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Automotive Technology and IP Outlook -AttorneyAutomotive Confidential- Technology and IP Outlook3LP Advisors April 2016 Strategy and Technology M&A 3LP Intellectual Property Strategy and M&A for Technology and IP Boston | Silicon Valley Copyright 3LP Advisors - 2008 www.3lp.com Copyright 3LP Advisors - 2016 Email: [email protected] Telephone: (617) 248-0030 -Attorney Confidential- 3LP Advisors Technology is transforming the automotive industry The Connected Car The Electric Car The Self-Driving Car The Shared Car The car as a wireless device, The car that is powered electrically The car that drives autonomously The car as a service computer, and entertainment system Connected Car Global Electric Vehicle % of Cars Partially Ridesharing Services Revenues ($B) 50 Global Sales 300 or Fully 25 Revenue ($B) 4 (thousands of cars) Autonomous 45 250 40 20 3 35 200 30 15 25 150 2 20 10 100 15 1 10 5 50 5 0 0 0 0 2010 2012 2014 2016 2018 2010 2011 2012 2013 2014 2015 2020 2025 2030 2035 2014 2015 Sources: SBD automotive; BCG; Research and Markets; http://aswathdamodaran.blogspot.com/2015/10/the-ride-sharing-business-playing-pundit.html Copyright 3LP Advisors - 2016 2 -Attorney Confidential- 3LP Advisors Technologies from other industries are driving this change Automotive technologies on What the auto Where the technologies the rise (examples) industry is saying originated (not automotive) “Visteon is investing in in-car technology… 5G wireless communications: which will enable automakers to quickly Semiconductors transition to 5G without having to tear up Telecommunications used for connected car the vehicle architecture.” systems -Martin Green, Telematics & Connected Mobile Devices Car Technology Manager at Visteon (SAE, Internet of Things 2016) “Many in the industry are concluding that LiDAR: sensory technology you need a LiDAR sensor on each of the Aviation (e.g., gyroscopes) used for four corners of the vehicle, with a 120° Geology sweep. The idea is to generate a point- safety and autonomous cloud of information around the vehicle.” Software vehicles -Jeff Owens, CTO of Delphi (SAE, 2016) Sensors “In this ‘second phase’ of vehicle electrification, there’s an even greater focus on full-system development. My Lithium batteries: used for company is not just a battery cell supplier Chemistry electric vehicles going forward, but part of holistic Energy propulsion-system development.” -Denise Gray, CEO of LG Chem Power Consumer Electronics (SAE, 2016) Copyright 3LP Advisors - 2016 3 -Attorney Confidential- 3LP Advisors New players entering the space – not the usual suspects Automotive incumbents New entrants Automotive manufacturers Tech companies Semiconductor companies Electric vehicle companies Faraday Future Automotive Suppliers Ride sharing companies Note: exemplary companies shown; not comprehensive Copyright 3LP Advisors - 2016 4 -Attorney Confidential- 3LP Advisors We see 4 critical strategic technology/IP issues in automotive Technology ownership battles 1 Whether incumbent auto companies want it or not, auto patent conflict is almost certainly ahead – impacting product launches and profit pools Rise of non-practicing entity (“NPE”) litigation 2 Plan on getting sued by NPEs for patent infringement, but in the current environment it isn’t quite as scary as you might think Development of new technology standards 3 Standards and the associated patent pools will become even more critical, and if you don’t handle them properly you may lose your competitive advantage Emergence of China 4 Chinese companies are emerging in automotive, but they will struggle to enter Western markets if they don’t acquire IP rights in the necessary geographies Copyright 3LP Advisors - 2016 5 -Attorney Confidential- Attention: 3LP Advisors Senior Executives What are the implications for automotive players? Technology/IP issues What to do about it . Automotive incumbents: Carefully file and acquire patents to prevent entrants from gaining traction; use IP for partnerships/supply chain relationships, lock in Technology 1 favorable cross licenses, and enforce selectively to slow entrants ownership battles . New entrants: You need the right patents ASAP to level the playing filed – file, acquire patents, and partner for technology access . All automotive players: Fight NPEs in court and at the PTO – take advantage of Rise of non- new laws allowing you to challenge their patents (e.g., file inter partes reviews); 2 practicing entity rather than viewing NPEs purely as threats, use them to your advantage – coopt (“NPE”) litigation them to get good deals on patents and/or partner with them . All automotive players: Get involved in standards bodies early to influence their Development of direction; build an IP portfolio that allows you to benefit from technology 3 new technology proliferation; and