Between the Lines

Larry Dignan, Andrew Nusca and Rachel King

Welcome to the patent valuation bubble

By | August 17, 2011, 1:03pm PDT

Summary: In this patent bizarro world, Kodak looks like a screaming buy and no-names like InterDigital get tech giants to drool. You can thank Google’s Motorola Mobility purchase and the Nortel patent auction for this nonsense.

If the bidding for Nortel’s 6,000 patents—$4.5 billion in cold hard cash—and Google’s patent-happy $12.5 billion purchase of Motorola Mobility stretched intellectual property valuations just wait for what’s in store.

Simply put, any company with a significant technology patent portfolio will be in play. The patent arms race is on and now the valuation for patents has been set at “ridiculous” cash-rich companies have the go-ahead to gobble up portfolios that would have tanked stocks just a few years ago.

Let’s round up the latest indications that we’re in a patent valuation bubble.

And I thought HTC’s $300 million purchase of S3 was a bit of a stretch. Silly me.

Kodak’s claim to fame is a bevy of digital imaging patents. These patents are at play in every smartphone given that the devices double as cameras. From Kodak’s perspective, the patent valuation bubble couldn’t have been better timed. The company wants to monetize its patents to cover its cash flow burn.

At this point everything patent looks great as technology companies stock up on intellectual property that could be used to sue or fend off a lawsuit. This frenzy would be comical if it weren’t such as waste of the balance sheet.

Related patent items: Software patents: Lots of whining, but reform unlikely

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Topics

Larry Dignan is Editor in Chief of ZDNet and SmartPlanet as well as Editorial Director of ZDNet's sister site TechRepublic.

Disclosure

Larry Dignan

Larry Dignan has nothing to disclose. He doesn’t hold investments in the technology companies he covers.

Biography

Larry Dignan

Larry Dignan is Editor in Chief of ZDNet and SmartPlanet as well as Editorial Director of ZDNet's sister site TechRepublic. He was most recently Executive Editor of News and Blogs at ZDNet. Prior to that he was executive news editor at eWeek and news editor at Baseline. He also served as the East Coast news editor and finance editor at CNET News.com. Larry has covered the technology and financial services industry since 1995, publishing articles in WallStreetWeek.com, Inter@ctive Week, The New York Times, and Financial Planning magazine. He's a graduate of the Columbia School of Journalism and the University of Delaware.

For daily updates, follow Larry on Twitter.

Talkback Most Recent of 22 Talkback(s)

  • RE: Welcome to the patent valuation bubble
    Patents have become just a big blobs of something. It is impossible not to infringe on one but if your blob is big enough you are safe.
    ZDNet Gravatar
    paul2011
    17th Aug
  • It was a nightmare looking for a sleeping head to invade.
    It wasn't hard to see, even a few years ago that this is probably where things were heading in the high tech patents world. How many times right here on this website has it been reported that some company X is suing some company Y over some ridiculous patent. Or that some company Z had just been awarded a patent for the banana peeling by hand method. Drawings included.

    It seems to me that anyone who has had an opportunity to talk to anyone in the know in the tech field can tell you that far far too many patents are handed out for things which are somewhat less then highly inventive, and in fact are often nothing more then "the most convenient way" of doing something.

    Its one thing to hand out a patent for something truly unique, a solution to a difficult problem that had NO obvious answer and in fact took considerable effort to come up with a solution at all, a solution not easily arrived at by anyone trained in the art so to speak. Its quite another to hand out a patent for something for little more reason than someone came to the patent office with the idea first. Thats pure nonsense and as such, like all pure nonsense, if you use that pure nonsense to build a foundation for anything its going to be a foundation of errors and its going to lead to trouble eventually.

