IPotential Confidential © IPotential, LLC, 2007 Intellectual Property Assets: The Need for a Strategy Presented by Ron Epstein and Marc Kaufman

UNLOCK THE POTENTIAL OF YOUR IP SM IPotential Confidential © IPotential, LLC, 2007 Types of IP Protection Patent New and useful machines and processes Copyright Creative works Trademark Words, logos used in connection with sale of goods Trade Secret Secret information that provides business advantage

UNLOCK THE POTENTIAL OF YOUR IP SM IPotential Confidential © IPotential, LLC, 2007 Copyright, trademark, trade secret Analogous to old media New technology issues Patents Relatively new to media industry Potential biggest threat Addressing IP

UNLOCK THE POTENTIAL OF YOUR IP SM IPotential Confidential © IPotential, LLC, 2007 Intellectual Property – An Untapped Asset IP is the Most Underutilized Asset in Business Unrecognized on most balance sheets Typically, an afterthought in business IP is One of the Largest Opportunities to Increase Strategic Business Value Generate new business opportunities Create barrier to entry for competitors Influence and guide technology/market directions Provide a defense to allegations by competitors

UNLOCK THE POTENTIAL OF YOUR IP SM IPotential Confidential © IPotential, LLC, 2007 Patents – An Unrealized Threat IP Represents a Significant Business Risk Patent filings increasing re media technologies Number of patent suits doubled from 1992 to Litigation cost at $3 - 5M/per patent Patents Asserted in Media Industry Lucent (MPEG2) Acacia (digital file transmission) Gemstar (TV schedule listings) Intervideo (DVD) Burst.com (digital media transmission) Creative (media player UI) Overture v. Google (ad placement) USA Video Interactive (on-demand programming) Global Patent Holdings (web pages with compressed images) AT&T (MPEG video compression)

UNLOCK THE POTENTIAL OF YOUR IP SM IPotential Confidential © IPotential, LLC, 2007 Top 20 Holders of Patents Related to Software Cos* IBM10,206 Canon7,821 Sony 3,135 Hitachi 2,643 Microsoft 2,633 Xerox 2,390 NEC2,143 Sun 1,887 Fujitsu1,780 Fuji1,650 Kodak1,633 Intel1,624 Matsushita 1,381 Toshiba 1,333 Sharp1,262 HP 1,217 Ricoh 1,003 Samsung 825 Mitsubishi 492 Motorola 475 * List calculated based on those holding patents in the same patent classes as SW Co, and does not count all software patents Most S/W Patents Held By Hardware Companies

UNLOCK THE POTENTIAL OF YOUR IP SM IPotential Confidential © IPotential, LLC, 2007 Patent Strategy – How to be a Player

UNLOCK THE POTENTIAL OF YOUR IP SM IPotential Confidential © IPotential, LLC, 2007 Patents Are Strategic Assets Collect tolls for use of your property Defend the homeland

UNLOCK THE POTENTIAL OF YOUR IP SM IPotential Confidential © IPotential, LLC, 2007 Patent Value Drivers Value Comes From Use, Not Technical Sophistication Patents, like land, get their value from location Patents only valuable if they read on (significant) revenue Primary Drivers Demonstrated Infringement Actual use, applicability to standards Likelihood of continued or future infringement, breadth of claims Affected Revenue (Current) Encumbrances Secondary Driver Potentially Affected Revenue (Future) NET Attorney-Client Privileged & Confidential 9

UNLOCK THE POTENTIAL OF YOUR IP SM IPotential Confidential © IPotential, LLC, 2007 Protecting Inventions Manage Competition Hierarchy of IP Value Design Freedom Build Markets and Relationships Deliver Revenue Potential Return Biz Strategy Driver

UNLOCK THE POTENTIAL OF YOUR IP SM IPotential Confidential © IPotential, LLC, 2007 Generating Value Protecting Inventions/Recognition Manage Competition Design Freedom Markets Development Deliver Revenue Biz Strategy Ingredient Technology Co.s (e.g. Rambus, Qualcomm) Assertion Based Licensing Carrot Licensing Patent Sales Use Innovation To Develop And Enhance New Products And Markets Primary Driver of Most Businesses

UNLOCK THE POTENTIAL OF YOUR IP SM IPotential Confidential © IPotential, LLC, 2007 Patent Strategy Establish an IP culture Expand interest beyond copyright Demonstrate value Develop Patents with end in Mind What is the purpose for you Budget Quality control Unlike copyright, patents require attention

UNLOCK THE POTENTIAL OF YOUR IP SM IPotential Confidential © IPotential, LLC, 2007 Contact Information Ron Epstein CEO 1440 Fashion Island Blvd. Suite 600 San Mateo, CA W: