Our Approach: We first spend time to understand the patents and the underlying technology our client
desires to sell to prospective bidders. We then move forward to develop and coordinate a private sale
process with multiple bidding rounds and key due dates, much like an auction, but with sufficient
diligence and analysis time in each step in order to secure a positive result for our client. This process
typically takes from four to six months from start to finish, plus another four to six weeks to negotiate a
purchase agreement with the winning bidder and successfully close the transaction.
Our private-sale approach allows all potential bidders every opportunity to evaluate the IP and get
involved. The phases we typically work through include:
- Creating an Opportunity Summary to characterize the IP and the markets it relates to.
- Developing a ranked list of ten to forty prospective bidders in each market segment based on
our network of industry relationships and our connection within the IP brokerage community.
- Establishing a time-line and alerting prospective bidders to the launch of the private sale
- Working with bidders on a one-to-one basis to facilitate their diligence.
- Contacting all bidders prior to critical dates in the time-line.
- Engaging with finalists and working toward a final transaction to sell the patents being offered.
Often the private sale process will motivate potential buyers with which our client may have
communicated in the past to substantially accelerate the acquisition process. Since it becomes
obvious to these buyers that the patents will definitely be sold through a professionally managed
process, they realize that decisions have to be made quickly on their part, or the patents may be
acquired by someone else and could eventually be asserted against them.
Increasingly, patent owners are seeking to divest part or all of their
patent portfolios for a variety of reasons. In “double coverage” cases,
for example, where patents have been acquired in the buyout of another
entity, one can monetize the value of those patents which provide
redundant or marginal coverage through outright sale. Similarly, a
company may choose to exit a particular business and decide to
capture the monetary value of the related patent estate through
sale to another party for whom the IP is core to their business.
Entrepreneurs may choose to monetize IP to help fund the
growth of their venture in their primary market by granting
exclusive field-of-use (EFOU) licenses to others for
applications and geographies that are not
competitive withtheir business plans.
|Service Profile / Patent Sale and EFOU Licensing
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