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PATENT TRANSACTION MARKET


RPX stock-offering prospectus, released on September 15, states that its primary competition in the market for patent assets include “other entities that seek to accumulate patent assets, including NPEs such as Acacia Research, Altitude Capital Partners, Coller IP, Intellectual Ventures [and] Millennium Partners.”


But RPX does differentiate itself enough to avoid some of the more negative terms that are used to describe companies that do not practise their patents. Paul Sutton, a founding partner of Sutton Magidoff LLP, says: “Te business models of Intellectual Ventures and RPX, while similar in that each has accumulated a significant patent portfolio, do differ in a highly significant way. RPX is viewed by many and considers itself a pure defensive ‘patent aggregation firm’. For this reason, RPX is not lumped together with the types of litigation-prone patent trolls which are universally hated by industry.”


Doing that thing you do


Intellectual Ventures is a prolific company. It owns approximately 35,000 “assets”, and over 3000 of those are patents for inventions that originate inside the company. It has spent approximately $1.5 billion on patent acquisitions and has completed 1600 IP acquisition deals since its inception.


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“OUR LICENSING ORGANISATION LOOKS REMARKABLY SIMILAR TO ANY HIGH-TECH SALES AND MARKETING ORGANISATION IN TERMS OF THE TYPES OF PROCESSING THAT’S DONE.”


Intellectual Ventures’ investment in intellectual property allows it to offer customised licensing solutions to its clients. Its licences vary according to the number of patents, types of patents and the field of use that the company’s customers want to obtain licences to. Tere will be “different elements based on what I would call some of the value-added solutions that we provide,” says Mallouk. Strategic buying involves “ways in which we can work collaboratively with them to create design freedom going forward”.


S E M I N A R S E R I E S


Individual inventors will tend to go to Intellectual Ventures with patents to sell because “they believe we’re a much more efficient and effective licensing vehicle than they would be themselves”, says Mallouk. Once those patents are ready to be licensed, the Intellectual Ventures licensing organisation will take them to market.


“Our licensing organisation looks remarkably similar to any high-tech sales and marketing organisation in terms of the types of processing that’s done,” he says. “Any good sales person... is going to go out to understand their customer, their customer’s strengths and needs, understand the key people in that organisation and understand what their strategy is, and then approach them.”


He adds: “We will oſtentimes engage with the CEO, CFO or CTO because ultimately the solutions we provide really help address competitive, financial and technological issues for our customers. Tose three executives are critical.”


Companies like Intellectual Ventures are responsible for injecting liquidity into the patent transaction market, according to Mallouk, and giving a number of sellers, “whether those were large corporations, universities, small companies


U.S. Trademark Practice Seminar April 16 - 20, 2012


A one week seminar which addresses all aspects of trademark practice before the United States Patent and Trademark Office (“USPTO”) and the courts, including the preparation of trademark applications, practice before the Trademark Trial and Appeal Board, licensing, inter partes matters including opposition and cancellation proceedings, and the enforcement of trademark rights in the federal and state courts.


Summer Patent Seminar


June 6 - 29, 2012


This three and a half week seminar covers all major areas of U.S. patent law, beginning with an overview of the U.S. patent system and moving on to more complex subjects such as patent prosecution, infringement litigation, and interference practice. Includes practical problems and discussion of recent cases where applicable.


Visit www.bskb.com for further seminar details. All seminars are held at BSKB’s offices in Metropolitan Washington DC. 8110 Gatehouse Road, Suite 100 East • Falls Church, VA 22042 USA p: +1-703-205-8000 • f: +1-703-205-8050 • e: seminars@bskb.com


© 2011 Birch, Stewart, Kolasch & Birch, LLP. All Rights Reserved.


Advanced Patent & Licensing Seminar Fall 2012


A two week seminar focusing on advanced topics in U.S. patent law which includes workshops and problem solving in order to illustrate the more advanced concepts with regard to prosecution, claim interpretation, and validity and infringement issues. Participants learn how to modify and determine the scope of a granted U.S. patent, as well as how to address significant licensing issues.


20 World Intellectual Property Review November/December 2011


www.worldipreview.com











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