Patent Value: Scoring Patents Using Characteristics Of Patents In Litigation

By Christopher K. Larus, Miles A. Finn, Congnan Zhan, Joseph (Yu) Chen, and Shelley Gilliss

September 13, 2022

Not all patents are created equal. Finding patent assets likely to drive substantial value in licensing efforts is difficult. Getting the answer right can unlock substantial value and allow innovators to optimize expected return on investment. But making a mistake can lead to a costly waste of valuable resources.

In the highly dynamic environment of patent licensing and monetization, patent holders, capital investors, and potential licensees alike increasingly look for data-driven quantitative guidance in evaluating the value of a patent portfolio. A complete analysis of patent value necessarily requires detailed qualitative review of specific patent assets. This detailed qualitative review, which generally involves a detailed review of patent claims, specification, and file history may not be economically practical when assessing large portfolios. In such instances, quantitative measures of patent value can provide important tools for screening portfolios to identify those patents worthy of detailed qualitative analysis.

Originally published in les Nouvelles - Journal of the Licensing Executives Society, Volume LVII No. 3, September 2022.

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.

Disclaimer

Christopher K. Larus

Partner

Chair, National IP and Technology Litigation Group

Congnan Zhan, Ph.D.

Senior Economic Consultant / Data Scientist

Joseph (Yu) Chen, Ph.D.

Science Advisor and Technical Consultant Manager

Shelley R. Gilliss, Ph.D.

Chief Talent Officer and Chief Administrative Officer

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