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Archive for the ‘Board Of Intellectual Capital’ Category

Oracle snaps up Art Technology for $1 billion

Posted in Board Of Intellectual Capital, boic, tagged , , , , , , , on November 3, 2010| Leave a Comment »

Article from SFGate.

“Oracle Corp., the world’s second-largest softwaremaker, agreed to buy Art Technology Group Inc. for about $1 billion in cash to add e-commerce programs.

Art Technology investors will receive $6 per share, Oracle said in a statement Tuesday. That’s 46 percent more than the company’s closing price Monday.

Oracle, building on a run of more than 65 acquisitions during the past five years, is looking to purchase makers of industry-specific software, Chief Executive Officer Larry Ellison said in September. Art Technology of Cambridge, Mass., provides companies such as retailers with technology for online merchandising, marketing, automated recommendations and live-help services.

Oracle, which trails Microsoft Corp. in software sales, had $23.6 billion in cash and short-term investments as of Aug. 31, the end of its fiscal first quarter. Art Technology is the ninth acquisition Oracle has announced in 2010.

The deal price is 33 times earnings before interest, tax, depreciation and amortization, compared with the median multiple of 17 times EBITDA for similar deals in the past six years, according to Bloomberg data.

Art filed for its initial public offering in May 1999, as investors backed startups in the growing market of Internet advertising. Its shares hit a high of $122 in July 2000. Less than a year later, the dot-com bubble burst and the company faced four consecutive years of sales declines through 2004. Its shares plummeted 95 percent in that time period.

Oracle, along with competitors Hewlett-Packard Co. and IBM Corp., are acquiring companies as they bolster their offerings of corporate software and technology within data centers. HP has announced eight deals so far this year, and IBM has announced 15.

This year, Oracle completed its purchase of Sun Microsystems Inc. for $7.4 billion, positioning itself to compete against HP and IBM in the server-computer market. Ellison said in September he’s also on the hunt to purchase semiconductor companies, aiming to follow the approach of Apple Inc. by owning more of the intellectual property behind computer chips.”

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Android Still on Top; Now Crushing BlackBerry

Posted in Board Of Intellectual Capital, tagged , , , , , , , , , , on November 1, 2010| Leave a Comment »

Article from GigaOm.

“Google’s Android operating system solidified its place at the top of the charts in the U.S. with 44 percent of the market, according to a pair of reports out today.

While Android’s momentum shows no sign of let-up and Apple continues to hold its own, both are applying pressure to Research in Motion, which is hemorrhaging OS market share and was overtaken in handset sales by Apple in the third quarter.

According to NPD, which measures consumer purchases, Android’s share of the U.S. smartphone market in the third quarter increased 11 percentage points from the previous quarter while Apple’s share grew by 1 percentage point to 23 percent. Research In Motion’s share continued to tumble, dropping from 28 percent to 22 percent.

U.K. research firm Canalys, which arrived at similar U.S. numbers for the OS market, said that Nokia remained the top smartphone manufacturer worldwide with a 33 percent share, down from 38 percent in the second quarter. Apple took second with 17 percent, up from 13 percent last quarter, while RIM followed with 15 percent, a slide from 18 percent in the second quarter.

The Canalys numbers reflect the latest quarterly sales numbers from Apple and RIM, showing Apple eclipsing RIM for the first time. Apple also moved into fourth place in global handset sales, passing over RIM in the process. RIM is still the top vendor in Latin America with about 40 percent of the market but its prospects are looking tough with pressure from Apple and particularly Android, which appears to be eating into its sales. NPD reported that the iPhone 4 was the top-selling phone in the U.S., followed by the BlackBerry Curve, LG Cosmos, Motorola Droid X � and HTC Evo 4G.

Nokia continues to hold the top spot in the five so-called BRIIC countries, Brazil, Russia, India, Indonesia and China, which bodes well for Nokia as those markets are growing 111 percent year-over-year, faster than the market overall which grew by 95 percent to 80.9 million shipped units. However Android, as my colleague Kevin has noted, could eat into Nokia’s share in places like India as it moves down market into cheaper smartphones.

That’s going to be a ongoing theme as smartphones work their way into more hands. The manufacturers and OS makers who can manage the growth in lower tier smartphones should enjoy a significant volume advantage. Nokia is already losing out on the lucrative high end of the market to Apple and is now facing the threat of Android outpacing sales in mid and lower-tier smartphones. Android shipments grew 1,309 percent year-over-year from 1.4 million units in the third quarter of 2009, according to Canalys, to more than 20 million units in the third quarter of this year, good enough for a quarter of the worldwide OS market.

Meanwhile, phones running a Windows operating system account for just 3 percent of the worldwide market, according to Canalysis. With Windows Phone 7 shipping this month, Microsoft will have to claw its way back to relevance. Microsoft’s tight control on handset interface customization and its high-end specifications could limit how vendors differentiate Windows Phone 7 devices and how well they sell down market, said Canalys.”

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Zynga outpaces Electronic Arts

Posted in Board Of Intellectual Capital, tagged , , , , , , , , , , , , on October 29, 2010| Leave a Comment »

Article from SF Gate.

“Zynga Game Network Inc.’s estimated worth surpassed Electronic Arts Inc.‘s stock-market value, a sign of the ascendance of social-networking entertainment at the expense of traditional video games.

