A prominent litigation funder was evaluating the acquisition of a standards-essential patent portfolio covering an emerging wireless technology. The opportunity was potentially significant, but critical elements of the transaction remained uncertain: which companies should be targeted, how quickly the technology would be adopted, what royalty rates the portfolio could support, and how the economics should be divided among the seller, special-purpose vehicle, funder, and litigation team.
The challenge was not simply valuing the patents. The funder needed a complete, evidence-based business case that could support investment approval, inform the transaction agreements, and remain useful once the enforcement and licensing campaign began. That required clear and supported assumptions regarding adoption, addressable licensees, achievable pricing, timing, costs, and investment returns.
FIN IP Group was retained to assist with this work and developed an integrated licensing program model covering more than 30 prospective licensee brands. We forecast adoption of the emerging standard using established third-party market research, quantified the addressable royalty opportunity, and built a practical operating model that could be updated as the market and campaign evolved. We then overlaid anticipated acquisition, enforcement, and operating expenses and timelines to estimate free cash flow, enterprise value, and investment returns.
In parallel, we developed a royalty rate analysis informed by public patent pools, relevant market datapoints, and an assessment of aggregate royalties for the standard. Together, the analyses gave the parties a common economic framework for structuring the transaction and approaching initial licensees.
The efforts provided a net present value, in excess of $100 million, internal rate of return metrics and a breakeven timeline. With the opportunity, risks, economics, and pricing supported by a consistent body of evidence, the funder was able to proceed with the acquisition and establish the licensing program.
The analysis did more than support a one-time investment decision. It became the operating model for the campaign, giving the funder, special-purpose vehicle, and litigation team a shared basis for measuring performance, evaluating offers, and adjusting strategy as adoption progressed. Following the program’s launch, the funder retained FIN IP Group for additional acquisition due diligence and program development work.
Licensing program cash flow and breakevenIllustrative↑ Cash flow
AcquisitionProgram years →
- Net outflow (acquisition and enforcement)
- Net royalty cash flow
- Cumulative cash flow
- prospective licensee brands in the program model
- 30+
- prospective licensee brands in the program model
- net present value
- $100M+
- net present value
FIN IP Group services used