Acknowledgments
Foreword by Kevin Rivette, author of Rembrandts in the Attic
Introduction
Chapter 1.Roadblocks and Building Blocks (BBerman)
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 (MPhelps)
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 (DMcCurdy)
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 (APoltorak)
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 (PDetkin)
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 (JMalackowski)
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? (RNiro)
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 (BLehman)
Prof ile: All Along the Watchtower
The Leadership Vacuum
The Top U.SPatentees Are Not U.SCompanies
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 (RSchutz)
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 (JBeyers)
Prof ile: Master Scout
Legal vsBusiness-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 (RKatz)
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
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