Patent-related tools and methodology for use in the merger and acquisition process

• US 7,716,060 B2
• Filed: 02/23/2001
• Issued: 05/11/2010
• Est. Priority Date: 03/02/1999
• Status: Expired due to Fees

• Current Assignee: DataCloud Technologies, LLC (IP Investments Group LLC)
• Original Assignee: Rose Blush Software LLC (Intellectual Ventures LLC)
• Inventors: Heaton, Sheryl A., Germeraad, Paul B., Hohmann, Luke, Rappaport, Irving S., Rivette, Kevin G.
• Primary Examiner(s): Dass; Harish T
• Application Number:
  US09/790,897
• Publication Number:
  US 20020035499A1
• Time in Patent Office: 3,364 Days
• Field of Search: 715/526, 707/100, 707/3, 702/1, 705/36.R, 705/4, 705/7, 705/1
• US Class Current: 705/310
• CPC Class Codes: G06Q 10/10 Office automation; Time management
• CPC Class Codes: G06Q 40/08 Insurance
• CPC Class Codes: G06Q 50/18 Legal services
• CPC Class Codes: G06Q 50/184 Intellectual property management

Abstract

The present invention is related to patent-related tools, and methodologies involving those tools, for assisting in all stages of the merger and acquisition process. The IPAM server may be used in conjunction with the tools and methodologies to aid in the merger and acquisition process. These tools or methods include, but are not limited to, a topographic map, a technology classification, a SIC classification, a radar diagram, a patent citation tree, a citation root tree, a citation count report, a citation frequency graph, a citation frequency report, a patent count/year, an application count/year, a patent aging graph, a U.S. primary class/subclass, an international patent class, an assignee patent count report by primary class/subclass, a patent count graph by number of patents, a top assignees primary class/subclass by percent of total, a months to issue patents, a features grouping, a document annotation, an inventor patent count/assignee, an inventor patent count graph, and inventor data.

Claims

1. A computer-implemented method for facilitating a merger and acquisition transaction for an acquiring entity, the merger and acquisition transaction having an identify potential targets stage, an evaluate/analyze stage, a due diligence stage, and a negotiation stage, the computer-implemented method comprising:

receiving identification of a target entity;

receiving a request to invoke a technology classification tool comprising one or more computers;

performing technology classification processing including;

identifying intellectual property assets assigned to the target entity;

determining, by a computer, the number of intellectual property assets assigned to each technology class in a predetermined set of technology classes; and

graphically presenting the number of intellectual property assets per technology class;

receiving a request to invoke a patent citation tool comprising one or more computers for a presented technology class; and

for each intellectual property asset in the requested technology class, performing patent citation processing in response to the request to invoke the patent citation tool, including;

identifying forward-cite intellectual property assets which cite the intellectual property asset being processed as a reference;

identifying backward-cite intellectual property assets cited by the intellectual property asset being processed;

color-coding the identified forward cite intellectual property assets and the identified backward-cite intellectual property assets according to a freedom-to-practice metric, thereby generating a color-coded citation tree; and

graphically presenting the color-coded citation tree; and

determining, based on the technology classification processing, whether a strategic fit exists between the acquiring entity and the target entity, wherein criteria for determining a strategic fit includes one or more of;

level of overlap between intellectual property assets assigned to the acquiring entity and the target entity; and

number of complimentary intellectual property assets assigned to the target entity.

2. The method of claim 1, further comprising determining which technologies require more research and technologies for which licenses should be sought, wherein said determining is performed by one or more computers.

3. The method of claim 1, wherein graphically presenting the number of intellectual property assets per technology class, during the identify potential targets stage, comprises graphically presenting the intellectual property assets of the target entity per technology class via a radar diagram, wherein said radar diagram provides the acquiring entity with a visual indication of a technology overlap and identifies technology synergy of merger.

4. The method of claim 1, further comprising:

upon receipt of a request, invoking a tool comprising one or more computers, during the evaluate/analyze stage, for generating a Standard Industrial Classification (SIC) based classification, wherein said SIC based classification identifies a scope and magnitude of potential competitors and licensees of patents identified as intellectual property assets assigned to the target entity when performing technology classification processing.

