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Licensing's In ... Lawyer's Out

By Alan Cohen
April 30, 2004

Licensing is too important to be left to lawyers. Or so goes the current thinking at Hewlett-Packard Development, L.P., where the only thing less popular than a long-lasting inkjet cartridge is an attorney brainstorming royalty deals. For years, Stephen Fox, the company's longtime chief intellectual property lawyer, had been the champion of a ramped-up licensing strategy: mining the company's intellectual property for revenue opportunities, pushing for a less ad hoc, more systematic approach to licensing, delivering what he often publicly called a “more entrepreneurial view” of the company's IP portfolio. But entrepreneurship, HP ultimately decided, was best left to entrepreneurs. In January, when the company announced a new licensing organization designed to increase royalty revenue, it gave the green light to Fox's ideas ' and put the brakes on Fox himself. The new licensing group would be run by a veteran HP manager.

Some lawyers might call that a raw deal. Fox, who has spent 36 years at HP (18 as its chief IP lawyer), calls it “optimum effectiveness.” That may sound like team play by a guy with nearly four decades on the team, but Fox is adamant that a separate organization, run by someone else, who will do the strategizing he used to do is exactly what he had in mind. Licensing, Fox says, “works well when placed in a business activity that is accountable for profit and loss, rather than in the legal department, which is an expense center.”

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