Acknowledgments xiii Chapter 1 Introduction 1 Why Update Edison in the Boardroom? 3 A Brief History 6 The Edison Mind-Set 11 The Intellectual Property Management System 18 Summary 25 Chapter 2 The Changing Environment for IP Management 27 The Rise of the NPE (Nonpracticing Entity) 28 Technology Convergence 29 The Arrival of the Chief Intellectual Property Officer (CIPO) 30 The Globalization of Business 33 The Changing Legal Environment 38 The Continuing Lack of a Formal IP Marketplace 39 The Rise of the IP Investor 42 Summary 45 Chapter 3 Level One: Defend Position 47 What Level One Companies Are Trying to Accomplish 48 Functions, Tools, and Capabilities Quiz: Questions Only You Can Answer 51 Best Practices for Level One: Defend Position 56 Summary 68 Chapter 4 Level Two: Manage Costs 71 What Level Two Companies Are Trying to Accomplish 72 Best Practices for Level Two: Manage Costs 74 Summary 92 Chapter 5 Level Three: Capture Value 93 What Level Three Companies Are Trying to Accomplish 94 Best Practices for Level Three: Capture Value 95 Summary 118 Chapter 6 Level Four: Synthesize Opportunities 119 What Level Four Companies Are Trying to Accomplish 120 Best Practices for Level Four: Synthesize Opportunities 121 Summary 139 Chapter 7 Level Five: Shape the Future 141 What Level Five Companies Are Trying to Accomplish 142 The Characteristics of the Future 143 The Characteristics of Sustainable Corporations 143 Best Practices for Level Five: Shape the Future 148 Summary 159 Chapter 8 What to Do When You're Not on the Pyramid 161 Is My Company on the Pyramid? 162 Is My Company a Candidate for the Edison Pyramid? 163 Characterizing IP-Indifferent Companies 164 How Companies Can Destroy Value 167 Moving toward the Edison Hierarchy 170 Summary 171 Chapter 9 The Procter & Gamble Journey 173 Beyond Make and Sell 174 Out-Licensing Technology 175 Additional Growth via Effective Policy Changes 176 Reinventing and Integrating Trademarks and Brands 177 Looking Externally 180 IP as an Enabler to Innovation 184 Looking Forward 185 Appendix A Significant Developments in Intellectual Property Law in the Past 10 Years 187 Mark Radcliffe Recognition of Value of IP Rights 188 Developments in Patent Law 194 Developments in Copyright Law 205 Developments in Trademark Law 210 Appendix B The Rise of Patent Aggregators 215 Kent Richardson and Erik Oliver Terminology 215 Background 216 Valuation of Patents in the Aggregation Context 219 Classification Based on Business Model 220 Intellectual Ventures 224 Patent Aggregators: Good or Bad 225 Future Aggregator Ecosystem Directions 226 Appendix C A Closer Look at IP Damages 229 Eric Shih and Rob Kramer Patent Damages 230 Entire Market Value Rule 231 The Road Ahead 236 Notes 237 About the Authors 243 Index 245
SUZANNE S. HARRISON is a cofounder and Principal in Percipience LLC, a board-level advisory firm focused on intellectual property strategy and management, quantifying and mitigating IP risk, increasing IP value capture and focused innovation. She is also the convener of the ICM Gathering, a group of global companies that has been meeting since 1995 to define, create, and benchmark best practices around Intellectual Property Management (IPM) and other intangibles (I-stuff). An intellectual property expert testifying on both damages and IP management activities, she has written numerous articles and is coauthor of Einstein in the Boardroom , also published by Wiley. Dr. PATRICK H. SULLIVAN is an expert on extracting value from intangibles. He has pioneered the development of methods and practices for analyzing, valuing and managing intangibles for business purposes. He has consulted with over 1,000 companies on issues related to value extraction and valuation. He is a court-approved expert on valuing intangibles and has pioneered the development of valuation methodologies specifically for intellectual property. He is a frequent speaker and has published several dozen articles on valuation and value extraction. His other books include Technology Licensing, Profiting from Intellectual Capital, Value-Driven Intellectual Capital , and Einstein in the Boardroom , all from Wiley.