Developing A Patent Monetization Program

After the Nortel patent auction resulting in a winning bid of $4.5 billion and Google's announcement that it entered an agreement to acquire Motorola Mobility, along with its sizeable patent portfolio, for $12.5 billion in cash, there should be no doubt that patents can be critical business assets of great strategic and financial value. This is an opportune time for companies to consider or reconsider how they monetize their patent assets, especially in light of the burgeoning monetization services offered to companies by defensive patent aggregators (e.g., RPX), advisory firms (e.g., IP Navigation Group and IPinvestments Group), investment firms (e.g., Altitude Capital Partners), and market makers (e.g., Ocean Tomo).

A patent monetization program is a system for obtaining a return on a company's patent assets. The program permits a company to: (1) better understand competitors and position itself to defend market share, (2) enhance shareholder value by identifying potential new revenue streams; and (3)...

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