Intellectueel eigendom groeit mee dr. ir. Pybe Faber & dr. ir. Rik Slingerland

Welcome to Thermo Fisher May 27th 2016: announcement that FEI will be acquired by Thermo Fisher for 4.2 billion dollar ($107.50 per share) in early 2017. September 20th: takeover completed. FEI no longer exists as a company, but remains as a brand name. The legal entity FEI Company still exists and patents are still being filed under that name. Thermo Fisher: 17.2 billion dollar revenue (before adding FEI), 50.000 employees. Confidential

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http://slideplayer.com/slide/3351797/ http://binoculas.net/electron-vs-light-microscope/ Confidential

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Our Financials as of December 31, 2015 Orders & Net Sales Net Sales by Geographic Region *The European region also includes Central America, South America, Africa (excluding South Africa), the Middle East, and Russia. Confidential

Our Customers Resolve Difficult Challenges Semiconductors Shrinking component geometries and finding ways to increase yield, reduce cost, and accelerate time to production Oil & Gas Optimize recovery and development efficiency to meet growing demand in oil, gas, and mining Materials Science Discovery and invention of new materials with increased performance; understand dynamic reactions, catalysts, and nanomaterials Life Sciences Gain deeper understanding of cellular and structural biology; explore the relationships between cell structures and functions Confidential

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What is Intellectual Property: Patents Trade Secrets Trademarks Copyrights Emerging ideas… Confidential

Patent A patent is a limited right granted by the government (all patents are limited by country) that allows the patentee to stop other people or companies from making, using or selling a specifically defined invention. Confidential

FEI IP over time merger 15M$ settlement with Hitachi Philips Electron Optics BV Confidential

Reasons for IP Company phase Reasons Startup Protect invention, attract investors Small Low prio; protect only big inventions Medium Defensive: mutually assured destruction Large Discourage competition, enable cross-licenses, stakeholder value, freedom to operate Confidential

Bottlenecks make Good IP: Maider López Ataskoa Identify key step in a work-flow or process. Confidential

Cumulative patenting costs One time cost to write application is ±15 kUSD Confidential

Competitor countries Competitors can: Merge/acquire Move production (dis)appear Confidential

Customer countries Confidential

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R&D R&D is expensive. 10% of FEI’s revenue is turned into R&D (~100 M$ per year!) To make the most of it We want to be able to use the R&D We do not want others to profit Confidential

Recapitulate: what is a patent? A patent gives the patentee the right to forbid other to produce, offer for sale or commercially use the invention. To have an invention granted, is must be new and inventive, i.e. non-obvious to the skilled person. Confidential

What is a patent not? A patent thus does not give you a right to do something! What is already on the market (publicly available), or shown to (potential) customers, cannot be patented anymore. Confidential

Example: Assume party A patents a bicycle, Assume party B patents a bike with a motor Patent situation: Party A can make bikes, but not bikes with a motor Party B cannot make a bike with a motor. Rationale: party B must infringe on the patent of party A to make its motorbike. Confidential

Strategies Forbid production Production can be moved to another country Competitors leave the field and enter the field Forbid sales An important brand cannot say to customers: we are not allowed to sell in the USA Confidential

IP strategies Country selection Licensing Joint development Cross-licensing Trolls Confidential

Patent searching by inventors Pro Ensure freedom to operate Be inspired by others Forbidden by FEI policy Triple damages in US Risk of misinterpretation Thermo Fisher policy not known yet Confidential

Litigation Suing is extremely expensive (in the extreme per country, and lawyers are too expensive anyway!) mostly out-of-court settlements settlements can easily exceed 1 M$ FEI versus Hitachi X-license (2012): M$ 15 ASML versus Nikon (2004): M$ 150 Confidential

Thank You