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As executives, it’s essential that you take an active role in overseeing your patent portfolio. This doesn’t mean you need to become patent experts, but rather that you should:
* Set clear goals and objectives for your patent portfolio
* Regularly review and discuss patent portfolio performance with your team
* Ensure that patent portfolio management is integrated with other business functions
* Make informed decisions about patent investments and resource allocation
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Systematic risk management isn't merely defensive—it creates competitive advantages through greater operational certainty and leverage in business negotiations.
Integrating patent portfolio management with research and development (R&D) strategy is essential for enhancing innovation and maintaining market competitiveness.
Patent due diligence is a critical but often costly and time-consuming aspect of IP-driven M&A transactions. PatenTrack is a game changer.
How can I use risk assessment to strengthen my client’s negotiating position? How can I anticipate risks that others overlook? By embracing this mindset, you will not only safeguard your clients’ IP assets but also position yourselves as indispensable strategic partners in the dynamic world of patent law.
The practice of patent due diligence is a strategic endeavor that demands collaboration, insight, and impact. You must embrace a framework that integrates stakeholders, leverages data, and drives informed decisions in order to deliver meaningful client value.
Patent law firms and in-house professionals must champion the alignment between a patent portfolio and business objectives, making it a cornerstone of both IP management and overall business strategy.
Patent lawyers act as strategic advisors, ensuring that intellectual property (IP) due diligence aligns seamlessly with an organization’s long-term objectives.
By mastering evaluation, leveraging technology, and aligning monetization with corporate strategy, patent lawyers and strategists can transform patents into drivers of growth and competitive advantage.
By adding defensive and offensive value, maintaining legal health, and optimizing portfolio composition, patent lawyers can significantly enhance their clients' intellectual property assets.
The integration of patent portfolios in M&A is a high-stakes endeavor aimed to transform acquired IP into an engine of innovation and growth.
The common executive tendency to view patents primarily through a legal or cost lens, rather than as integral strategic assets, creates a significant blind spot. Move beyond simply counting patents to making patents count!
Patent enforceability hinges on effective maintenance fee management.
Patent due diligence is a strategic imperative that demands sophisticated tools and a forward-thinking mindset in order to transcend traditional limitations, offering unified data, real-time insights, and dynamic visualization to drive informed decisions.
The complexities and risks associated with encumbrances necessitate a proactive approach, underpinned by advanced technological solutions.
Patent ownership disputes often arise when companies fail to explicitly secure rights to inventions created by employees or contractors.
Defective title chains are a silent killer of patent value. Real-world cases like Ethicon and Tri-Star underscore the financial and legal fallout of oversight.
Patents are your company’s competitive edge—until they lapse from missed fees or defects, draining their value. Nortel Networks’ bankruptcy led to a $4.5 billion patent portfolio sale, a loss tied to maintenance failures that directors could have prevented. With only about half of U.S. patents maintained full term, this is a widespread risk you can’t […]
In an era of increasing shareholder activism and heightened board accountability, patent portfolio valuation and reporting isn't optional—it's an essential component of fiduciary duty for innovation-driven companies.
Addressing conflicts isn't merely about compliance—it's essential for patent strategy effectiveness.
How would you evaluate whether your clients' current approach to patent strategy and budgeting would satisfy their Caremark obligations?
The duty to implement and maintain internal controls for patent portfolios represents a fundamental Caremark obligation that extends to both directors and officers.
Pruning looks random not from lack of strategy, but because it’s too costly to do right. PatenTrack makes strategic abandonment efficient—and finally practical.
Law firms help their clients identify and abandon patents that no longer serve the company's mission, freeing up capital and focus for higher-value assets.
Implementing strategic abandonment, and exploring monetization opportunities, legal advisors can help companies reduce maintenance costs and enhance the overall value of their intellectual property assets.
By helping clients align their patent holdings across costly and underutilized jurisdictions, law firms can deliver tangible financial value while reinforcing their role as strategic advisors.
The Board of Directors hereby directs management to implement and maintain a Patent Portfolio Monitoring & Risk Disclosure System
Under Caremark, you are responsible for ensuring that management has systems in place to assess and maintain the enforceability of the portfolio. This includes verifying that ownership is clear, maintenance fees are diligently paid, and encumbrances are identified and addressed—processes that must be robust enough to escalate significant issues to the board’s attention.
Without a coherent patent strategy, the company risks losing its competitive edge to generic entrants, facing costly litigation, or failing to capitalize on emerging therapeutic areas—all of which could materially impact shareholder value.
Your patents are strategic goldmines, but if you don’t tap them, you’re leaving money on the table. Texas Instruments held a GPU patent in 1991 but missed its full potential until Nvidia capitalized on similar tech years later—a classic case of underutilization. Directors who fail to maximize these assets shortchange shareholders and weaken competitiveness. PatenTrack […]
- Launching products without checking existing patents can land you in a legal mess, and directors are accountable for those oversights. Research in Motion (RIM) paid NTP $612.5 million in Research in Motion Ltd. v. NTP, Inc. after skipping due diligence—a preventable hit to the bottom line. Your duty of care demands better, or shareholders will […]
- As a board director, you’re juggling countless risks, but personal liability for patent infringement might catch you off guard. If you knowingly push your company to infringe, you could face legal consequences—cases like Windsurfing Int’l, Inc. v. AMF, Inc. saw a CEO held liable, and Mentor H/S, Inc. v. Evolving Systems, Inc. pinned a CEO […]
- Patent lawsuits can devastate your company’s finances, and as a director, you’re on the hook to safeguard shareholder value. The Polaroid Corp. v. Eastman-Kodak Co. case cost Kodak $90 million for infringing instant photography patents, while Apple Inc. v. Samsung Electronics Co., Ltd. racked up billions in damages over years. These financial hits aren’t rare—they […]