5. The method of claim 1, further comprising:

upon receipt of a request, invoking a tool comprising one or more computers, during the due diligence stage, for generating a citation count report, wherein said report identifies the most valuable patents in a company'"'"'s portfolio to further investigate in said due diligence stage.

6. The method of claim 1, further comprising:

upon receipt of a request, invoking a tool comprising one or more computers, during the negotiation stage, for generating a patent count/year report, wherein said report identifies companies who have continuously developed technology related to the patents identified as intellectual property assets assigned to the target entity when performing technology classification processing and who have competence to commercialize competing products in a proposed merger.

7. The method of claim 1, further comprising:

upon receipt of a request, invoking a tool comprising one or more computers, during the due diligence stage, for generating a patent application count/year report, wherein said report identifies the intensity of recent development efforts in the target entity.

8. The method of claim 1, further comprising:

upon receipt of a request, invoking a tool comprising one or more computers, during the negotiation stage, for generating a patent aging graph, wherein said graph identifies a number of years until expiration for the intellectual property assets identified as intellectual property assets assigned to the target entity when performing technology classification processing, thereby revealing technologies that are young and have capacity to bring value to a merger between the acquiring entity and the target entity.

9. The method of claim 1, further comprising:

upon receipt of a request, invoking a tool comprising one or more computers, during the due diligence stage, for generating an international class report, wherein said report identifies the international class of intellectual property assets identified as intellectual property assets assigned to the target entity when performing technology classification processing to depict an area of intellectual property concentration.

10. The method of claim 1, further comprising:

upon receipt of a request, invoking a tool comprising one or more computers, during the negotiation stage, for generating an assignee count report, wherein said report provides information relating to where the acquiring entity and the target entity rank in an overall competitive landscape in a primary class area based on number of issued patents and determines whether a proposed merger will broaden a patent portfolio of the target entity or the acquiring entity.

11. The method of claim 1, further comprising:

upon receipt of a request, invoking a tool comprising one or more computers, during the evaluate/analyze stage, for generating an inventor patent count/assignee report, wherein said report identifies possible joint development agreements/ventures whereby said report is used to determine if said possible joint development agreements/ventures pose a risk to a possible merger.

12. The method of claim 1, further comprising:

upon receipt of a request, invoking a tool comprising one or more computers, during the due diligence stage, for generating an inventor patent count graph, wherein said graph an indication of inventors with a majority of inventions in the identified intellectual property assets of the target entity to assist in determining key inventors of said target entity who should be retained by said acquiring entity to continue success obtained by said target entity in an acquisition.

13. The method of claim 1,

wherein performing technology classification processing further comprises:

selecting a task related to determining an average number of inventors per patent; and

invoking a tool, during the negotiation stage, for generating inventor data, wherein said data is useful for determining whether a corporate culture of the acquiring entity will be a post-merger compatible fit for a corporate culture of the target entity.

14. A computer-implemented system for facilitating merger and acquisition transactions for an acquiring entity, a merger and acquisition transaction having an identify potential targets stage, an evaluate/analyze stage, a due diligence stage, and a negotiation stage, the computer-implemented system comprising:

a plurality of tools, including a first tool comprising one or more computers configured to perform technology classification processing including;

identifying intellectual property assets assigned to an identified target entity;

determining the number of intellectual property assets assigned to each technology class in a predetermined set of technology classes; and

graphically presenting the number of intellectual property assets per technology class; and

a second tool comprising one or more computers configured to, for each intellectual property asset in the requested technology class, perform patent citation processing including;

identifying forward-cite intellectual property assets which cite the intellectual property asset being processed as a reference;

identifying backward-cite intellectual property assets cited by the intellectual property asset being processed;

color-coding the identified forward cite intellectual property assets and the identified backward-cite intellectual property assets according to a freedom-to-practice metric, thereby generating a color-coded citation tree; and

graphically presenting the color-coded citation tree;

an invoking means for invoking a tool from said plurality of tools upon receipt of a request for said tool; and

a third tool for determining whether a strategic fit exists between the acquiring entity and the target entity, wherein criteria for determining a strategic fit includes one or more of;

level of overlap between intellectual property assets assigned to the acquiring entity and the target entity; and

number of complimentary intellectual property assets assigned to the target entity.

