Making Patents Pay: Monetizing Dormant Assets in an Economic Downturn

As the global market lingers on the precipice of a significant economic recession, businesses will be hard-pressed to find reliable sources of revenue. In this article, Kobre & Kim’s global intellectual property and technology litigation team unpacks why once-dormant IP assets could be the solution to the aforementioned problem, given that patents are not market correlated, and recent conditions for enforcement in the U.S. have been steadily rising for the past year.


April 15, 2020

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Any economic downturn puts pressure on businesses to generate cash from all available sources. Though intangible assets account for the vast majority of corporate value, patents often lie dormant, without producing value for their owners. Active assertion of patent rights can generate meaningful returns for patentholders, as demonstrated by numerous recoveries in the hundreds of millions of U.S. dollars in the last year.

Kobre & Kim’s IP team outlines why the legal conditions for monetization of patents have improved, making this an important time for businesses, their investors and their advisors to review their patent holdings to identify and deploy assertable IP holdings.

The U.S. remains the largest and most important jurisdiction for intellectual property disputes.

Why Should Patent Owners Put Their Patent Assets to Work Now

  • Patents are not market correlated.
  • Often dormant, IP assets present an opportunity for an entirely new source of cash and revenue.
  • Developing an enforcement campaign can be conducted remotely, and put idle personnel to work.

About Kobre & Kim’s global Intellectual Property and Technology Litigation Team

Kobre & Kim is a conflict-free international law firm focusing solely on disputes and investigations. With a particular focus on high-value patent infringement litigation, we represent select patent holders in the enforcement and monetization of their intellectual property rights. We are tailored for industry-wide disputes that often require cross-border capability.