Tomorrow at 5.30 pm Eastern Time, BlackBerry is scheduled to release its quarter three 2021 financial report. All eyes in the IP world will be on whether this will include an announcement of the sale of well over 30,000 of the company’s patents and, if so, to who and for how much.
IAM first broke the news that BlackBerry was thinking about selling a large chunk of its portfolio, and had appointed Elvir Causevic and Ed Fish of Tech+IP Capital to look for potential buyers, in November 2020. The IP in question, it emerged, covers technology relating to what have been described as “non-core or legacy mobile devices, messaging and wireless networking technologies”. The patents are primarily said to be applicable in four areas: social media and messaging; enterprise security; enterprise collaboration; and consumer voice and security.
Speaking during the company’s Q2 2021 earnings call, CEO John Chen confirmed that a price for the assets had been agreed with a buyer and expressed intense frustration that a deal had not already been completed. However, he continued, he was 80% certain one would be wrapped up relatively quickly. “Should it not conclude this quarter, we have other options, including additional interested parties,” Chen said.
Well, we are now in BlackBerry’s Q4, so if Chen comes back to the market tomorrow to say that there is still nothing signed, it is surely going to be time to conclude that it is probably never going to happen and that Plan B – or, perhaps more accurately, Project Second Best – needs to be put into action.
On the other hand, should news of a finalised, high-value, deal emerge, not only will it be a boost to BlackBerry itself, but it could also have a significant impact. Other companies may be tempted to do something similar with their portfolios, while investors could well see further good reasons to get involved with the IP market.
As you would expect at such a sensitive moment, no-one who might know is saying anything. But this is what is already out there as we wait for further news:
- There is a buyer and a price has been agreed. The identity of the party is not known, neither is the amount it is willing to pay. However, a sum of US$450 million has been mentioned by the Globe and Mail, Canada’s leading newspaper.
- What is up for sale are the patents plus the licensing business that has been monetising them.
- Although there is a single buyer, it is being financed from a variety of sources in multiple locations using a mix of debt and equity. The buyer is putting up some of its own cash, with others supplying the balance.
- There were several parties interested in the acquisition, but the buyer offered the most cash.
- BlackBerry will not retain a stake in the portfolio, so will not benefit from any future monetisation efforts.
- The sale is politically sensitive in Canada and the country’s government has taken a close interest in its progress. It is thought to have insisted that there be a Canadian element to the buyside financing.
- The deal’s many moving parts, the fact it covers the licensing business and not just a transfer of IP assets, and the need for regulatory approval from the Canadian authorities is why it is all taking so long.
Although, the identity of the potential buyer is not known, the fact that it would be purchasing a licensing business rather than just a portfolio, while finance for the deal is set to come from multiple sources, may indicate the kind of entity involved and what plans it has for the assets should it get its hands on them. We are likely to know for sure within the next 48 hours – or BlackBerry will have to return to the drawing board.