GPC's Alexander Poltorak attended ICAP Ocean Tomo’s auction of IP assets in New York on March 31, and commented on the sale of a $38.5 million "covenant not to sue" (LogMeIn, ICAP Ocean Tomo, Dyson: Intellectual Property, Bloomberg.com, April 4, 2011).
Excerpt of the article:
Alexander Poltorak...said speculation was that the buyer was either a handset manufacturer or “a patent aggregator who represented a consortium of several buyers.”
Poltorak, whose Suffern, New York-based company does patent-enforcement work for inventors, said a patent owner who is hoping to make money selling the covenant not to sue “would need to prove the resolve to enforce the patents through litigation before anyone is going to consider shelling out serious money for a covenant not to sue.”
Whoever bought the covenant was using simple math, Poltorak said. “Pay $35 million now or pay much more later in damages, defense costs, time and aggravation,” he said.