Maxiam^®'s mission is to maximize intellectual property value for its clients by providing premier intellectual asset management services and solutions.

ABOUT IAM

Change

One hundred years ago, companies made products. Manufacturing drove the economy. Now it's all about ideas. Knowledge is the foundation of today's economy. In fact, up to 85% of the market capitalization of today's Fortune 500 now lies in intellectual assets, rather than traditional tangible assets. (Source: The Gartner Group, October 2001) And much of this corporate value walks out the door at the end of each workday, as employees take home their knowledge, skills, and memory. Understanding, recognizing, and capturing this new kind of value is elusive and critically important.

Patents may now be as important as products. Trademarks carry more weight than steel. And most companies are just beginning to notice.

Reaction

Forward-thinking companies are reacting. They are strategically managing their intellectual assets — patents, trademarks, copyrights, trade secrets, data, business methods, and company know-how — to ensure success in today's knowledge-based business environment. This is Intellectual Asset Management (IAM) — the complex process of identifying, leveraging, managing, creating, and deploying intellectual assets to maximize their value.

IAM is fundamental to business strategy and, in many cases, necessary for survival. The end benefit is clear — increased value for a company and its shareholders. What was once visionary has now become essential.

Impact

Those who implement effective IAM will realize immediate financial gain and secure strong competitive advantage. Those who don't will fall behind. Consider the impact of IAM. Effective strategies have yielded literally billions in incremental value for companies like IBM and Texas Instruments. Consider the risks of not implementing IAM and losing immeasurable competitive advantage. (see sidebars)

From protection against infringements to the strategic development of new products, IAM has far-reaching implications. It affects not just legal affairs, but total corporate strategy at the executive level. Consider Microsoft whose market capitalization is 99% intellectual assets. For them, and now all of us, IAM is business management — fully integrated, highly strategic, and critical.

Convergence

The IAM process requires the integration of business, legal, and technological expertise. These disciplines converge to identify intellectual assets within a company, uncover their often hidden value, and create new assets that capitalize on market opportunity. IAM also builds a corporate infrastructure to capture, retain, and manage this knowledge for the long term. The complexities and intricacies of IAM bring many companies to industry specialists, like Maxiam^®, to advise, develop, plan, and implement their IAM solutions.

Results

The end result is maximized value. Effective IAM helps companies fully realize the value of current intellectual assets, create new value with new assets, increase financial return and enhance value for shareholders. IAM empowers and positions businesses to compete and win in today's knowledge-based world.

Patents may be as important as products. Trademarks carry more weight than steel. And the companies who adapt are the companies who win.

ABOUT MAXIAM^®

Foundation

Maxiam^®'s mission is to maximize intellectual property value for its clients by providing premier intellectual asset management services and solutions. Headquartered in Washington, DC, Maxiam^® operates internationally with offices in Los Angeles, Silicon Valley, San Francisco, and Brussels.

Maxiam^® is affiliated with The CapAnalysis Group, LLC and teams with their economic and financial professionals to provide comprehensive support to clients. CapAnalysis specializes in assisting clients in all types of intellectual property, antitrust, and complex business litigation matters; corporate and regulatory investigations; business and intellectual property valuations; and numerous other matters. The affiliation with CapAnalysis offers unmatched access to high level economic and financial analysis which is key to the effective valuation and strategic management of intellectual assets. For more information on CapAnalysis, please visit www.capanalysis.com.

Professional Staff

DR. DONALD L. MARTIN is Managing Director of Maxiam^®, LLC and has over 25 years experience as an economic consultant and expert witness. His areas of economic expertise include intellectual property (IP), antitrust merger and litigation work, and commercial and antitrust damage analysis. Dr. Martin has applied his intellectual property expertise (IP asset valuation, reasonable royalty and lost profits estimation) to a wide variety of industries, including defense, composite materials, semi conductors, energy, telecommunications, software and many others. These analyses have been informed by Dr. Martin's expertise in analyzing the elements of market competition and how and under what conditions they may influence intellectual property values. He has extensive experience testifying before federal and state courts, the United States Court of International Trade, the International Trade Commission and the European Commission. Dr. Martin is also Chairman of The CapAnalysis Group LLC.

MR. KENNETH OLSEN is Director of Maxiam^®, LLC and has over 30 years of Intellectual Property and Intellectual Asset Management experience, as well as numerous contacts with corporations worldwide.

Prior to joining Maxiam^®, Mr. Olsen spent five years with Sun Microsystems, Inc. During his time as Sun's Vice President and Chief Intellectual Property Counsel, Mr. Olsen was responsible for all acquisition, licensing and litigation issues related to Sun's patent, trademark and copyright portfolios, as well as all legal issues arising from the activities of the Chief Technology Officer and Sun Labs. Prior to joining Sun, Mr. Olsen spent 22 years with Schlumberger Limited. Before attending law school, he spent one year as an engineer and five years on active duty in the Civil Engineer Corps of the U.S. Navy at duty stations in Boston, Central Florida, Saigon, South Vietnam and Pearl Harbor.

