A Game of Patents: Acquire or Die

If Mike Myers' Dr. Evil ever returns in another Austin Powers movie, I know how he'd attempt to gain control of the world. He would buy up as many wireless phone patents as possible.

Ridiculous? Maybe not.

Because it just happens to be what Dr. Larry "Don't Be Evil" Page, the CEO of Google (Nasdaq: GOOG  ) , is trying to do. And he’s not shy about it. Google's deal to purchase Motorola Mobility (NYSE: MMI  ) for the premium price of $12.5 billion was a defiant counterstrike to the company’s recent failed patent bid.

Earlier this summer, Google tried to buy the Nortel Networks' portfolio of 6,000 patents. But a consortium that included Apple (Nasdaq: AAPL  ) , Microsoft, and Research In Motion (Nasdaq: RIMM  ) took that pile of intellectual property for $4.5 billion, five times Google’s original bid. Before the end of the bidding, Google bid a series of math-related numbers including one bid at $3.14 billion; yes, Google bid pi. While Google's final bid isn't known, Reuters reports the company wasn't willing to bid past $4 billion.

To survive, or not to survive...
This desire for patent supremacy isn't just a "he who dies with the most patents wins" ego trip. It could mean life or something much less for tech companies.

There could be many thousands of patent claims on something like a smartphone, and the potential hail of litigation falling on smartphone producers could stifle technical innovation. The more patents a company owns, the greater the odds of avoiding lawsuits. Those not financially able to fight or settle those suits are left helpless.

So Google, the scorned Nortel suitor, saw Motorola's file cabinet full of some 17,000 patents as a powerful draw. Some might think that those patents embody the steak in Google’s feast, and that Motorola's hardware business is merely the creamed spinach.

Companies cleaning out their attics
Eastman Kodak
(NYSE: EK  ) has claimed that Apple and Research In Motion have infringed upon its patents, and it is trying to collect $1 billion in usage fees from them. But Kodak is widely considered to be heading for default as a stand-alone business, and its digital imaging patents could be worth up to $3 billion. That’s about four times the company's current market value. Kodak, then, is another likely patent acquisition target.

Telecommunications company InterDigital (Nasdaq: IDCC  ) also has a bull’s-eye on its back as Apple, Qualcomm (Nasdaq: QCOM  ) , and Nokia lust after its patent trove. The auction for InterDigital is expected to occur after Labor Day. If Google doesn’t enter the bidding -- as its purchase of Motorola might foreshadow -- then that could dampen InterDigital’s pricing potential.

Digging a defensive patent moat
Companies like Google and Apple have a lot of cash on hand. There are three things they could do with that money -- besides letting it earn 0.12% at one-year Treasury bond rates:

  1. Pay dividends -- sigh, if only.
  2. Buy back shares.
  3. Acquire other companies (for diversification and/or to acquire intellectual properties).

Given the immediacy of the patent threats these companies face, door No. 3 (for the intellectual properties) seems like the safest move.

There will be many interesting developments in the technical patent realm in the coming months. To make it easier to keep track of what’s going on with the above companies, put them on your watchlist by clicking here.

Clarification
A previous version of the article stated Google's final bid was pi. While pi was one of Google's bids, the final bid size is unknown.

Fool contributor Dan Radovsky has no financial position in the mentioned companies.

The Motley Fool owns shares of Qualcomm, Research In Motion, Apple, Microsoft, and Google. Motley Fool newsletter services have recommended buying shares of Apple, Microsoft, Google, and InterDigital. Motley Fool newsletter services have recommended creating a bull call spread position in Apple. Motley Fool newsletter services have recommended creating a bull call spread position in Microsoft. Try any of our Foolish newsletter services free for 30 days. We Fools may not all hold the same opinions, but we all believe that considering a diverse range of insights makes us better investors. The Motley Fool has a disclosure policy.


Read/Post Comments (5) | Recommend This Article (10)

Comments from our Foolish Readers

Help us keep this a respectfully Foolish area! This is a place for our readers to discuss, debate, and learn more about the Foolish investing topic you read about above. Help us keep it clean and safe. If you believe a comment is abusive or otherwise violates our Fool's Rules, please report it via the Report this Comment Report this Comment icon found on every comment.

  • Report this Comment On September 01, 2011, at 11:37 AM, H3D wrote:

    You say

    " But a consortium, which included Apple (Nasdaq: AAPL  ) , Microsoft, and Research In Motion (Nasdaq: RIMM  ) , took that pile of intellectual property for $4.5 billion, five times Google’s original bid. Google ended the bid with a cheeky bid just over $3.14 billion; yes, Google ended its bidding at pi"

    Do you understand auctions?

    If the winners paid $4.5 Billion, don't you think it likely that Google bid $4.4 or $4.45?

    I wonder if the rest of your reporting is any more accurate!

  • Report this Comment On September 01, 2011, at 12:12 PM, XMFDRadovsky wrote:

    H3D,

    Thanks for your comment. The article will be changed to reflect that Google actually did bid through $4 billion before throwing in the towel.

    But there were more than two parties bidding on the patents, so we can't assume that it was Google that stopped just shy of the winning bid.

    Take care,

    Dan

  • Report this Comment On September 01, 2011, at 12:14 PM, XMFDRadovsky wrote:

    H3D,

    Sorry, should have said that Google would not bid past $4 billion.

    Dan

  • Report this Comment On September 01, 2011, at 4:54 PM, CavemanCooking wrote:

    Assuming GOOG doesn't want to play the IDCC acquisition game (which I don't think is the actual case), why are you concluding that the rest of the potential suitors couldn't create a frothy bidding process on their own? They all are sitting on enormous cash piles: AAPL - $28B, QCOM - $11B, MSFT - $51B, INTC - $12B, NOK - $14B, Samsung - $20B (all stats from Yahoo). Sure seems like plenty of fuel for the fire, to me. Only question remains, how hungry are they for what IDCC is cookin'? My guess .... they'll be like New Jersey Gov. Chris Christie at a Las Vegas buffet!

  • Report this Comment On September 07, 2011, at 4:52 PM, SpikeMiz wrote:

    Funny - IDCC lost a patent battle with Nokia on CDMA. All their license renewals are likely coming due soon. They need to pound their chest by suing Nokia, ZTE recently - otherwise no one will take them seriously for patent renewal. In the mean time people (people not inthe patent licensing business) are actually valuing their portfolio higher than it should be. Check out how bad they lost against Nokia to give you an indictation of value of IDCC portfolio - you dont sue on your worst patents you sue on your best - and they lost, eh?

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