The Client
The Company had developed technology offering a significant improvement on an existing procedure within Life Sciences, to immobilize proteins onto unique surfaces. The Company licensed its patented technology to a joint venture (‘JV’) with a leading Japanese corporation and the JV was developing a portable point-of-care diagnostic sensor device. The commercialization plan of the JV was targeting the Japanese territory. The JV was expected to generate more than a quarter of the Company’s total revenue.
The Assignment
We were introduced by the Company’s attorneys and subsequently engaged by the Company to provide an independent valuation of its key patent that was the subject of litigation. The valuation was required to support the Company in demonstrating the likely loss incurred suffered as a result of the premature lapse of the patent in the Japanese territory, following a failure by the Company’s patent attorney.
Our Approach
Utilizing our Metisology® approach we appraised the extent and quality of the patent to assess how critical it was to the product of the JV and how it would likely create a strong barrier to entry in the market in which it was being commercialized. Our sector & market analysis was vital in providing referenceable market comparables, economically sound estimates of expected growth rates in the sector, and in demonstrating immediate and growing demand for the JV’s patent-backed product, that withstood third party scrutiny.
The Outcome
Our report was relied on by the Company and its corporate attorney in their ongoing legal action against the Company’s prior patent attorney. Our IP valuation provided our expert opinion on the expected value of the patent, at the date of lapse, based on the proven opportunity afforded by the JV’s product in the territory in which it was being commercialized. The Company was successful in recovering damages that covered the potential losses, supported by our IP valuation, that resulted from not having the necessary protection of its core technology within the Japanese territory. IP Assets Valued: Patent