Tag Archives: IPO

Tech pioneer Nolan Bushnell to keynote IPO annual meeting in SF

This year’s Intellectual Property Owners Association annual meeting will feature a presentation by the founder of Atari Computer and Chuck E Cheese’s Pizza Time Theater, Nolan Bushnell.

Another keynote will be presented by John Cabeca, Director of the Silicon Valley USPTO. More than forty service providers, law firms and IP holders will be exhibiting at the three-day even from September 17-19 at San Francisco’s Marriott Marquis.

Mr. Bushnell, an American electrical engineer and businessman, has started more than 20 companies and is a video game pioneer.

He established Atari, Inc. and the Chuck E. Cheese’s Pizza Time Theatre chain. Mr. Bushnell has been inducted into the Video Game Hall of Fame and the Consumer Electronics Association Hall of Fame, received the Nation’s Restaurant News “Innovator of the Year” award, and was named one of Newsweeks “50 Men Who Changed America.”

2017 IPO meeting highlights include:

  • Monday Patent General Session: Alice and the 101 Wonderland

The law on § 101 following the U.S. Supreme Court’s seminal Alice ruling has been a murky morass to navigate.

With district court, PTAB, and Federal Circuit decisions that are all over the map, and calls for the abolishment of § 101, IPO recently introduced a legislative proposal to address the lack of predictability in § 101.

Panelists will discuss these issues, whether the current state of § 101 is promoting or inhibiting innovation, and what if anything should be done going forward.

  • Two Corporate Panels at 11am on Monday
  1. Patent Session: In-House Best Practices: Strategies for Adapting to a Rapidly Changing Environment
  2. Strategic Partnering with In-House Trademark Counsel

For the full program, go here. To register, here.

Image source: ipo.org


Pre-IPO Snap, with $25B valuation, paid $9M for 245 IBM patents

A soft market for patent licensing has not stopped the right patent portfolio from commanding a respectable price from the right buyer – at the right time.   

Snap, the corporate parent of Snapchat, reported recently in its S-1 pre-IPO filing that it had acquired a strategic patent portfolio from IBM, according to PatentVue, the data-focused IP blog.

In a well-researched post, PatentVue reports that approximately 245 of Snap’s 328 issued patents have been purchased from IBM.

“While the terms of its patent acquisition from IBM were not made ibmpublic,” says Maulin Shah, Managing Partner of Envision IP, “and with no mention of this patent transfer in the S-1, it appears that Snap may have paid roughly $9-10 million for the 245 patents and 207 pending US patent applications from IBM.

Excluding the patent applications, this means roughly $36-40k per patent.

Twitter acquired 945 patents from IBM in 2014 for a reported $36 million, in an effort to settle patent infringement claims brought against it by the technology giant. This comes out to approximately $38k per patent, again, excluding patent applications.

Similar Strategies

“Snap and Twitter’s patenting strategy at this point appear to be very similar,” concludes Shah, “with the vast majority of both portfolios predominately made up of acquired patents from IBM.”

The current IAM magazine features an article, “Big Blue’s new groove,” which examines IBM’s evolving patent strategy, and lists 34 patent and portfolio sales Big Blue has made between 2014 and 2016. Buyers include LinkedIn, Hulu, snap-ipo-riskRed Hat, Global Foundries and Lenovo. IAM subscribers can find the article here.

Snap, Snapchat’s parent, expects to raise approximately $3 billion from an initial public offering this spring. Despite a $25 billion valuation, Snap lost $514 million last year.

Facebook, Twitter, LinkedIn and others all sought patent portfolios before they went public, in part to justify their valuation, and perhaps because they had the cash to justify the instant leverage provided by a meaningful portfolio.

Today, patents’ more abstract M&A or financial transaction value can be more meaningful that its direct licensing or revenue-generating value.

The PatentVue post, can be found here. The blog’s original coverage of Snap’s mobile messaging patent acquisition, here.

Image source: computerweekly.com; techcrunch.com

Online Retailer Alibaba ‘Stocks Up’ on U.S. Patents Pre-IPO

In the days preceding what could be the largest U.S. IPO ever, Alibaba, the Chinese e-commerce giant, has been buying patents as well as filing them in an attempt to establish a stronger IP presence.

According to Bloomberg News, Alibaba’s pre-IPO patent buying is part of a larger move on the part of some e-commerce companies to “bulk up” with IP rights for defensive reasons just before or after they go public. (See video here.) However, the source and value of these patents indicate these moves may be more style than substance.

Bloomberg News may be right to suggest that these unproven companies need intangible assets like patents to justify their high valuation. However, it’s unclear if acquiring these untested patents really does provide a meaningful competitive advantage. Patents with an apparent pedigree are not necessarily quality patents, but for some they may provide sufficient freedom to operate. (Click on either image below to see Bloomberg News clip.)


