From Assets to Profits: Competing for IP Value and Return

Praise for From Assets to Profits Competing for IP Value & Return
"A timely collection of insights from a cast of leading experts whose experience spans the entire IP ecosystem. Mr. Berman′s examination of IP assets and business models—and their myriad dynamics and dependencies—provides a compass that leads readers through a changing landscape."
—Damon C. Matteo, Vice President & Chief Intellectual Property Officer, Palo Alto Research Center, a subsidiary of Xerox Corporation
"What is most impressive about Bruce Berman′s new book is that it provides a holistic approach to IP management. For most patent holders, IP needs to serve the business, not be it. As many of the contributors to From Assets to Profits point out, considerations such as relationships, alliances, and competitive advantage provide most companies greater ROI than the siren song associated with patent royalties. From Assets to Profits is a welcome addition to the best thinking about managing intellectual assets."
—Marshall Phelps, Corporate Vice President for IP Policy & Strategy, Microsoft
"From Assets to Profits provides a road map for helping IP holders move from an exclusionary strategy to a more inclusive one for creating meaningful profits. Bruce Berman′s valuable book helps readers step seamlessly into the shoes of an IP chieftain, investor, broker, open–network innovator, litigator, and economist."
—Bill Coughlin, President & CEO, Ford Global Technologies, LLC
"When it comes to articulating the value and importance of intellectual property, no one does it better than Bruce Berman. In his fourth book, From Assets to Profits, Berman continues this quest, demonstrating how to profit from IP with concrete examples and insights from the industry′s foremost experts. Like his previous books, this is a must–read for all business and finance executi ves. Berman′s books are as conceptually brilliant and as innovative as the people and content they cover."
—Steve Lozan, Investment Manager & IP Sector Specialist, Smith Barney

Spis treści:
Acknowledgments.
Introduction.
Chapter 1. Out Of Alignment–Getting IP And Business Strategies Back In Synch (Dan Mccurdy).
Perspective.
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. The Evolution Of The Technology Firm, IP Rights, And The Business Of Licensing (Bryan P. Lord).
Perspective.
Introduction.
The Past: The Integrated Industrial Economy.
The Nature Of The Technology Firm.
The Role Of Intellectual Property.
A Precursor To The Business Of Licensing.
The Present: The Disaggregated Modern Economy.
Transition From Industrial To Modern Economy.
The Nature Of The Technology Firm.
The Role Of Intellectual Property.
The Business Of Licensing.
The Future? The Interrelated “Open” Economy.
Transition From Modern To “Open” Economy.
The Nature Of The Technology Firm.
The Role Of Intellectual Property.
Implications For The Business Of Licensing.
Conclusion.
Chapter 3. Strategy Before Tactics: Re–Engineering The IP Ecosystem (Kevin Rivette).
Perspective.
Ecosystem Reengineering–What Is It?
Profit Pool Positioning: “Show Me The Money”.
Advantaged Networks: “Who 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 (Bruce Berman).
Perspective.
Many Shapes And Sizes.
Few Rights Are Assets.
Who Are IP Investors?
The True Value Of IP.
Where Is IP Investing Headed?
Chapter 5. Making Sense Of Recent Court Decisions and U.S. Patent Reform (Irving Rappapport and Bruce Berman).
Perspective.
Patent Competition (What Is It?; How Has It Changed? What Does It Mean For Business & Innovation?).
What Is Patent Competition?
How Has Patent Competition Changed?
“Dark Pools” Of Competitive Information.
What Patent Competition Means For Business And Innovation.
The Myths Fostered By Those Claiming The Patent System Needs Drastic Change.
Emerging New IP–Based Business Models.
Patent Search, Software And Analytic Services.
Buying And Selling Patents.
Licensing Patents.
Litigation Finance And Investment Firms.
IP Financial Firms.
Developing, Patenting And Enforcing Inventions (Dpeis).
IP Acquisition Aggregators.
Recent Supreme Court Decisions′ Impact On Business.
Patent Reform Legislation.
Patent Office Streamlining Initiatives.
Conclusions.
Chapter 6. Patent Valuation Methods And Contexts: Navigating Dangerous Waters (James E. Woods, Phd).
Perspective.
Valuation Techniques.
Quantifying Value.
Approaches To Valuation.
Synthesizing And Reconciling Values Derived From Alternative Approaches.
Other Patent Valuation Methods.
Sources Of Value.
Analytical Framework.
Use Of The Patented Technology.
License Patent Rights.
Strategically Restrict Competitors.
Other Sources.
Practical Application.
Chapter 7. Measuring And Conveying IP Value In The Global Enterprise (Joe Beyers).
Perspective.
Introduction.
Strategic Intent Of IP – Products/Services Only Or More?
Setting The Structure For Success – Sounds Good But How Do You Get Everyone On Board?
Leveraging IP For Increased Value –– But What Kind Of Value?
IP Cash/Valu e – Who Gets The Benefit?
Revenue Recognition – So You Get The Cash, But Can You Count It?
Specific Business Models– So What Are Reasonable Financial Goals?
Tradeoffs – So You Set The Goals, But Do You Always Want To Let Them Be Successful?
Summary.
Chapter 8. More Valuable Than Cash: Strategic Patents AND Return On Investment (Willy Shih).
Perspective.
Valuing A Patent Versus Valuing A Technology.
Categorizing Patent Valuation.
Protecting A Franchise By Excluding Others: Broad Scope, Sharp Delineation.
Protecting A Franchise By Excluding Others: Broad Scope, High Cumulativeness, First–Mover Advantage.
The Importance Of Time: Patent Lifetime And The Development Of Substitutes.
Strategic Use Of Patent Portfolios.
Attacking A Competitor Or Imposing A Structural Cost Differential.
Warding Off Attacks.
Is The Conduct Of R&D Solely For The Purpose Of Generating Patents A Sustainable Business Model?
Thinking Strategically About Patents.
Keep The Portfolio Current With Business Needs.
Maximize Coverage Of Key Detectable Art.
Supplement With Strategic Purchases.
Incorporate Patents Into Standards.
Be Willing To Litigate.
Many Firms Decrease Their IP Asset Leverage By Making A Short Term Cost Benefit Trade–Off: Avoiding “Drug Addiction”.
How Does A Firm Know If Its Patent Strategy Is Successful?
Chapter 9. The Changing Economics Of Patent Litigation: Assessing Risk & Return (Ronald J. Schutz).
Perspective.
The Rules Of The Game Have Changed.
The Rules Of The Game May Change More.
The Risk/Reward Analysis.
Patent Litigation Is Expensive.
The Risk/Reward Analysis From The Patent Owner′s Perspective.
The 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