The Value of IP as a Commodity

By: Ian McClure

I recently published an article in Issue 47 of IAM magazine titled "The Value of IP as a Commodity".  The article is a comprehensive description of IPXI and the ULR contract model for non-exclusive licensing.  In addition, the article highlights the ongoing debate between IP professionals and IP market participants regarding the inefficiencies in IP valuation and technology transfer and how best to resolve these problems.  The natural progression in IP monetization methods has led to the commoditization of IP assets, such ... Read More

Categories: Burgeoning Business, Patent Prospects, Portfolio Potential

The Perfect Storm: Corporate Disclosure, Shareholders, and the Importance of Intellectual Property

By: Ian McClure

I have followed the developing story of John Desmarais and his reported purchase of 4,000 patents from Micron as covered by Joff Wild and the IAM Blog, among other bloggers.  A very nice recap of the story, the questions that have been raised, and the meaning of it all can be found HERE under an IAM Blog post titled "Why Micron Matters".  The better title, however, might have been "Why IP Matters", for this story truly brings to light (if all reported facts are accurate) ... Read More

Categories: Patent Prospects, Portfolio Potential

New Article Up On Importance of IP Due Diligence

By: Ian McClure

I finally got around to putting up my article on the importance of and possible requirement for ongoing IP Due Diligence.  The article can be found HERE, or  under the Published Articles page of IP Prospective.  The article was first published in the March/April 2010 issue of The Federal Lawyer, the official publication of the Federal Bar Association. Also, check the upcoming July issue of The Federal Lawyer for my article on the impact of IP insurance on the IP litigation landscape and ... Read More

Categories: Portfolio Potential

MIT: A Clear Correlation Between IP and Capital Market Success

By: Ian McClure

Here is a talking point that every IP strategist and professional in the IP monetization business has been waiting to put in their arsenal of persuasion efforts:  MIT agrees.  I was put on to this short piece from the MIT News Online by Andrew Watson at ipVA.  The piece discusses the views of MIT Sloan School of Management Senior Lecturer Professor Joseph Hadzima Jr., which are quite in line with all that IP Prospective stands for.  In short, quality IP and an efficient ... Read More

Categories: Portfolio Potential

Seminar: Strategic IP Management and Monetization

By: Ian McClure

I delivered a presentation today to the Kentucky Bar Association's Annual Corporate Counsel Conference titled Strategic IP Management: Shifting the Practice from Ex Post to Ex Ante.   The conference was well attended by numerous In-House counsel from businesses across the state, small and large.  Although it was an unconventional topic for an In-House Counsel CLE seminar, the presentation was well received and elicited a number of comments and questions afterward.  The outline materials for the presentation can be found HERE. Read More

Categories: Burgeoning Business, Portfolio Potential, Trademark Trends

IP Finance Options: Understand Your Asset and Exit Strategy

By: Ian McClure

(A few words from a macro - and very general - point of perspective) Financing can come in all shapes and sizes. Generally, a start-up will (hopefully) have a great idea and leaders with a vision. However, many start-ups may be doing so without any assets - just a business plan. It may be hard to obtain financing - whether private equity or commercial loan or otherwise - with just an idea. Some start-ups, however, will be fortunate enough to have one (or ... Read More

Categories: Investment Intelligence, Monetizing IP, Portfolio Potential

Fingers Crossed for Spring 2010 ICAP Ocean Tomo Auction

By: Ian McClure

Today ICAP Ocean Tomo will host their Spring 2010 IP Auction in San Francisco, which has stirred a lot of buzz lately in the blogosphere because of various sales made before the auction has even started.  Joff Wild has highlighted this trend in a couple of recent posts at the IAM Blog, including a recent post with a word from Avancept IP Counseling's Tom Ewing regarding a study he has completed on the string of auctions and their trends.  Interestingly, the early sales is ... Read More

Categories: Portfolio Potential

Phasing Out the “Earn-Out” M&A Model? Even When IP Is the Main Draw of the Target?

By: Ian McClure

This interesting article was in the Wall Street Journal today, titled "Google Slowly Moving Away from its "Addiction" to M&A Earn-Outs".    An interesting thought, but hardly believable.  While I am sure that Google's leaders have realized that they may have paid a little too much in some earn-out structures because they found out they were actually paying for their own goodwill, which accelerated the target's success when taken under Google's umbrella, I believe that this model will continue to be the favored ... Read More

Categories: Portfolio Potential

Putting the Spotlight on NPE’s, “Invention Capital”, and Disclosure

By: Ian McClure

"If everybody in the industry does it, I'll be right there," said Nathan Myhrvold, leader of Intellectual Ventures, to the New York Times in an article yesterday titled "Turning Patents Into Invention Capital".  Myhrvold was alluding to the public disclosure of patents and license agreements, something that has been the topic of conversation in the IP market over the last few years.  The article was actually a literary review of Intellectual Ventures, the NPE that so many love to hate, but so ... Read More

Categories: Portfolio Potential

Top Stories of 2009 in Intellectual Property Management and Monetization

By: Ian McClure

I'd like to first thank all of the faithful IP Prospective readers over the last 12 months.  IP Prospective will celebrate its first birthday next month! 2009 has been quite a year - for good and for bad. The financial market was consumed by a somber mood for most of the year, with just enough shining moments near the end of the year to lead U.S. consumers and investors into 2010 with an optimistic vibe. The intellectual property market did what most expected ... Read More

Categories: Burgeoning Business, Copyright Caucus, Patent Prospects, Portfolio Potential, Trademark Trends