Nathan’s experts have provided strategy advice and guidance on numerous IP issues to clients around the world. Representative confidential engagements have included:
- In the Eastman Kodak bankruptcy, we advised the Second Lien Noteholders Committee on the value of two large portfolios of digital imaging and internet imaging patents auctioned in a 363 sale. The clients used our analyses to guide their trading and investment decisions.
- In the Nortel Networks bankruptcy, we advised counsel for the US Unsecured Creditors Committee on a range of issues related to the value of the debtor’s patent portfolio, the distribution of the proceeds resulting from the patent auction, and strategies related to the bankruptcy litigation in the US, Canada, and Europe.
- We authored a white paper for the holder of a large portfolio of video compression Standard Essential Patents (SEPs) on the range of Fair, Reasonable and Non-Discriminatory (FRAND) royalty rates for its licensing program, with a particular focus on potential Chinese licensees.
- We advised a private equity investor and performed due diligence relating to the value of a large portfolio of cellular infrastructure patents that it planned to invest in. Based upon our analysis the client invested in the transaction.
- We valued a portfolio of patents, license rights, and a DNA sample library owned by a distressed biotechnology start-up on behalf of a strategic investor.
- We advised a large manufacturer of DRAM and related memory devices on value and strategic sale of a large patent portfolio to maximize patent value prior to it being acquired by an industry competitor.
- We were retained by a private equity firm to put together a financial, valuation and legal team to perform due diligence on a proposed patent financing transaction. The firm was proposing to fund the acquisition of a large portfolio of cellular and telecommunications technologies. Based upon our diligence, the transaction was completed and the company was funded.
- We advised the members of a Standard Essential Patent (SEP) pool and licensing consortium on strategies to accelerate the success of the consortium’s licensing program.
- We advised a large memory devices company on the potential licensing and royalty exposure implications of a planned strategic business decision.
- We advised the owner of a user interface software patent on its litigation strategy, including the obtaining of financing, selection of trial counsel and the negotiation of their engagement terms.
- We advised the holder of a portfolio of patents related to cement manufacturing technologies on the monetization strategy and valuation of its patents.
- We advised a biotechnology company working on bovine-related drug development on the value of its patents and the structuring of a merger and related financial transactions.
- We advised the Board of a large internet company on the strategic value of its substantial patent portfolio which ultimately led to the sale of a large portion of the portfolio to industry participants.