Cover image for Making innovation pay : people who turn IP into shareholder value
Title:
Making innovation pay : people who turn IP into shareholder value
Publication Information:
Hoboken, N.J. : John Wiley & Sons, Inc., 2006
Physical Description:
xxi, 201 p. : ill. ; 24 cm
ISBN:
9780471733379
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30000005175751 HC 79.T4 M32 2006 Open Access Book Book
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Summary

Summary

Many companies and executives talk about patents, but few can demonstrate significant returns from them. Who are the elite companies and managers that have created wealth and profit from IP rights, and how have they done it? What do they advise others do to achieve higher profit margins, better returns on costly R&D, and increased shareholder value? This reader-friendly book focuses on ten companies and managers/advisors who have successfully implemented wealth-generating patent programs--and shows you how you can do it too.


Author Notes

BRUCE BERMAN is President of Brody Berman Associates, Inc. in New York, a management consulting and communications firm that works closely with innovation-based businesses, investors and assets. Bruce has implemented marketing and business development programs on behalf of more than 200 businesses and IP owners worldwide. He is editor and contributing author of Hidden Value: Profiting from the Intellectual Property Economy and From Ideas to Assets: Investing Wisely in Intellectual Property (Wiley), which has been translated into Japanese.


Table of Contents

Kevin RivetteBruce BermanMarshall PhelpsDaniel P. McCurdyAlexander PoltorakPeter DetkinJames E. MalackowskiRaymond P. NiroBruce A. LehmanRonald J. SchutzJoe BeyersRonald A. Katz
Acknowledgmentsp. xiii
Forewordp. xv
Introductionp. xix
Chapter 1 Roadblocks or Building Blocks?p. 3
Worthy Opponentsp. 5
Distinguishing Patent Trolls from Independent Assertersp. 7
High-Stakes Pokerp. 9
A Double Standard for IP Assetsp. 11
Tolls, Trolls, and U-Turnsp. 14
Chapter 2 Turning a Patent Portfolio into a Profit Centerp. 19
Profile: Hail to the Chief IP Officerp. 19
ThinkPad: The Licensing Storyp. 23
A Virtuous Circlep. 26
Four Keys to an Effective Licensing Programp. 29
Innovative Uses for Innovation Rightsp. 30
Chapter 3 Seeing through the Illusion of Exclusionp. 35
Profile: Purveyor of Qualityp. 35
IP on the Radar Screenp. 39
Gaining Competitive Advantagep. 40
IBM Leads the Wayp. 41
Timing the Licensep. 43
Knowing What You Havep. 46
Masterpieces Hang in Museums, Not in Atticsp. 48
Emerging Modelsp. 49
Chapter 4 On Patent Trolls and Other Mythsp. 53
Profile: Knight in Shining Armorp. 53
A Patent Is a Negative Rightp. 57
Myth #1 "A patent is needed to practice the invention"p. 58
Myth #2 "It is not 'nice' to sue for patent infringement"p. 59
Myth #3 "The value of a patent is the same as the value of the patented technology"p. 60
Myth #4 "The patent system is fair"p. 61
Do Patent Trolls Really Exist?p. 62
Myth #5 "A patent is a tax on innovation"p. 64
Chapter 5 Roadblocks, Toll Roads, and Bridges: Using a Patent Portfolio Wiselyp. 67
Profile: From Trolls to Tollsp. 67
Shareholders Expect a Return on IPp. 69
Not All Patents Are Created Equalp. 72
Deploying Unrelated or Orphan Patentsp. 77
Who Are the Buyers?p. 79
A Seller's Paradoxp. 81
Chapter 6 Risky Business: Overlooking Patents as Financial Assetsp. 85
Profile: Wunderkindp. 85
Director and Officer Accountabilityp. 89
Patent Enforcement Litigationp. 89
Sarbanes-Oxley-Related Compliancep. 91
Shareholder Litigationp. 93
IP-Driven Shareholder Valuep. 95
Performance Measurementp. 98
Director and Officer Responsibilityp. 100
Looking Aheadp. 101
Chapter 7 Who Benefits from Patent Enforcement?p. 105
Profile: Little Guys Like Himp. 105
A Patent Is Worthless Without a Remedyp. 109
When Inventors Fail, Innovation Suffersp. 110
Inventors Must Consider Patent Enforcementp. 112
Patent Trolls and Harassmentp. 114
The Role of Contingent-Fee Representationp. 115
Large Patentees Are Fighting Backp. 118
Breaking from the Packp. 119
Dispelling the Troll Mythp. 119
The Danger of Not Enforcingp. 120
Leveling the Fieldp. 121
Chapter 8 Global IP in Crisis: The Threat to Shareholder Valuep. 125
Profile: All Along the Watchtowerp. 125
The Leadership Vacuump. 129
The Top U.S. Patentees Are Not U.S. Companiesp. 130
The Dangers of Uncertaintyp. 132
Viagra in Chinap. 133
An Action Planp. 135
Managements Need to Step Upp. 139
Chapter 9 It Takes More Than Being Right to Win a Patent Disputep. 143
Profile: Serious Competitorp. 143
Know Everything That Can Be Knownp. 146
Juries Love a Good Storyp. 147
Identifying Strong Patentsp. 149
Good Guys and Bad Guysp. 150
Patent Disputes: Measuring Risk and Rewardp. 152
Hedging the Riskp. 154
Chapter 10 Managing Innovation Assets as Business Assetsp. 159
Profile: Master Scoutp. 159
Legal vs. Business-Led IP Perspectivesp. 163
Elements of a Business-Led IP Modelp. 165
How Patent Trolls Affect Profitsp. 169
The Nature of the Unfair Value That Patent Trolls Can Realizep. 170
What Operating Companies Can Do to Protect Themselvesp. 173
Chapter 11 Secrets of the Trade: An Inventor Shares His Licensing Know-Howp. 177
Profile: An American Originalp. 177
The Business Modelp. 182
Agreements and Fee Schedulesp. 186
Ongoing Research and Notification Programp. 187
Litigation: Always a Last Resortp. 189
Defining Successp. 190
Indexp. 191