In the current patent marketplace, a seller needs an advocate that can get the attention of likely buyers and convince those buyers of the patents' value. This is particularly true today, as recent media reports about noteworthy patent sales (including many that Global IP has handled), have increased both the number of companies seeking to sell their patents and the number of patents on the market.
Global IP has achieved unparalleled success for our clients in the patent-sales arena. Some of those successes have been public, including the largest-ever outright patent sale-$4.5 billion on behalf of Nortel Networks-and what may be the highest per-family price ever achieved-$37.5 million per family on behalf of Aware, Inc. Many others, however, are confidential and involve a range of technologies that include telecommunications, semiconductors, software, social networking, audio compression, consumer electronics, and wearable computing. These sales range from smaller portfolio transactions to ninefigure deals.
Our success is based on our philosophy that a patent is a legal right to be enforced in court, and this philosophy guides our approach to each sales effort. We begin by evaluating a patent portfolio's litigation prospects. A large part of that analysis is legal-how does the current state of the law impact the scope of the patent claims, who infringes the patent, the nature of the infringement (e.g., direct versus indirect), and the implications of infringement (e.g., injunctions and damages). Our foreign affiliates also assist in this regard when non-U.S. enforcement is a consideration.
The next step in our analysis is technical, comparing the patent claims to technology in the market.
The final step is employing financial modeling to evaluate the monetary impact the patents could have in court.
The result is that when we take a patent portfolio to market, we have made it easy for potential buyers to understand how that portfolio could be used to achieve that buyer's objectives, whether to block competitors, reduce outbound license payments, or to earn revenue.
Our legal expertise helps us minimize risks inherent in any sales process. Moreover, because we are lawyers, the preparatory work we do is protected by the attorney-client privilege.
Beyond philosophy, approach, and legal expertise, Global IP provides three concrete benefits to clients: First is relationships with buyers around the world. We know whom to contact at these companies, and they know us.
Second is our reputation. That reputation is based on our prior successes, and the quality and trustworthiness of the analysis that we provide to buyers.
Third, because of our unique focus, we avoid the conflicts that often arise with larger firms. We are able to investigate the full monetization potential of a patent portfolio, which allows us to maximize value for our clients.