Operating Companies · Portfolio Valuation

The Offer On The Table Undervalued The Portfolio By Multiples

The Outcome

The Offer, Declined

The portfolio’s value exceeded the in-hand offer by multiples.

Litigation Funding Secured

Claim charts, damages models against multiple targets, and a Hilco-run licensing campaign now generating revenue opportunities.

01

The Situation

The company came to us with a purchase offer already in hand for its patent portfolio. One question: should we take it?

It's the highest-stakes moment in the life of a portfolio. Accept a lowball offer and the value is gone forever - you can't renegotiate a sale after the wire clears. Reject a fair one and you're left holding assets you don't know how to monetize. Most companies in this position have no independent basis for deciding, so they anchor to the only number in the room: the buyer's.

02

What We Did

Step 01

Ran The Portfolio Through Our Intake Process First

Before recommending anything, we tested the offer against the data. The result was unambiguous: the portfolio’s value exceeded the in-hand offer by multiples. That single finding changed the question from “should we sell?” to “how do we capture what this is actually worth?”

Step 02

Identified Where The Value Lived

We assessed the full portfolio, identified the high-value patents, and organized them into sub-portfolios across five technology segments - turning one undifferentiated asset into several distinct monetization paths.

Step 03

Built The Evidence

We generated claim charts demonstrating and documenting infringement by multiple companies, plus financial models showing each charted company’s potential exposure - the concrete work product that converts “we think we’re owed something” into a case a funder or licensee takes seriously.

Step 04

Secured The Capital To Act

We obtained litigation funding for the client, so pursuing the portfolio's real value doesn't depend on the client's own balance sheet.

Same question, different portfolio? Thirty minutes is enough to find out.

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03

What Happened

The company declined the offer. Instead of selling for a fraction of the portfolio's value, it now has litigation funding in place, claim charts and damages models against multiple targets, and a Hilco-run licensing campaign generating revenue opportunities ahead of any litigation.

The buyer's offer wasn't an exit. It was a data point - and the data said keep going.

About the author

Karl Maersch is SVP of IP Services at Hilco Global, where he leads the Patent Advisory & Monetization practice. He previously ran IP litigation worldwide at Dow Chemical and served as Associate General Counsel at Eastman Kodak, where his teams generated $550M and $2.0B in IP revenue respectively.

The Cost Of Waiting

Thirty Minutes Is Enough To Know

If someone has offered to buy your patents, they've already done the math on what those patents are worth to them. The only question is whether you've done yours. Thirty minutes is enough to tell you whether the number in front of you is a fair price or a fraction of one.

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