Happy New Year to all our colleagues, friends and clients!
With 2019 well underway, we hope you had a successful and productive start to the new year.
We are kicking off 2019 with some new initiatives! The
Smart-Up Webinar series
will launch in February; this is a program that has been developed in response to demand from our clients, particularly our startup clients, who are looking for ways to get quick answers to burning questions while at the same time learning from the collective wisdom of others. Please make sure to
take the survey
regarding webinar topics, so you can participate in shaping the agenda!
Also in this newsletter are highlights from our recent blogs: our year in review summary of
IP Valuation trends in 2018;
our interpretation of the recent Supreme Court decision on
Helsinn v. Teva
and its implications on IP strategy; and finally, another blog in our series on Brand valuation, exploring
endorsement as a branding tool.
We have recently also added the
section to our newsletter, where we cover some of the more interesting IP and startup news from our
We expect a very busy event schedule in Q1 2019. Please check the list of
in this newsletter. Please also make sure to visit the
Media & Events
page on our website for up-to-date event schedule and registration information. We look forward to connecting with many of you in 2019!
What's New in 2019
Foresight Blog Highlights
This month we look at endorsement deals as a Brand Strategy tool and how they can help companies build (or re-build) their brand value. The piece looks specifically at how Under Armour introduced itself as a viable competitor in the basketball shoe business on the back of a high-profile endorsement deal, and how others are following suit after the company's success. Outside of apparel, the post discusses how endorsements are being us
ed to revitalize brands that have lost their influence in the public eye. In particular, we look at the re-introduction of Palm, the consumer tech brand that was once on the forefront of the business world.
For the full article please click
IP News Digest
Google has purchased intellectual property related to smartwatch technology from Fossil Group - which owns brands such as Diesel, Armani, Skagen, and Michael Kors. In addition to the IP, Google will absorb a section of Fossil's R&D team that focuses on wearables. Greg McKelvey, Executive Vice President and Chief Strategy and Digital Officer at Fossil Group described Google as the company's "innovation partner" in his description of the deal. The tech acquired in the deal stems from wearable company Misfit, which Fossil Group acquired for $260 million in 2015.
In 2015, Apple filed 2 IPR petitions challenging a VirnetX patent which was eventually invalidated. VirnetX appealed this decision on the basis of 2 main arguments; 1) that a prior art reference in the challenged patent (RFC 2401) was not a printed publication, and 2) that IPR procedures cannot apply retroactively to patents filed before the enactment of the America Invents Act. The court upheld both decisions, ultimately invalidating the VirnetX patent.
Teva Pharmaceuticals Industries, a generic drug maker, recently settled a patent dispute with pharmaceutical company Neos involving the ADHD drug Cotempla. The settlement includes a license agreement between the 2 parties allowing Teva the right to make and market a generic version of the drug beginning in 2026. Upon announcement of the settlement, shares of Teva rose 5%, as shareholders recognized the importance of the license agreement in the ADHD market which comprises over 70 million prescriptions annually.
2018 saw an unprecedented amount of funding with an estimated 56% YoY increase over 2017. Almost $40 billions of those dollars, about 17% of total invested dollars, in 2018 went to companies with at least one female founder. 50 rounds raised by companies with at least one female founder were over $100 million. These large rounds helped boost fundraising for companies with female founders from $19.8 billion in 2017 to the $40 billion previously mentioned. In terms of deal volume, however, 2018 saw a slight decline in rounds raised by companies with at least one female founder. In 2018, the count was 1,106 rounds, or 14% of total deal volume. This number was down slightly from 15% in 2017.
IBM has been the leader in annual patent grants for 26 years in a row, and the company kept its streak going in 2018 with a record 9,100 U.S. patent grants. Samsung, the second-place company, was over 3,000 patent grants behind, with 5,850. Other large tech staples also appeared in the top 10, including Intel, Microsoft, and Apple. Notably, Google did not make the top 10 this year, after finishing 7th in 2017. IBM's patent grants include a growing number of inventions related to artificial intelligence and quantum computing, possibly setting the company up nicely for a new chapter, as many people acknowledge these technologies as critical for the future.
Friday, February 22, 6am-8am PT:
Telling Your Story With Numbers: Building A Fundable Financial Model For Your Startup.
Looking to build a fundable financial model for your startup, but don't know where to start? You are not alone.... creating a set of realistic financial projections is one of the most daunting tasks for most founders! And yet, it is critical to effectively communicate funding needs and valuation expectations to investors and potential business partners, while at the same time serving as an important tool to prioritize spending and guarantee the economic survival of your startup.
Based on her experiences as a Silicon-Valley valuation expert, entrepreneur, start-up advisor and Stanford Lecturer,
will provide practical insights and hands-on tools for the creation of a balanced, credible and fundable financial model for the early stage venture, while highlighting some of the pitfalls to avoid when presenting your financial plan to investors.
This two-part series explores the fundamentals of financial modeling and valuation involving startups and emerging technologies, and how to leverage your intellectual property (IP) portfolio for funding and growth. The talks will be given in Palo Alto (hosted by the
office in Palo Alto) and broadcast to a broad international audience. Registration links are coming up on
Access Silicon Valley.
Part 1 in the series,
Telling Your Story with Numbers: Building a Fundable Financial Model, lays the foundation for the creation of a balanced, realistic and fundable financial model, while highlighting some of the pitfalls to avoid when presenting your financial plan to investors.
Part 2 in the series,
Monetizing Innovation: Leveraging Intellectual Property for Funding and Growth, explores the interaction between IP assets and corporate value, and how to manage your IP portfolio to support funding and growth.
, President of
Foresight Valuation Group
, Lecturer at the Stanford Graduate School of Business, and Chair of the High Tech Sector of the Licensing Executives Society (USA-Canada), will share insights from her 25 years of experience as an IP valuation and strategy expert, as well as a Silicon Valley entrepreneur, CFO, investor and advisor. Throughout her career, Efrat has advised hundreds of companies of all sizes and across a wide range of industries, on how to extract value from innovation.