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The news service reports that Alibaba has bought 102 patents, 20 from IBM, and has some 300 pending. Perhaps more important, Alibaba is 24% owned by Yahoo!, which has 1,500 patents, presumably those with relatively early prior art in e-commerce.

Twitter pre-IPO has just 9 patents and had been saying that it would not enforce them. Post IPO through and an acquisition with from IBM it has added 900. (Twitter reportedly paid $36 million for them of about $40K per patent, less than what Intellectual Ventures averages per purchase.)

Facebook had just 12 patents pre-IPO. Following it public offering, it used a relatively small amount of cash to buy 750 (from, guess what, IBM). Google, was somewhat of a laggard, but caught up quickly with two large portfolio purchases from IBM and the Motorola acquisition, which included 17,000 patents and 6,000 applications. Presumably, those rights were more focused on wireless inventions and chipsets.

An interesting pattern is emerging for e-commerce businesses: Raise a lot of money, go to the IBM or other well-known stock room and buy (not license) what they can for whatever price so they can at least appear to be IP competitive. Sometimes, the perceived value of a patent portfolio is as important as their actual value, especially if there is little likelihood they will be tested.

Is it possible that IBM, which is fast becoming the Home Depot IP rights, could have that many meaningful e-commerce patents? I hope not.

The Alibaba IPO is expected to exceed the $16 billion that Facebook had raised with its initial offering in 2012.

Image source: anyoption.com; bloomberg.com  



Value of Microsoft’s Facebook Stake Drops Below $1B

MS Supports FB’s Success; Promotes It’s Own

Facebook has been shedding market value like a wet collie its winter coat.

With Facebook’s share price down to just $72.7B as of May 22 from $104B three days after its IPO, Microsoft does not appear to be too concerned. Its $1.2B stake has decreased just a few hundred million. (Who remembers that MS owns 1.6% of FB’s shares?)

The competitive auction for 850 AOL patents and patent applications won by Microsoft a few weeks ago now comprise the core of FB’s growing patent portfolio. And, both Facebook and Google have been buying significant numbers of patents from IBM.

With $70B in 2011 revenues Microsoft’s Facebook shares may be a veritable blip on its financial radar. Still, it raises interesting questions.

Facebook was reputedly steaming that it did not have a real opportunity outbid Microsoft in the AOL patent sale. Microsoft stated that it wanted to partner with Facebook to acquire the patents but that AOL was said no to team bidding, possibly because of potential anti-trust issues.

With MS’s help Facebook wound up with hundreds of patents that will equip it against Google and any potential competitors like Twitter and LinkedIn. This no doubt pleased Microsoft as well, who also goes head-to-head against Google in markets than include the search engine, email and mobility, and is no doubt concerned about Twitter.

In 2007, Microsoft beat out major players like Google to buy a 1.6% equity stake in Facebook for $240 million. At the time, Facebook was valued at $15 billion. Five years later, Facebook’s valuation has soared — giving Microsoft a stake worth more than $1 billion at the time of the IPO. But rest assured, it’s not investment income that Microsoft is after.

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Even Microsoft lacks sufficient capital to afford Facebook at its inflated pre-IPO price — but it doesn’t need to own the social networking leader to succeed. All it may really need is patience. 

A growing Facebook is a boon to Microsoft and a threat to Google. However, FB’s post-IPO share price has quickly fallen some 20% below its offering. Many tech high-flyers, even the few that prosper, often find their stock going through dramatic peaks and valleys. Facebook’s early falling stock price has caught many off guard.

It remains to be seen if this dip in Facebook’s uncharacteristically high offering price will permit MS to buy more shares now or in the future, and whether the purchases will be for investment or strategic purposes. (I believe that Goldman Sachs, lead banker on MS’s IPO, has a major stake in FB.) Microsoft probably has all the FB shares it needs for now. It likely only needs a few percent more for a board seat, Department of Justice scrutiny permitting. My guess is that at the right time and price MS may quietly accumulate more shares.

If Facebook continues to secure IP rights intelligently, as it has, it will continue to be attractive to MS as a partner, investment or surrogate. Remember it’s not necessarily the patents a company owns that count; it’s the ones it controls.

If good performance does not lift Facebook’s stock back to IPO levels, Microsoft won’t cry. It will be the likely winner.

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The New York Times Deal Book is running series of interactive images that illustrate post IPO performance of major tech companies like Google, Microsoft and Apple.  It’s surprising how volatile their shares can be in the early years. Apple, BTW, was down 25% from its offering price three years following it. (If we had only known then what we know now.)

Illustration source: technobaboy.com; tmz.com  

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