July 26 (Bloomberg) -- Patents are becoming so valuable
that Apple Inc. and Google Inc. may have to pay a 50 percent
premium to buy InterDigital Inc., even after a decision to put
itself up for sale sparked a 72 percent jump in the stock.
InterDigital, whose engineers invented some of the
technology for high-speed mobile phone networks now used by the
world’s biggest handset makers, has gained $1.4 billion since
saying last week it hired banks to explore options including a
sale. The $3.2 billion company, based in King of Prussia,
Pennsylvania, may cost more than $5 billion, Algorithm Capital
and Dougherty & Co. said. That would be the most expensive deal
in the wireless equipment industry relative to earnings in more
than a decade, according to data compiled by Bloomberg.
Apple and Google are vying to obtain exclusive rights to
the inventions used in almost every device from the iPhone to
Google’s Android-based handsets and Research In Motion Ltd.’s
Blackberry as smartphone demand is forecast to more than double
by 2015. Owners of InterDigital, worth just $1.2 billion a year
ago, now stand to profit from the company’s 8,800 patents after
Google lost a bidding contest last month for bankrupt Nortel
Networks’ licenses. A group including Apple agreed to pay $4.5
billion -- a fivefold increase from Google’s initial bid.
Apple and Google “know the stakes are incredibly high when
it comes to the mobile space,” Chris Marlett, chief executive
officer of MDB Capital Group LLC, the Santa Monica, California-
based investment bank specializing in intellectual property,
said in a telephone interview. Patents have been “traditionally
undervalued. To whatever extent you can fortify your armament
with additional patents, you need to do it. The pressure’s got
to be very high right now,” he said.
Gaining Leverage
Janet Point, a spokeswoman at InterDigital, declined to
comment on whether it had been approached by Apple or Google, or
at what price the company would agree to sell itself.
Steve Dowling, a spokesman for Cupertino, California-based
Apple, and Aaron Zamost of Google in Mountain View, California,
both declined to comment on whether they were interested in
acquiring InterDigital.
Google’s General Counsel Kent Walker said in an interview
yesterday that “we want to be disciplined about how we
approach” buying patents. He also declined to say whether
Google will bid for InterDigital.
Handset makers are trying to buy more patents to gain
leverage over their competitors as wireless technologies become
increasingly complex, as well as to protect themselves against
allegations of infringement, according to Philippe Zera, an
analyst at Santa Clara, California-based Algorithm Capital.
Patent Protection
“What’s very clear is that you need a frontline of patents
to be able to offset your opponents’ frontline of patents,”
Brian Barish, Denver-based president of Cambiar Investors LLC,
which oversees about $8 billion, said in a telephone interview.
About 15 percent of InterDigital’s patents are related to
mobile-phone technologies used to transfer information. They may
be worth more than those Nortel auctioned in June because it has
more fourth-generation wireless technology patents, Charlie
Anderson, a Minneapolis-based analyst at Dougherty, said in a
telephone interview. Parts of its portfolio also haven’t been
licensed, leaving more control to the buyer, he said.
InterDigital, whose technology is also used in second- and
third-generation wireless networks, generated 94 percent of its
sales last year from patent licensing royalties, according to
data compiled by Bloomberg.
Shareholder Value
The company has rallied more than 70 percent since saying
it hired Evercore Partners Inc. and Barclays Plc to “explore
and evaluate potential strategic alternatives” that may include
a sale, according to the company’s statement on July 19.
“We have seen the value of intellectual property rise
substantially as major players in the mobile industry
increasingly understand the strategic and economic value of this
type of asset,” Terry Clontz, chairman of InterDigital’s board
of directors, said in the statement.
Apple and Google are among the companies weighing bids for
InterDigital, according to a person with knowledge of the
situation, who declined to be identified because the matter is
private. InterDigital closed at $71.30 yesterday, versus $41.51
prior to the announcement, when it was valued at $1.9 billion.
Today, shares of InterDigital advanced 3.8 percent to
$74.01 in U.S. composite trading.
Algorithm’s Zera says InterDigital may be worth as much as
$120 a share. That’s equal to $5.4 billion in equity value.
Dougherty’s Anderson estimates InterDigital may get more than $5
billion in a takeover, adjusting for the company’s net cash.
