Patent Valuation vs. Damage Calculation Disclaimer: The views expressed herein are opinions of the presenter and do not represent those of the presenter’s past or current employers.

Purpose of Patent Valuation Damage award calculation Licensing negotiation Patent acquisition for a specific purpose Patent sale final pricing Patent acquisition for more general long term purpose Patent sale initial pricing Patent comparison Portfolio valuation (for M&A, collateral, investment) 1st Group: Situation dependent 2nd Group: Less situation dependent Page 2

Caution about Citation Claim A Priority Date P1: Forward Citation 1 P0 Caution about Citation Forward citation approach: If many P(i)s cite P0 => P0 is high value Forward citation is indirect: ~ looking at the shadow to guess an object! ~ not looking at the right shadow P2: Forward Citation 2 P3: Forward Citation 3 http://www.hdwallpap.com/5397/azalea-snow-flower-shadow-hd-wallpaper/ Page 3

Mining Ideas for Diamonds Patent Valuation – See IP Book, Chapter 6 Does claim map onto 3rd party product? How difficult to invalidate it? Is the covered product significant? How easy to detect infringement? Amazon, WSP, B&N (2016) Mining Ideas for Diamonds Comparing China and US IP practices from invention selection to patent monetization (by: Tao Zhang & Jingui Fang) Figure 6-7 Valuation Flowchart Page 4

Useful Patent Valuation Example Page 5

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