Intellectual Property and Non-Profits

Intellectual Property

And Non-Profits

About Your Speaker

Andrew L. Eisenberg

- IP Attorney – Lee & Hayes, PLLC- General Counsel – Audiotoniq, Inc. - Associate – L.C. Begin and Associates - Dell, Inc.

- University of Michigan – B.S.E. - University of Notre Dame – J.D.

Growth of Intellectual Property

S&P 500 S&P 500

1970

Intangible

Today

Intangible

Tangible

Tangible

- Copyrights - Creative Expressions

- Trademarks - Identifiers in Commerce

- Patents - New, Useful, and Non-Obvious

Type of Intellectual Property 

- “Good Will” associated with the Company

- Family of Marks

- Trade Dress (if you have a product)

- Protect Company Growth

Brand Value and Trademarks  

Brand Value Example

V.

- Strategic Partners

- Vertical/Horizontal Licensing

For-Profit Partners 

“Innovation and invention are the life blood of AMF. When our scientists discover novel technology, inventions are documented and reviewed internally by a multi-disciplinary group representing science, legal, operational, clinical and regulatory groups. Inventions are subjected to a patentability review, and ultimately patents are filed in the United States and selected foreign countries. AMF currently holds over 140 US patents and 80 foreign patents covering a wide range of technologies. We develop products around these technologies, and hope to license or sell the rights to these products in order to commercialize them and, through royalties and other payments, bring revenues back to AMF to continue to fund further work in pursuit of our mission.” 

Alfred Mann Foundation 

- Build good will by telling stories of “people we have helped”

- Build good will by telling stories of “past accomplishments” (or products launched) - Ask for donations for their “Current Focus” or build new technologies 

Alfred Mann Foundation Cont’d 

“Our mission, "So the World May Hear," is about bringing understanding between people through caring and sharing. We believe caring develops trust and by sharing we find our humanity. We believe by growing engagement in this cause that we can increase

tolerance and respect for life..” 

Starkey Foundation  

- Public Service Arm of Starkey Hearing Technologies

- Starkey Hearing Technologies does the development and IP related activities - Starkey Foundation collects donations and uses the donations to buy hearing aids from Starkey Hearing Technologies for the hearing impaired 

Starkey Foundation Cont’d 

- EMI, RPX, other Aggregators

- Merchandising Rights

- Non-Practicing Entities 

Licensing Revenue  

- Donation of a painting with Copyrights attached

- Sell or license the right to make copies (e.g., prints or lithographs)

Licensing Example 

- Platform Play

- Develop by Ericsson and spun off as a not-for-profit

- Published the specification and allow everyone to license the patents for free - License the “Bluetooth” trademark to companies incorporating Bluetooth in their products 

Bluetooth Special Interest Group (SIG) 

- Typically are based on all tangible and intangible assets

- Most banks give no credit to IP

- Bank may extend revolving credit lines when your intangible assets are valued

- Bank may grant a new loan when IP is valued and insured

Credit Lines  

- Law Firms - Take 33%

- Subsidiaries- Bring on investors to

support enforcement (like a start-up)

Enforcement Revenue  

- Aggregators

- Non-Practicing Entities - OceanTomo/ICAP 

Sell Unwanted IP 

Questions?

Andrew Eisenberg 512.456.5140 | andrew@leehayes.com13809 Research Boulevard, Suite 405 | Austin, Texas 78750