The Supreme Court’s Alice decision has introduced a dimension of uncertainty associated with the validity of many of the software patents held by operating companies today. There seems to be a consensus among some of the leading academic and judiciary experts supporting that conclusion, as seen in recent comments made by Stanford Law School’s Prof. Mark Lemley, as well as in recent comments by former Federal Circuit Chief Judge Michel. From a valuation and financial reporting perspective, there needs to be a serious examination of the post-Alice landscape implications on the value of patents as corporate assets. The results of such examination may lead to further action – which could range anywhere from additional disclosure requirements by regulators, all the way to actual corporate asset write-offs. This article highlights some of the key issues that need to be addressed by companies and regulators.
Mary Juetten, CEO of Traklight and Efrat Kasznik, Foresight Valuation
Crowdfunding is expected to become a leading source of financing in the early stage, on both rewards and equity platforms. It is likely to add more transparency to startup valuations and, at the same time, contribute to an upward trend in valuations. However, the lack of attention to IP protection or infringement during the campaign can have negative implications on the valuation of your startup. The topic of IP protection should therefore be top of mind for entrepreneurs engaged in crowdfunding, as it is critical to their survival and success long after the campaign has ended.
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What do solar energy and personal communications have in common? While energy and communications seem unrelated industries, they have significant similarities if one considers the role of business model innovation as a precursor to success in bringing new intellectual property to market. Take, for example, two companies:
•SolarCity Corporation (Nasdaq: SCTY), a solar panel installation company, which is publicly traded with a market cap of over $7 billion; and
•WhatsApp, the text messaging company which was purchased in February 2014 by Facebook for $19 billion. Continue reading