Acquisition Price
A $5 billion acquisition would equal 23 times
InterDigital’s earnings before interest, taxes, depreciation and
amortization in the last 12 months, according to data compiled
by Bloomberg, the most expensive of any wireless equipment deal
over $500 million since 1999.
“It’s really, ‘How bad does the buyer want it?’” Matt
McCormick, a money manager at Cincinnati-based Bahl & Gaynor
Inc., said in a telephone interview. His firm oversees $4
billion. “Absolutely, people would pay more in this
environment” for this type of company.
InterDigital isn’t the only company trying to profit from
patents. Eastman Kodak Co., the 131-year-old camera company
based in Rochester, New York, said last week it may sell more
than 1,100 digital-imaging patents. Billionaire Carl Icahn also
urged Motorola Mobility Holdings Inc. to explore alternatives
for its patents, which he said are “substantially larger than
Nortel Networks’ and includes numerous patents concerning 4G
technologies,” according to a filing last week.
Hard Sell
Still, Ron Epstein, chief executive officer at Epicenter IP
Group LLC, a Redwood City, California-based patent brokerage,
says that expectations of analysts and investors of how much
money patent sales will garner may be too high.
“I don’t think anyone, other than the small number of
potential strategic buyers, understands the value of the actual
portfolios,” he said in a telephone interview. Financial
investors “may have a hard time given the difficulty of
understanding the scope and quality of patents and understanding
how the strategic buyers like Apple and Google use them.”
InterDigital’s move to sell itself comes as smartphone
sales are forecast to almost double to 1.1 billion in 2015,
according to estimates from Gartner Inc., the Stamford,
Connecticut-based research firm.
While the projections show that Google will become the
dominant mobile-phone platform, it may now be at a disadvantage
after losing the Nortel auction, which was won by six companies
including Apple, Dougherty’s Anderson said.
‘A Little Naked’
The purchase gave the winners control over more than 6,000
patents and applications that cover wireless and Internet
technologies. The auction ended after 19 rounds with a final
price that was five times more than the $900 million that Google
agreed to pay before the process started.
Nortel showed that both Apple and Google “are a little
naked on the intellectual property side,” said Cambiar’s
Barish. “So what’s $4 billion or $5 billion or even $10 billion
to inoculate them against patent attack? It’s an expense you
have to make.”
Both Google and Apple can afford to pay up. Google had $39
billion in cash and short-term investments at the end of June,
while Apple had $28 billion, data compiled by Bloomberg show.
Apple also has no debt, the data show.
For Google, buying InterDigital could help it fend off
lawsuits such as those from Apple, which is suing HTC Corp., the
Taoyuan, Taiwan-based handset maker that uses Google’s Android.
‘A Thousand Cuts’
The U.S. International Trade Commission found on July 15
that HTC infringed two patents owned by Apple. If the decision
is upheld, HTC may be prevented from importing some of its
phones to the U.S. Apple also has cases against other makers of
Android devices, including Suwon, South Korea-based Samsung
Electronics Co. and Motorola Mobility of Libertyville, Illinois.
Google’s “motivation seems to be to buy patents to use as
defense because what you can do is go into these cases and cross
license,” Anderson said. InterDigital’s “largely unlicensed
group of 4G patents would accomplish that,” he said.
Apple could save $3 to $10 per handset by acquiring
InterDigital’s patents, Peter Misek, an analyst at Jefferies
Group Inc. in New York, wrote in a report to clients July 21.
Based on his estimate for Apple’s future phone shipments, the
portfolio could be worth $3 billion to $10 billion, he said.
InterDigital said today it filed a patent-infringement
complaint seeking to block imports of phones made by Nokia Oyj
of Espoo, Finland, and Shenzhen-based companies ZTE Corp. and
Huawei Technologies Co.
“You’re going to die a death of a thousand cuts unless you
have the ability to inflict the same sort of damage on your
competitors,” said MDB’s Marlett. “The better equipped you are
to go to battle, the better, because it’s going to be a battle.
There’s no way around it.”
To contact the reporters on this story:
Danielle Kucera in New York at
dkucera6@bloomberg.net ;
Zachary Tracer in New York at
ztracer1@bloomberg.net ;
Rita Nazareth in New York at
rnazareth@bloomberg.net .
To contact the editors responsible for this story:
Katherine Snyder at ksnyder@bloomberg.net ;
Tom Giles at tgiles5@bloomberg.net .