Overview
Syndefense provides advisory and consulting services to support the realization of strategic intellectual property (“IP”) activities of operating companies, research institutions and universities. The objective of these services is to contribute to the development and preservation of a new generation of industries having innovative technology and IP as its core competence.
Our firm has a network of experts with a wealth of experience and proven track records doing IP evaluations, technical analysis, patent mapping by technology, market intelligence, business analysis, M&A, financing, taxation and market entry proposals.
IP is an integral part of enabling innovation and collaboration. Syndefense can help your firm in leveraging IP for entering markets, establishing new businesses, and protecting existing businesses. Syndefense also offers IP services related to business alliances, mergers and acquisitions and also offers a platform to gain access to the financial markets. Syndefense offers advisory and consulting services for both owners and buyers of IP assets as well as licensors and licensees of the IP rights through rational and strategic transactions.
Syndefense's core service include:
IP asset acquisitions or license-in to protect businesses from IP based attacks.
Advisory and project management services toward effective IP monetization.
Advisory services toward IP driven business alliances or M&A
IP driven investment capital raising and partnering with IP funds, private equity funds and state owned enterprises.
IP reviews for market entry or exit strategy.
PAE Risk management.
Syndefense does not promote IP monetization through a PAE (Patent Assertion Entity) model. Syndefense conducts activities solely for the benefit of the patent owners, potential licensees and patent buyers as opposed to conducting activities to maximize the benefit of patent monetization business promoters. Syndefense provides advisory services and platforms to reduce PAE risks of operating companies or to reduce PAE litigation costs by facilitating settlement of pending IP disputes.
Core Services
1. IP asset acquisitions or license-in to protect businesses from IP-based attacks.
Emerging companies expanding globally face the risk of IP assertion at a rate directly proportional to their growth. The more successful a new company is, the more likely the company will be attacked by patent holders. Syndefense supports the building of defensive patent portfolios for high-growth operating companies to avoid patent risks that may hinder business continuity. Syndefense provides one-stop advisory and management services to support defensive patent portfolio building through patent acquisitions, and by formulating successful strategies for licensing patents and solving patent disputes. Syndefense, with its collaborative network of partners, has a wealth of experience in IP evaluation, technical analysis, patent strength mapping, market intelligence, and business analysis. Through our services we can enhance the strategic value of IP portfolios.
2. Effective IP Monetization using Owner’s Own In-house Resource
The necessary resources required for patent monetization include technical experts, market analysts, legal experts and a network of global IP executives. Operating companies frequently lack the essential resources that Syndefense provides such as expertise with patent monetization and a global network of relationships across different industries. Patent monetization projects include licensing of patents to companies that need access to the patented technologies or patent sales to companies needing defensive patents for dispute resolution with competitors. Syndefense acts as a project manager and works with operating companies’ own in-house resources. Syndefense organizes a team that includes the clients’ own in-house professionals from business units, R&D, marketing, finance, legal, and the patent department. Syndefense leads the in-house team to plan, review and execute the project. Since Syndefense has access to its clients’ in-house resources and does not need to hire staff to provide these services, Syndefense can provide highly competitive service fees. Syndefense provides project management services for both patent monetization projects by patent owners, and for defensive projects such as obtaining licenses or acquiring IP assets.
3. IP driven business alliance or M&A
Patents typically used for patent monetization are patents that relate to discontinued products or services. In some cases, the patent owner still owns business functions such as manufacturing facilities, technical experts, or distribution channels. Prospective licensees or buyers of the patents are typically the operating companies who are still in or planning to offer that product/service. In such cases, facilitating patent transactions in combination with M&A creates a significantly higher value creation for both sellers and buyers. To enhance Syndefense's ability to support IP-based M&A transactions, Syndefense has engaged with Deloitte Tohmatsu Financial Advisory (DTFA) as partners on this effort. By leveraging DTFA's global network in accounting, tax, business, and technology with its over two hundred thousand Deloitte employees worldwide, our team can provide one-stop advisory services. Our services include selection of M&A acquisition/divestiture targets, intellectual property due diligence, intellectual property acquisition/divestiture structuring, valuation related to licensing, and support with the structuring/scheme of forming an intellectual property fund.
4. IP driven investment capital raising and partnering
Operating companies sometimes choose to sell patents to a PAE for quick assignment revenue. This occurs when operating companies do not have a sufficient budget to monetize patents. In such cases, Syndefense can use its Collaborative IP fund and platform to offer project financing to support the company’s own patent monetization efforts and avoid outflow of the patents to a PAE’s patent market. Syndefense manages and operates the IP Fund. The IP Fund is funded by cash or patent investments from operating companies that support Syndefense and its partners’ efforts to deter the patent owner from selling patents to PAE’s. Syndefense, with its partner’s collaborative services, manage the fund to invest the funded assets to finance operating company’s own projects or license or sell acquired patents to operating companies for a minimal transaction cost.
5. IP leveraged timely market entry and exit strategy advisory.
Companies are always required to review and restructure its business portfolios. Getting out form down-trend-market well in advance, and getting prepared to enter into an emerging market is the key to success. State-of-the-art business and IP asset acquisition can provide companies with new business opportunity that allows for the creation of cutting-edge products & services without years of research & development investments. Syndefense can work together with your team on planning your IP leveraged new market entry strategies and locates prospective businesses with solid IP portfolios.
6. PAE Risk management
Syndefense provides a syndicated platform to defend an operating company’s business from patent assertions. If problematic patents are available in the patent market, Syndefense purchases these patents to prevent a purchase by a PAE. These acquisition costs will be shared by the operating companies who recognize the risk. If the patents have already been acquired by PAE, Syndefense tries to buy the patents or obtain licensable rights through a fund contributed by operating companies. As a hypothetical example, if an operating company that owns valuable patent assets goes bankrupt, the trustee puts the patent assets up for sale. Syndefense and its clients will work together and buy the assets with syndicated funds contributed by operating companies who recognize the risks. In this manner, operating companies can reduce risk management costs through cost sharing among syndicated participants.
In case of pending PAE litigation, to reduce PAE litigation costs of operating companies, upon request, Syndefense will act as a facilitator to settle the case.
In defensive cases in general, Syndefense and its professional partners provide advisory services on the defensive strategies, including patent infringement or validation analysis, prior-art search or invalidation.