Unlocking Stalled Negotiations

 
 

EverEdge unraveled a negotiation which was stalled due to complex issues, creating and participating in a constructive negotiation process in which the multiple parties felt that they had been heard and accommodated. Negotiations were successful and the client is now positioned to grow its revenue in new product segments and geographic markets.

The client was a medical device manufacturer who had identified certain patent assets which related to new market areas, but were created and owned by an external party.

When approached, the owner and inventor had an extremely inflated view of the value of the targeted patent assets. In addition, the owner’s external patent counsel had created a divisive relationship and barriers between the client, client’s counsel, and the owner. The client was very frustrated by an inability to unlock and advance the process to the point of having constructive negotiations toward executing a transaction, and at a fair price.

The client approached EverEdge to determine the situation, unlock the negotiation as viewed by all of the parties, provide an independent view of the patent assets and participate directly with the client in negotiations to purchase and achieve their goals.

EverEdge established an effective dialogue with all parties. We worked closely with all parties to the negotiation, including client, client’s counsel and patent counsel, owner, owner’s counsel, and inventor to understand background. We also worked with the client’s corporate and business unit executives to understand possible deal parameters. We reviewed the specific patent assets and technology in play and the patent portfolios of relevant industry players.

EverEdge researched the dimensions and dynamics of the global marketplace for the client products. We also investigated relevant litigation profiles and cases to understand the enforcement climate and options available to the owner. Based on integration of the homework, we prepared financial modeling to show valuations for the commercial options available to the owner.

The live negotiations then occurred on different continents and required EverEdge as the neutral party to present its findings, defend them, and facilitate honest negotiations directed at reaching a deal. 

After multiple meetings, teleconferences and attention to complex issues of ownership, technology, inventorship, business and cultural, a purchase transaction was able to proceed to completion. The total time interval for the above process was five months. EverEdge delivered this critical and urgent project on time and enabled the client to enter the license negotiations in a strong and well informed position.