In this collaboration with IAM, ROL Group looks into the likely trends of patents within the next five years. Our consensus? A stable market with a greater shift towards operating companies and smaller, faster patent transactions.
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What Can We Predict from Five Years of Secondary Patent Sales?
4. in collaboration
with
Whats in a Brokered Patent Package?
List of patents for sale, applicable market, infringement analysis (claim chart), background on the seller
Asking price, bid dates, special circumstances (license back, specific encumbrances)
Typical package
Confluence Patent Portfolio
Single family (15 US patents and 7 open applications) relating to social network data aggregation.
2006 priority date.
Received July 2013
Sold October 2014
Asking prices: 7 figures
Multiple claim charts presented for
Apple
Google
Facebook
Purchased by an operating company
Fingerprint Cards AB
Example package from Patent Profit (Will Plut)
4Copyright 2017 ROL
5. in collaboration
with
LinkedIn What You Can Do Over Four Years
2011 2016
0
500
1000
1500
2000
2500
#ofAssets
Portfolio Growth by Priority Year
Organic Portfolio Projected Organic Portfolio
0
500
1000
1500
2000
2500
#Assets
Total Portfolio by Priority Year
Acquired Portfolio Organic Portfolio
5
7. in collaboration
with
Ten Years Ago - Secondary Market
2007
IV the
biggest
buyer
Few
brokers
AST and
RPX
Few
capable
buyers
Whats
a good
deal?
7
8. in collaboration
with
Five Years Makes a Difference
8
2012 2017
Sources
Transactions
Pricing
Capabilities
Private Public
Only WSJ
published deals
Quarterly public data
Skewed
Intellectual Ventures
plus select companies
Quarterly public data
SMEs buying
11. in collaboration
with
How Big Is the Patent Market?
11
$0
$2
$4
$6
$8
$10
$12
$14
2011-Q1 2012-Q1 2013-Q1 2014-Q1 2015-Q1 2016-Q1 2017-Q1
ROL Group Tracked Brokered and Private Market
Cumulative Sum ($B)
$11 billion plus in patent packages
90 thousand plus patent assets
100 technology categories
Unsold
Sold
14. in collaboration
with
Asking Prices Are Stabilising
$0
$50
$100
$150
$200
$250
$300
$350
$400
$450
$500
2012 2013 2014 2015 2016
$K
Listing Year
Average Asking Prices ($K)
Price per US Issued
Price per Asset
14
16. in collaboration
with
Sales Rates Dropping or Shifting?
Sold by Year Listed Bad Trend
0%
5%
10%
15%
20%
25%
30%
35%
40%
2012 2013 2014 2015 2016
SalesRate
Listing Year
% Sold as % Listed Per Year OK?
0%
5%
10%
15%
20%
25%
2012 2013 2014 2015 2016
Year
Sales in Calendar Year as % of Listings in
Calendar Year
16
17. in collaboration
with
Sales Rates Dropping or Shifting?
Sold by Year Listed Bad Trend
0%
5%
10%
15%
20%
25%
30%
35%
40%
2012 2013 2014 2015 2016
SalesRate
Listing Year
Sold as % Listed Per Year OK?
0%
5%
10%
15%
20%
25%
30%
35%
40%
2012 2013 2014 2015 2016
Year
17
18. in collaboration
with
Some Brokers Are More Effective Than Others
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
0 5 10 15 20 25 30 35 40 45 50
SalesRate
Number of Listings
2015 Broker Sales Rate
Broker's 2015 Sales Rate 2015 Sales Rate 10.4%
18
19. in collaboration
with
Value Distribution In the SecondaryMarket
Value
Patent market
19
Goal: Identify high-value patents to
purchase (1-2% of market)
Copyright 2017 ROL
20. in collaboration
with
66%
17%
10%
3%
2% 1%
Operating company
NPE
Inventor
University/research
Defensive aggregator
Other
DistributionofSellerTypeby2016SaleYear:OperatingCompaniesDominatetheMarket
Operating companies represent over 66% of the patents on the market down from 71%
NPEs increased their sales up last year, this has continued - 17% up from 16% - likely as a result of difficulties enforcing
their patents
Cross-licensing before competitor patent sales is a benefit
20
22. in collaboration
with
48%
34%
15%
3%
Operating company
NPE
Defensive aggregator
Other
Distribution of Buyer Type by 2016 Sale Year
Operating companies now top buyers
NPE buying is down to 32% from 42%
IV buying dropped to only 13 packages down from 40
RPX is top single buyer
22
23. in collaboration
with
Buyers by Sales Year Five Years
OpCos increasing their buying
NPE down but not out
Non-public companies buying increased from ~0% to 30% of company purchases
2012 2013 2014 2015 2016 Total
Other 0% 3% 7% 2% 5% 4%
Defensive Aggregator 11% 16% 22% 19% 19% 19%
OpCo 41% 45% 31% 42% 41% 39%
NPE 48% 37% 40% 36% 35% 38%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
%ofPackageSales
Sale year
Other
Defensive Aggregator
OpCo
NPE
23
24. in collaboration
with
TopSellersandBuyers2016
Top Sellers by Package Count
Alcatel Lucent
Allied Security Trust (AST)
ATT
BAE Systems, Inc.
British Telecom
Caveo
Elizabeth Dyor
Empire IP, LLC
Harris Corporation
IBM
Imation Corporation
Intel
NEC
Netsocket
Nokia Solutions and Networks (NSN)
Panasonic Corporation
Petnote LLC
QinetiQ Limited
Rockstar
Rovi Corporation
TP Lab, Inc.
Tyco Electronics
Verisign, Inc.
Verizon
VideoMining Corporation
Xerox/PARC
Top Buyers by Package Count
9051147 Canada Inc.
Alliacense Limited Llc
Allied Security Trust (AST)
Beijing Xiaomi Mobile Software Co., Ltd.
Carlow Innovations LLC
Commscope Emea Limited
Domo, Inc.
Empire IP LLC
Facebook, Inc.
Finnavations LLC
Gemalto SA
Google Inc.
Huawei Technologies Co., Ltd.
Intellectual Discovery Co., Ltd.
Intellectual Ventures
Knapp Investment Company
Linkedin Corporation
Marking Object Virtualization Intelligence, LLC
Microsoft Technology Licensing LLC
Open Invention Network, LLC
Optimum Communications Services, Inc.
Palo Alto Networks, Inc.
Rakuten, Inc.
Red Hat, Inc.
RPX Corporation
Taiwan Semiconductor Manufacturing Co., Ltd.
Twitter, Inc.
Uniloc Luxembourg S.A.
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25. in collaboration
with
Litigation Analysis: You Can Model Your Risk
Has Litigation Has IPR
Package Type Before
listing date
After
listing date
Before
listing date
After
listing date
Sold packages 5.4% 10.2% 0.0% 3.0%
All packages 3.8% 3.5% 0.0% 1.4%
10.2% of sold packages are litigated time to update models?
Both sold and unsold packages are litigated post listing
Defensive aggregator value may be greater than anticipated
25
28. in collaboration
with
Trends and Predictions
Market size remains around $200 million to $300 million
More international sales
Prices stabilised
Sales rates remain low
Faster and simpler transactions expand market
NPEs continue to buy fewer buyers drive this part of the
market
More brokers leave
28