1. K. Lance Anderson Of Counsel Greenberg Traurig, LLP andersonl@gtlaw.com “Innovate Lea County” Conference A Model for Innovation

2. Disclaimer The information provided in this presentation is for discussion and exemplary purposes only and does not constitute legal advice or create any attorney-client relationship.

3. Innovation a new idea, device, or method; or the act or process of introducing new ideas, devices, or methods

4. Innovation Life Cycle Everett Rogers (1962)

5. Innovation Life Cycle Downes and Nunes (Accenture) (2014)

6. The Innovation Economy

7. “New” Strategy for American Innovation* * October 15, 2015: https://www.whitehouse.gov/the-press-office/2015/10/21/fact- sheet-white-house-releases-new-strategy-american-innovationhttps://www.whitehouse.gov/the-press-office/2015/10/21/fact- sheet-white-house-releases-new-strategy-american-innovation

8. Building Blocks the Innovation Economy 1980 – Bayh-Dole Act – Allowed for “Subject Inventions” to be owned by recipients of federal funding – Requirements for maintaining ownership Many University Examples – Wisconsin Alumni Research Foundation (WARF) – Stanford – Carnegie Mellon

9. Universities in History Polio Vaccine – 1955 – University of Pittsburgh Pacemaker – 1960 – University of Minnesota Gatorade – 1965 – University of Florida MRI Scanner – 1977 – State University of New York

10. Identify IP; License or Start-Up The University Commercialization Model Fundamental Science Basic Research Applied Research Product Development ProductionSales Federal Grants; Research Funding Commercialization $$ __ Million

11. NHF Model Identify IP; License or Start-Up Fundamental Science Basic Research Applied Research Product Development ProductionSales Federal Grants; Research Funding Commercialization $$ >40 Billion

12. Innovation = Intellectual Property

13. Intellectual Property ….means any and all Software, technology, materials, or information, including without limitation inventions (whether patentable or not), improvements, trade secrets, proprietary information, know-how, databases and data collections, invention disclosures, technical data and customer lists, customer contact information, customer correspondence and customer licensing and purchasing histories, software, product designs, business plans, product roadmaps, works of authorship, and documentation relating to any of the foregoing. * *Actual definition for “Intellectual Property” in a recent Purchase Agreement for a Business

14. Intellectual Property Consider ALL Intellectual Property Rights – Patents – Trade Secrets – Trademarks – Copyrights – Other?? Web 2.0 assets – domain names, social media, accounts, etc. Likenesses Open Source software

15. Intellectual Property Rights Patents – Utility Patents (20 yr term from date of filing) New, useful, nonobvious Methods Devices Articles of manufacture – Design Patents (14 year from issue) Ornamental features only Apple v. Samsung (11-cv-1846)

16. Trade Secrets New Mexico: information, including a formula, pattern, compilation, program, device, method, technique or process, that: Texas: information, including a formula, pattern, compilation, program, device, method, technique, process, financial data, or list of actual or potential customers or suppliers, that: – (1) derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and – (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy

17. WHY??

19. Purchase Price Allocation (PPA)

20. Intangible Assets WHY

21. Innovation = Business Develop a basic fundamental understanding of the various types of IP in your portfolio. Gather intelligence concerning competitor IP strategies and portfolios. Do not prioritize portfolio quantity over quality. Adjust your business plan to ensure IP assets are applied profitably across most business activities. Seek out new strategies and opportunities to monetize your IP portfolio. Consider new methods of generating revenue from your current IP portfolio (e.g., licensing, selling, etc.), and acquiring IP to further both offensive and defensive positions within the competitive marketplace.

22. Thank you! K. Lance Anderson Greenberg Traurig, LLP 300 West 6th Street, Suite 2050 Austin, Texas 78701 andersonl@gtlaw.com andersonl@gtlaw.com www.gtlaw.com