In-depth reporting and analytical commentary on intellectual property disputes and debates. No legal advice.

IP Dealmaking Opportunities

Fray Media, the publisher of ip fray, has a mix of a traditional media business model and innovative revenue streams for this kind of business. Here’s what we can do for you in patent-related dealmaking contexts. Please reach out to ip fray‘s founder Florian Mueller by email (fm at this website’s domain) if there is a specific dealmaking opportunity among the options below that you would like to explore further. It goes without saying that anything discussed in a dealmaking context is kept confidential and will not be discussed on this website or anywhere else without your consent. We are, of course, prepared to enter into non-disclosure agreements early on.

We welcome inquiries from patent holders, defendants (in the insurance context) and outside counsel.

  1. Litigation finance and other fundraising
  2. Litigation insurance for plaintiffs as well as defendants
  3. Patent sales and acquisitions
  4. Licensing under out-of-the-ordinary parameters

Litigation finance and other fundraising

Fray Media has already brought a U.S. litigation firm and its chosen lender together for a transaction in the middle eight figures (presently in final due diligence). For similarly large opportunities, we may refer potential new clients to this one for a reference.

We analyze your ongoing or envisioned litigation campaign so we understand the opportunities as well as the risks. On that basis, we will discuss with you how potential lenders may view the risk-reward ratio, and help you present your investment case to them. Our contact base in the “litfin” community is very strong, and to the extent that the world’s major lenders fund patent litigation, they tend to read this website.

Depending on the specifics of your financing needs, we will either propose to represent you (in which case we will try to find the best deal for you), or we may in certain situations work for a particular lender if we consider that to be the most promising structure.

If you have a different kind of investment opportunity to offer, such as a startup in an IP context or with a strong IP position that is looking for venture capital, we will also take a look and let you know if we believe we can add value. Fray Media’s founder acted as an intermediary between a major Silicon Valley venture fund and a company that was sold in a $1B deal named the European Venture Deal of the Year by a venture capital and private equity industry association.

Litfin criteria

  • no strict industry focus (though we understand digital technologies better than, say, pharma or chemistry)
  • minimum settlement expectation: US$10 million
  • minimum funding amount: US$1 million
  • U.S. and/or UPC and/or UK cases (or arbitrations)
  • client-level or firm-level financing

Litigation insurance for plaintiffs as well as defendants

Litfin is not the only option for risk transfers. Litigation insurance may be an alternative for you or your clients, or you may view it as a means of reducing risk so you have better access to funding.

Note that unlike litigation funding, litigation insurance is also available to defendants.

We will evaluate in each case whether it makes most sense for us to take a commission from a particular organization or whether we will act on your behalf and talk to different third parties.

Litigation insurance criteria

  • no strict industry focus (though we understand digital technologies better than, say, pharma or chemistry)
  • minimum value to be insured: US$1 million
  • preferably U.S. and/or UPC and/or UK cases

Patent sales and acquisitions

We are not planning to build an “eBay for patents,” but if you wish to sell or acquire patents, we can

  • identify opportunities in our contact network and
  • optionally also use this website to draw attention to a deal opportunity.

We have already reached out to select patent holders (or their outside counsel) on behalf of a major company looking for strategic acquisitions in certain areas, and will be more active in that regard. We are in contact with interested buyers among operating companies as well as licensing firms.

Patent sales & acquisitions criteria

  • industry focus on digital technologies (unless we reach out proactively)
  • minimum transaction value: US$1 million
  • if you wish to sell, claim-charted patents are preferred; we will, in any event, need to discuss with you what licensing opportunities exist
  • no strict geographic limitation, but at least one member of a given patent family should normally be registered in the U.S. and/or a major European market and/or China

Licensing under out-of-the-ordinary parameters

We view ourselves as a potential licensing agent in situations in which there are unusual requirements, such as the need to pursue strategic objectives beyond (or even instead of) the common objective of income maximization.

If you believe that your licensing project involves special parameters that are not served by traditional licensing agents or pool administrators, please feel free to reach out.

Licensing business criteria

  • preferably in digital technologies
  • minimum expected licensing income: US$2 million (over the course of a multi-year contract)
  • claim-charted patents are preferred
  • no strict geographic limitation, but at least one member of a given patent family should normally be registered in the U.S. and/or a major European market and/or China

Contact us if you believe your opportunity and our expertise are a fit.

Again, Florian Mueller’s email address is fm at (this website’s domain).