Making Innovation Pay – Bruce Berman

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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.

TABLE OF CONTENTS

Acknowledgments.

Foreword by Kevin Rivette, author of Rembrandts in the Attic.

Introduction.

Chapter 1. Roadblocks and Building Blocks (B. Berman).

• Worthy Opponents.
• Distinguishing Patent Trolls from Independent Asserters.
• High-Stakes Poker.
• A Double Standard for IP Assets.
• Tolls,Trolls, and U-Turns.

Chapter 2. Turning a Patent Portfolio Into a Profit Center (M. Phelps).

• Prof ile: Hail to the Chief IP Of f icer.
• ThinkPad®: The Licensing Story.
• A Virtuous Circle.
• Four Keys to an Ef fective Licensing Program.
• Innovative Uses for Innovation Rights.

Chapter 3. Seeing Through the Illusion of Exclusion (D. McCurdy).

• Profile: Purveyor of Quality.
• IP on the Radar Screen.
• Gaining Competitive Advantage.
• IBM Leads the Way.
• Timing the License.
• Knowing WhatYou Have.
• Masterpieces Hang in Museums, Not in Attics.
• Emerging Models.

Chapter 4. On Patent Trolls and Other Myths (A. Poltorak).

• Prof ile: Knight in Shining Armor.
• A Patent Is a Negative Right.
• Myth #1: “A patent is needed to practice the invention.”
• Myth #2: “It is not ‘nice’ to sue for patent infringement.”
• Myth #3: “The value of a patent is the same as the value of the patented technology.”
• Myth #4: “The patent system is fair.”
• Do Patent Trolls Really Exist?
• Myth #5: “A patent is a tax on innovation.”

Chapter 5. Roadblocks, Toll Roads and Bridges: Using a Patent Portfolio Wisely (P. Detkin).

• Prof ile: From Trolls to Tolls.
• Shareholders Expect a Return on IP.
• Not All Patents Are Created Equal.
• Deploying Unrelated or Orphan Patents.
• Who Are the Buyers?
• A Seller’s Paradox.

Chapter 6. Risky Business: Overlooking Patents as Financial Assets (J. Malackowski).

• Prof ile:Wunderkind.
• Director and Off icer Accountability.
• Patent Enforcement Litigation.
• Sarbanes-Oxley–Related Compliance.
• Shareholder Litigation.
• IP-Driven Shareholder Value.
• Performance Measurement.
• Director and Off icer Responsibility.
• Looking Ahead.

Chapter 7. Who Benefits from Patent Enforcement? (R. Niro).

• Prof ile: Little Guys Like Him.
• A Patent Is Worthless Without a Remedy.
• When Inventors Fail, Innovation Suf fers.
• Inventors Must Consider Patent Enforcement.
• Patent Trolls and Harassment.
• The Role of Contingent-Fee Representation.
• Large Patentees Are Fighting Back.
• Breaking from the Pack.
• Dispelling the Troll Myth.
• The Danger of Not Enforcing.
• Leveling the Field.

Chapter 8. Global IP in Crisis: Recognizing the Threat to Shareholder Value (B. Lehman).

• Prof ile: All Along the Watchtower.
• The Leadership Vacuum.
• The Top U.S. Patentees Are Not U.S. Companies.
• The Dangers of Uncertainty,
• Viagra® in China.
• An Action Plan.
• Managements Need to Step Up.

Chapter 9. It Takes More than Being Right to Win a Patent Dispute (R. Schutz).

• Prof ile: Serious Competitor.
• Know Everything That Can Be Known.
• Juries Love a Good Story.
• Identifying Strong Patents.
• Good Guys and Bad Guys.
• Patent Disputes: Measuring Risk and Reward.
• Hedging the Risk.

Chapter 10. Managing Innovation Assets as Business Assets (J. Beyers).

• Prof ile: Master Scout.
• Legal vs. Business-Led IP Perspectives.
• Elements of a Business-Led IP Model.
• How Patent Trolls Affect Prof its.
• The Nature of the Unfair Value That Patent Trolls Can Realize.
• What Operating Companies Can Do to Protect Themselves.

Chapter 11. Secrets of the Trade: An Inventor Shares His Licensing Know-How (R. Katz).

• Prof ile: An American Original.
• The Business Model.
• Agreements and Fee Schedules.
• Ongoing Research and Notif ication Program.
• Litigation: Always a Last Resort.
• Defining Success.
• Index.