15. The system of claim 14, wherein said plurality of tools comprises at least one of:

a tool for generating a map;

a tool for generating a technology classification;

a tool for generating a Standard Industrial Classification (SIC) based classification;

a tool for generating a diagram;

a tool for generating a report;

a tool for generating a graph;

a tool for generating a class;

a tool for generating a grouping;

a tool for generating an annotation;

or

a tool for generating inventor data.

16. The system of claim 14, further comprising means for determining which technologies require more research and technologies for which licenses should be sought.

17. The system of claim 14, wherein said invoking means includes presentation means for graphically presenting the intellectual property assets of the target entity per technology class via a radar diagram, wherein said radar diagram provides the acquiring entity with a visual an indication of a technology overlap and identifies technology synergy of merger.

18. The system of claim 14, wherein said invoking means includes means for invoking a Standard Industrial Classification (SIC) based classification tool for generating a SIC based classification, wherein said SIC based classification identifies a scope and magnitude of potential competitors and licensees of patents of a proposed merger.

19. The system of claim 14, wherein said invoking means includes means for invoking a citation count report tool for generating a citation count report, wherein said report identifies the most valuable patents in a company'"'"'s portfolio to further investigate in said due diligence stage.

20. The system of claim 14, wherein said invoking means includes means for invoking a patent count/year report tool for generating a patent count/year report, wherein said report identifies companies who have continuously developed technology related to patents identified by said first stool and who have competence to commercialize competing products to a proposed merger.

21. The system of claim 14, wherein said invoking means includes means for invoking a patent application count/year report tool for generating a patent application count/year report, wherein said report identifies intensity of recent development efforts in the target entity.

22. The system of claim 14, wherein said invoking means includes means for invoking a patent aging graph tool for generating a patent aging graph, wherein said graph identifies a number of years until patent expiration for the intellectual property assets of the target identity, thereby revealing technologies that are young and have the capacity to bring value to a merger between the acquiring entity and the target entity.

23. The system of claim 14, wherein said invoking means includes means for invoking an international class report tool for generating an international class report, wherein said report identifies international classes of the intellectual property assets identified by the first tool for the target entity to depict an area of intellectual property concentration.

24. The system of claim 14, wherein said invoking means includes means for invoking an assignee patent count tool for generating an assignee patent count report, wherein said report provides information relating to where the acquiring entity and the target entity rank in an overall competitive landscape in a primary class area based on a number of issued patents and determines whether a proposed merger will broaden a patent portfolio of the target entity or the acquiring entity.

25. The system of claim 14, wherein said invoking means includes means for invoking an inventor patent count/assignee report tool for generating an inventor patent count/assignee report, wherein said report identifies possible joint development agreements/ventures whereby said report is used to determine if said possible joint development agreement/ventures pose a risk to a possible merger.

26. The system of claim 14, wherein said invoking means includes means for invoking an inventor patent count graph tool for generating an inventor patent count graph, wherein said graph provides an indication of inventors with the most inventions in the intellectual property assets of the target entity identified by the first tool to assist in determining key inventors of said target entity who should be retained by said acquiring entity to continue success obtained by said target entity in an acquisition.

27. The system of claim 14, wherein said invoking means includes means for invoking an inventor data tool for generating inventor data, wherein said inventor data is useful for determining whether a corporate culture of the acquiring entity will be a post-merger compatible fit for a corporate culture of the target entity.