    With all the years of ridiculous patent squabbles it was clear that if something didn't happen to straighten things out it would eventually lead to an all out patent war. And while wars may be won by men, its fought with weapons and in a patent war the patents are the weapons and its not hard to spot the arsenal stockpiles building up.
    ZDNet Gravatar
    Cayble
    18th Aug
  • RE: Welcome to the patent valuation bubble
    @Cayble

    Wouldn't it be grand if AFTER all the major parties involved spent even more billions of dollars buying up any company that had some IP, the entire IP patent system was abolished? I would LOL!
    ZDNet Gravatar
    michaellashinsky@...
    24th Aug
  • Thanks to Google?
    This BS has been ramping up for 20 years, ever since congress decided by fiat that software was patentable. I know it's just a blog, but a little research would be nice.
    ZDNet Gravatar
    tkejlboom
    17th Aug
  • Congress didn't do it
    @tkejlboom
    The Federal Circuit did. Then Congress did nothing.
    ZDNet Gravatar
    John L. Ries
    17th Aug
  • RE: Welcome to the patent valuation bubble
    @John L. Ries
    +1. precisely
    ZDNet Gravatar
    Rama.NET
    17th Aug
  • ZDNet Gravatar
    baggins_z
    18th Aug
  • ZDNet Gravatar
    big red one
    18th Aug
  • RE: Welcome to the patent valuation bubble
    You are looking at the next round of how wealth is extracted from the economy in totally unproductive ways.

    The "dot-co m n " bubble was one other fine example.

    The mortgage meltdown mess is a more recent example.

    As long as sheisters lawyers, and "wet behind the ears" MBA wanna-bes business school graduates ru in businesses; this stupidity will not stop.

    Hang on, the ride is going to get bumpy.
    ZDNet Gravatar
    fatman65535
    17th Aug
  • RE: Welcome to the patent valuation bubble
    @fatman65535
    Yes.
    There seems to be a pattern there.

    In due course the patent bubble will bust too.
    There is going to be a LOT of re-evaluation of companies' assets then.
    Pretty suddenly almost all the "value" tied up in "patents" will disappear.
    It is going to look very ugly.
    ZDNet Gravatar
    hkommedal
    19th Aug
  • RE: Welcome to the patent valuation bubble
    It is the new Technology methodology.. Create something new and innovative, rest on your laurels in your little niche or sue the competition back to the stone age.
    My first run in with this mentality was working for a company that developed PCI Bus Expansions.. Developed a cardbus system and guess what? Someone had a patent for any box with a connector at either end to connect two devices together. Seriously. So the cardbus interface (PCMCIA to some out there) required a license and royalties per each unit. They did not design anything we used.. not even the box dimensions.. from Cardbus to a shoebox in size, it all counted.. now how STUPID is the patent system? (no need to answer, that was rhetorical.)
    ZDNet Gravatar
    Putertechn
    18th Aug
  • RE: Welcome to the patent valuation bubble
    @Putertechn
    "now how STUPID is the patent system?"

    Expensively stupid.
    When it collapses, and it will, a whole lot of otherwise well founded companies will end up in deep trouble.
    ZDNet Gravatar
    hkommedal
    19th Aug
  • RE: Welcome to the patent valuation bubble
    I'm sending in a picture of my fingerprint and applying for a patent on "Any pattern on the end of fingers and toes." If any of you then use these extremities I shall sue all all 7 billion of you thieves. Of course, you can avoid my lawyers's wrath by licensing my fingerprint technology and paying me a royalty. I'll provide an offshore account number for you to deposit my money and you shall be given a certification that you are allowed to use your fingertips again.
    ZDNet Gravatar
    idenchasy
    18th Aug
  • RE: Welcome to the patent valuation bubble
    @idenchasy
    Sorry, I sent in that patent yesterday wink
    ZDNet Gravatar
    athaki
    18th Aug
  • RE: Welcome to the patent valuation bubble
    @idenchasy Actually, we don't use fingerprints just to do stuff. You need to sue the city, county, state and federal officials that acquire fingerprints, store fingerprints, compare fingerprints and present evidence in court. I'm sure they'd be happy to license that from you - retroactively, of course.
    ZDNet Gravatar
    big red one
    18th Aug

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