MR. WILLIAM BRUNE is an Intellectual Asset Management Senior Advisor. He has over 21 years of experience in financial management and over 13 years of experience in litigation consulting with an emphasis on intellectual property. He has focused on a number of areas such as valuation, royalty surveys, royalty audits, damages litigation, and competitive analyses. In addition to his experience in preparing intellectual property damage estimates in the areas of patent, trade secret and trademark infringement, Mr. Brune has extensive experience in cost accounting and capital asset valuation. He is a frequent CLE presenter on accounting and damages discovery issues. Mr. Brune is also a Vice President with The CapAnalysis Group, LLC.

DR. NISHA MODY is an Intellectual Asset Management Senior Advisor. Her practice has included many areas of intellectual asset management, including valuation of intellectual property assets, damage litigation, dispute resolution, and licensing negotiations. She has focused her intellectual property work in the biotechnology, pharmaceutical and medical device industries. In addition, Dr. Mody has extensive litigation consulting experience in the areas of antitrust, complex litigation, and contract disputes. Dr. Mody is also a Managing Principal with The CapAnalysis Group, LLC.

MS. EVY WILD is an Intellectual Asset Management Senior Advisor. Her background includes considerable experience in litigation support, intellectual asset management and forensic accounting. Ms. Wild has served as an advisor on several intellectual property (IP) matters, including registrations, infringements, licensing negotiations, dispute resolutions, valuations and competitive assessments. She has performed data mining techniques to identify underutilized intellectual assets for licensing, as well as assisted companies with IP management systems and corporate strategies. In addition, Ms. Wild has planned and performed financial analyses across a broad range of industries to determine losses and/or damages for lost profits, as well as provided measurements for unjust enrichment and intellectual property claims involving reasonable royalty rates and disgorgement of profits. Her experience also includes royalty audits, loss or damages for business interruption and asset tracking for dissolution of marriages. Ms. Wild is also a Vice President with The CapAnalysis Group, LLC.

DR. KEVIN W. CHRISTENSEN is an Intellectual Asset Management Advisor. Dr. Christensen received his Ph.D. in economics from the University of Florida in 2006. Prior to graduate school he was a consultant for Ernst & Young, LLP. As a graduate assistant, Dr. Christensen taught The Economics of Science, Technology, and Innovation, an undergraduate elective that covered topics in industrial organization, patenting, and venture capital. His recent work includes patent portfolio benchmarking for companies and their nearest competitors and litigation involving both antitrust and intellectual property issues. His research focuses on the economics of technological change and factors that may affect patent application approval.

MAXIAM^® SERVICES

Specific IAM services provided by Maxiam^® include:

Intellectual Asset Management Consulting
A Company's intellectual asset strategy defines the roles and/or objectives for how the company creates value while its corporate strategy defines how the company extracts value from these assets to generate revenue. We will determine what role the client's intellectual assets play in the company, such as to protect and enhance market positions, protect and enhance technology, reduce costs, improve productivity, manage profitability, and manage growth. Maxiam^® will assess whether the client's intellectual asset utilization strategy is consistent with its corporate strategy. We help the client define an intellectual asset business plan and the processes for its implementation on a Global basis. We define the client's infrastructure (people, processes and technology) required to maximize revenues generated from the company's IA.

Intellectual Asset Portfolio Management
We review our client's IA holdings and organize existing IA into logical portfolios to fully exploit IA value through focused licensing/sale and lease back programs in concert with proactive enforcement of IA rights.

Our IA portfolio management services also include:

• IA valuations (for acquisitions, sales, joint ventures, merger transactions, cross-licensing negotiations, securitization using intellectual assets, and tax-related activities as discussed below)
• Licensing consulting (market surveys of royalty rates and license terms and drafting of terms and provisions)
• Maintenance and auditing existing license agreements
• Developing joint ventures, joint development agreements, and strategic alliances
• Developing spin-offs

Competitive Assessments
We perform a competitive assessment to provide the client with a profile of its IA portfolio as well as an analysis of the company's market competitors, the future direction of the technology-related market fields, and an assessment of the competitive landscape.

Intellectual Asset Business Process Management
We develop a recommendation for a company to build or outsource a functional capability to systematically create and extract maximum value from its existing and future corporate intellectual asset portfolio.

The recommendations will include requirements for people, processes and technology based on "best-in-class" practices and benchmarking of existing licensing organizations.

Portfolio Mining and Analysis
In conjunction with technology experts, we review the client's IA portfolio to find potentially lucrative patented technologies for sale, licensing, donation or other monetization instruments. We also assist in developing the business case, identifying licensee/buyer candidates, and coordinating the licensing/sales negotiations with client legal counsel and with our own licensing experts. Valueless patents are also identified for "pruning," with a corresponding savings of maintenance fees.

Intellectual Asset Strategic Tax Consulting
We help clients in the formation of intellectual asset holding companies which enables an organization to create an autonomous business unit focused on managing the company's intellectual assets as a strategic business element and its own profit center. Other benefits also include the potential for substantial tax savings and improved cash flow.

We also provide services related to the donation of intellectual assets and the attendant tax benefits that these donations provide.

CONTACT US

Invitation

For more information, please contact us at...

1299 Pennsylvania Avenue, NW
Washington, DC 20004

Donald L. Martin, Ph.D.
Managing Director, Maxiam^® LLC

martind@capanalysis.com

p:  202.383.6947
f:  202.383.6610