28. A computer-readable storage medium having stored thereon, computer-executable instructions that if executed by an apparatus, causes the apparatus to facilitate a merger and acquisition transaction for an acquiring entity by a method, the merger and acquisition transaction having an identify potential targets stage, an evaluate/analyze stage, a due diligence stage, and a negotiation stage, the method comprising:

receiving identification of a target entity;

receiving a request to invoke a technology classification tool;

performing technology classification processing including;

identifying intellectual property assets assigned to the target entity;

determining the number of intellectual property assets assigned to each technology class in a predetermined set of technology classes; and

graphically presenting the number of intellectual property assets per technology class;

receiving a request to invoke a patent citation tool for a presented technology class; and

for each intellectual property asset in the requested technology class, performing patent citation processing in response to the request to invoke the patent citation tool, including;

identifying forward-cite intellectual property assets which cite the intellectual property asset being processed as a reference;

identifying backward-cite intellectual property assets cited by the intellectual property asset being processed;

color-coding the identified forward cite intellectual property assets and the identified backward-cite intellectual property assets according to a freedom-to-practice metric, thereby generating a color-coded citation tree; and

graphically presenting the color-coded citation tree; and

determining, based on the technology classification processing, whether a strategic fit exists between the acquiring entity and the target entity, wherein criteria for determining a strategic fit includes one or more of;

level of overlap between intellectual property assets assigned to the acquiring entity and the target entity; and

number of complimentary intellectual property assets assigned to the target entity.

29. An apparatus comprising:

a processor; and

a memory storing control logic, that when executed by the processor, causes the processor to;

receive identification of a target entity;

receive a request to invoke a technology classification tool;

perform technology classification processing including;

identifying intellectual property assets assigned to the target entity;

determining the number of intellectual property assets assigned to each technology class in a predetermined set of technology classes; and

graphically presenting the number of intellectual property assets per technology class;

receive a request to invoke a patent citation tool for a presented technology class; and

for each intellectual property asset in the requested technology class, perform patent citation processing in response to the request to invoke the patent citation tool, including;

identifying forward-cite intellectual property assets which cite the intellectual property asset being processed as a reference;

identifying backward-cite intellectual property assets cited by the intellectual property asset being processed;

color-coding the identified forward cite intellectual property assets and the identified backward-cite intellectual property assets according to a freedom-to-practice metric, thereby generating; and

graphically presenting the color-coded citation tree; and

determine, based on the technology classification processing, whether a strategic fit exists between the acquiring entity and the target entity, wherein criteria for determining a strategic fit includes one or more of;

level of overlap between intellectual property assets assigned to the acquiring entity and the target entity; and

number of complimentary intellectual property assets assigned to the target entity.

30. A system for facilitating a merger and acquisition transaction for an acquiring entity, the merger and acquisition transaction having an identify potential targets stage, an evaluate/analyze stage, a due diligence stage, and a negotiation stage, the system comprising:

a first receiving means for enabling a computer to receive identification of a target entity;

a second receiving means for enabling a computer to receive a request to invoke a technology classification tool;

classification means for enabling a computer to perform technology classification processing including;

identifying intellectual property assets assigned to the target entity;

determining the number of intellectual property assets assigned to each technology class in a predetermined set of technology classes; and

graphically presenting the number of intellectual property assets per technology class;

a third receiving means for enabling a computer to receive a request to invoke a patent citation tool for a presented technology class; and

a processing means for enabling a computer to, for each intellectual property asset in the requested technology class, perform patent citation processing in response to the request to invoke the patent citation tool, including;

identifying forward-cite intellectual property assets which cite the intellectual property asset being processed as a reference;

identifying backward-cite intellectual property assets cited by the intellectual property asset being processed;

color-coding the identified forward cite intellectual property assets and the identified backward-cite intellectual property assets according to a freedom-to-practice metric, thereby generating a color-coded citation tree; and

graphically presenting the color-coded citation tree; and

a determining means for enabling a computer to determine, based on the technology classification processing, whether there is a strategic fit between the acquiring entity and the target entity, wherein criteria for determining a strategic fit includes one or more of;

level of overlap between intellectual property assets assigned to the acquiring entity and the target entity; and

number of complimentary intellectual property assets assigned to the target entity.