More name brand companies have very publicly monetized non-core IP assets in recent years. Do you see this as an enduring trend?
Yes, absolutely. There are no signs of this trend slowing down anytime soon. And it makes perfect sense—owning patents is costly. Monetization provides a potential revenue stream (particularly where the company’s commercial efforts are not aligned or no longer aligned with their patent portfolio), and there are often competitive business objectives that can be furthered through monetization. Non-recourse capital from funders such as Burford and the availability of financed divestitures continue to be attractive options as well.
How do you see these more public forays into monetizing IP impacting the way companies approach managing and leveraging their patent portfolios?
I think that many companies will be taking a closer look at precisely what patent assets they have, how those assets correspond with their broader business objectives and what they can do to address any lack of alignment or optimization of those assets.
Before joining Burford you were an IP litigation partner at an AmLaw 100 law firm. How can law firm lawyers better support clients’ success given the shifting patent monetization trends?
Educating yourself about options for monetizing directly or indirectly and with or without financing can equip you to offer relevant solutions for your clients and hopefully create additional opportunities for your firm. An open mind and a willingness to identify opportunities that perhaps clients haven’t fully investigated for themselves can add significant value. More than anything else, a curiosity about what your clients’ concerns are and really listening to those concerns is invaluable. And dare I say—call me anytime!
You’re the Vice President of the Chicago Chapter of the Women’s Initiatives in Law and you’ve spoken about Burford’s Equity Project initiative. How do you assess the diversity gap in the leadership of commercial disputes, and how can initiatives like these help?
In my experience, I’ve witnessed a lot of brilliant female lawyers who are in slightly more “behind the scenes” roles than their male counterparts, managing and doing a lot of the hard work leading litigation teams, but who have not fully broken through to be recognized as “rainmakers” in their practice groups or firms. There are a lot of reasons for this, but I think awareness and having more difficult conversations earlier is crucial. The Equity Project facilitates discussions both on the law firm side and on the company side about who is leading teams, who is getting credit for those matters and what can be done to align law firm and client interests. I firmly believe that there are more female and diverse attorneys well-qualified to successfully lead more high-stakes commercial legal disputes, and I interact with them regularly in the Coalition and otherwise in the patent world. I’m proud that The Equity Project represents Burford’s genuine commitment to investing in these talented attorneys and their matters.
5... pieces of advice you would give your younger self?
- Take care of yourself first, then stress about work. Pushing through for too long adds up and ultimately fails.
- Nothing is permanent.
- Don’t let fear get in the way of what you want.
- You can be kind without having to be inauthentic. Not everyone will be for you and that is okay, but being authentic will help you find your most important, longest lasting relationships.
- Get a puppy – don’t wait!