“What is my patent worth?” It is a common question that IP portfolio managers and licensing executives hear from their clients.
As any IP professional knows, the answer is complicated and turns on numerous factors, including the scope of the claims and revenues they impact, the licensing history of the patent, and the rates that have been set in the industry. The U.S. Court of Appeals for the Federal Circuit and the district courts have further shaken up the valuation world over the last five years, issuing damages opinions that have excluded expert opinions for relying on non-comparable licenses or outdated licensing industry practices, or for failing to appropriately tie a patent claim to an accused product.