monetize your standard essential patents either through standards patent pools or other means . Emerging Chinese EV companies: Beef up your IP portfolios ASAP – file & buy Emergence of patents with global coverage 4 China . Automotive incumbents: Leverage your significantly larger patent portfolios to cut favorable deals with patent-poor Chinese EV companies, raise their technology costs, or shut them out of the market Copyright 3LP Advisors - 2016 6 -Attorney Confidential- 3LP Advisors Technology ownership battles Technology ownership battles 1 Whether incumbent auto companies want it or not, auto patent conflict is almost certainly ahead – impacting product launches and profit pools Rise of non-practicing entity (“NPE”) litigation 2 Plan on getting sued by NPEs for patent infringement, but in the current environment it isn’t quite as scary as you might think Development of new technology standards 3 Standards and the associated patent pools will become even more critical, and if you don’t handle them properly you may lose your competitive advantage Emergence of China 4 Chinese companies are emerging in automotive, but they will struggle to enter Western markets if they don’t acquire IP rights in the necessary geographies Copyright 3LP Advisors - 2016 7 -Attorney Confidential- 1 Technology ownership battles 3LP Advisors Automotive patent wars aren’t new – conflict in the early 1900s later drove cross-licensing stability for incumbents 1900 1899: Electric Vehicle Company purchased rights to George 1900: The Electric Selden’s patent for a three Vehicle Company cylinder, gas-powered motor launched patent vehicle infringement lawsuits against automotive 1904 1903: Organization licensing this companies patent became the Association of Licensed Automobile Manufacturers (“ALAM”); members of ALAM given a license and charged a 1.25% royalty on 1908 cars produced 1903: Ford denied a license and ALAM sued Ford 1909: Court ruled in favor for patent of the Selden patent infringement 1912 1911: Court of appeals found that the patent is invalid, thereby defeating the patent, but after ALAM had profited from years of licensing the rest of the industry Following the Selden automotive patent wars, there was a period of “patent peace” Copyright 3LP Advisors - 2016 8 -Attorney Confidential- 1 Technology ownership battles 3LP Advisors Telecom similarly experienced a period of stability, until disruption occurred with the advent of smartphones Examples – cases shown below only emphasize the most significant patent infringement lawsuits, but there were many others 2009 2010 2011 2012 2013+ The “smartphone wars” began in 2009 when Nokia sued Apple for patent infringement of 10 patents. Apple countersued and litigation in the space took off Litigation activity among the large smartphone companies declines as cases settle and cross-licensing agreements are reached US patent International International Licensed patents infringement Trade patent from lawsuit Commission infringement complaint lawsuit Copyright 3LP Advisors - 2016 9 -Attorney Confidential- 1 Technology ownership battles 3LP Advisors The smartphone patent wars were spawned by a shift in market leadership – incumbents were overtaken by new entrants Percentage of Global Mobile Phone Sales Other 21% 33% Other 4% 6% 7% 2% 3% 3% 13% 3% 4% 2% 4% 18% 10% 21% 33% 5% 10% 2005 2014 Source: http://www.statista.com/statistics/271574/global-market-share-held-by-mobile-phone-manufacturers-since-2009/ Copyright 3LP Advisors - 2016 10 -Attorney Confidential- 1 Technology ownership battles 3LP Advisors Most of the mobile device incumbents were overtaken 2002 Nokia releases the Nokia 7650 RIM releases Blackberry in June 2002, its first camera 5810, first smartphone phone and first phone to run optimized for wireless email on the Symbian OS Blackberry launches 2004 series of smartphones and begins to gain widespread adoption Nokia releases Nseries, Motorola Q released in 2005 as a thin first smartphone focused smartphone without a touchscreen on entertainment rather 2006 than business First iPhone released in 2007; In Nov. 2007, mobile devices become consumer Google announces products and not just business Android operating 2008 products system as open- source platform iPhone 3G released 2010 in 2008 and App HTC Dream, the first Store launched Android smartphone, released in 2008 2012 Motorola acquired by 2014 Google for $12.5B, In 2014, Microsoft announced in 2011 acquires Nokia’s phone business for $7.2B Copyright 3LP Advisors - 2016 11 -Attorney Confidential- 1 Technology ownership battles 3LP Advisors Will the same thing happen in automotive? Percentage of US Automobile Sales Other 21% ? 17% 16% ? 100% 14% ? 13% 10% ? 9% 2013 Future Sources: http://www.statista.com/statistics/343162/market-share-of-major-car-manufacturers-in-the-united-states/;
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