joint Ventures 249 Patent Valuation and Implications for Use of Patents Moving Forward 250 Chapter 14 Financing IP Assets—What Lenders and Investors are Missing 255 Perspective 255 Financial Capital Available to IP Holders 256 Putting the Subprime Credit Crisis into an 257 IP Perspective IP Finance 261 IP Finance Landscape 266 Conclusion 271 Chapter 15 Assets, Property and Capital in a Globalized Intellectual Value Chain 275 Perspective 275 (Re)defining Intellectual Assets, Property, and Capital 276 The Transformation of Industry to Knowledge- Based Business 280 Knowledge-Based Business Models 283 The Road Ahead 290 Index 293
By Dan McCurdy
By Bryan P. Lord
By Kevin Rivette
By Bruce Berman
By Irving Rappaport
By James D. Woods
By Joe Beyers
By Willy Shih
By Ronald J. Schutz
By Jonathan Low
By James E. Malackowski
By Ron Laurie
By John A. Squires
By Keith Bergelt
By Ulf Petrusson and Bowman J. Heiden
Subject Areas: Business & management [KJ]