Zynga, the maker of such games as FarmVille and FrontierVille, is valued at $5.51 billion, according to SharesPost Inc., an exchange for shares of privately held companies. Electronic Arts, the second-largest game publisher by sales, is worth $5.22 billion on the Nasdaq Stock Market.

Started by Mark Pincus almost four years ago, Zynga has become one of the fastest-growing technology companies by using Facebook Inc.’s social network to distribute games. It makes money by selling virtual goods, such as vehicles and weapons that help players advance in games. The company has grabbed about a third of that market, which is worth $1.6 billion this year, according to Inside Network in Palo Alto.

“The valuation is not that crazy, given what’s going on in the market,” said Atul Bagga, an analyst at ThinkEquity LLC in San Francisco, who estimates the virtual-goods market may reach $3.6 billion in three years. “It’s not that terribly expensive seeing the growth prospects.”

Electronic Arts, meanwhile, faces declining retail sales of gaming hardware and software. Before Tuesday, its shares had dropped 7.4 percent since March 1. Zynga’s estimated value has more than doubled in that period.

Electronic Arts was the world’s biggest video-game publisher until 2008, when Activision merged with Vivendi SA‘s gaming business to form Activision Blizzard Inc.

Dani Dudeck, a spokeswoman for San Francisco’s Zynga, said the company doesn’t comment on its valuation. SharesPost bases its number on data from trades of private shares, research estimates and venture-financing valuations. Jeff Brown, a spokesman for Redwood City’s Electronic Arts, didn’t immediately respond to a request for comment.

Zynga is the largest maker of games on Facebook, with more than 210 million monthly active users, according to AppData.com, part of Inside Network, a research firm.

Zynga’s value on SharesPost was $2.61 billion in March. That’s when SharesPost introduced a new index for venture-backed companies, including Facebook, Twitter Inc. and LinkedIn Corp.”

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New Social Rules for Living in a Digital Age

Posted in Board Of Intellectual Capital, tagged , , , on October 26, 2010| Leave a Comment »

By Tony Fish – member of Gerbsman Partners Board of Intellectual and principal at AMF Ventures. Visit his blog at: http://blog.mydigitalfootprint.com

If we sit back and reflect on current digital services, such as social media, we could conclude they are a game e.g If Twitter is about getting the best quip of the day or providing some useful info,  Linkedin is about proving “my network is bigger than yours”, and Facebook is about sharing that “I have a more interesting life than you”; then there must be some new rules for these new games, but what are they? Before we examine some suggested new rules, it is worth confirming and stating that all of the old/existing rules of social engagement are still valid, relevant and have not been washed away by this new digital age. A few examples of classic handed down rules that are timeless would include:-

  1. Don’t gossip, make things up, slander, steal, pinch or lie
  2. Have evidence and be professional, factual, accurate, honest, and transparent
  3. Engage and treat others how you want to be treated yourself
  4. Opinions are personal, be gracious, open, respectful and accepting of differences

Whilst all the old rules of social engagement exist, regulation does need some “modernising” as democracy, understanding and technology have advanced significantly since they were written.  Examples of regulation that would appreciate some new impetus would include: Privacy, Identity, Liberty, Harm, Consequences, Ownership, Access and Rights.

Realities for living and surviving in a digital age

Here are my rather eclectic suggestions of New Rules that I have heard, picked up or created.  I am hoping you will add and refine this list.  You can add your comments to this list here – My Digital Footprint Blog

mashup* are also organising an evening debate on “new social rules” on November 24th – you can register here.

  1. Change your password to Facebook, Twitter and bank accounts etc before you change your boy/girl friend/ partner.
  2. Don’t sack/release/ make redundant the person, and then be held hostage, by the person who has the login/password for your corporate fan page, group, twitter account until many people have control/access.
  3. Have several persona’s, this is not a sign of madness and you don’t need to justify then to anyone.
  4. Hide your friends identities by using personal nick-names on your mobile, just in case a friend borrows it to text that person with some inappropriate message that may haunt you forever.
  5. No adult supervision will not lead to anarchy. The youth want to be somewhere (in a digital world) where they are in control
  6. Provide someone (you trust) with the knowledge how to access your accounts/ data after you die and what you want done with your data/ digital footprint. Be aware – it will go against every term and condition you have signed if you do this.
  7. Your password is the weakest point in your armour,
  8. Reputation is all you have and your name is a good identity – so don’t abuse or loose either.
  9. Make sure you realise that your digital footprint is worth more than your salary.
  10. Everything you do can be recorded (stored) as sensors will be in all digital devices soon – ask yourself why and what use will the data be and to whom!
  11. Create a lot of rubbish data and cause confusion if you want to hide in plain sight. It is easy to find and hard to hide in a digital world if everyone is honest
  12. Determine what the terms “family” and “friends” mean to you before you accept others into your network(s)
  13. Un-friending is acceptable – being un-friended is a reality
  14. Learn the social (digital and physical) rules that apply to your group today but be aware they will be different tomorrow
  15. Privacy – It’s all in the settings
  16. Digital has one speed – fast, there are no breaks but plenty of fuel
  17. Internet writing is in Ink, once out there – it is out there, there is no rubber (yet)
  18. Loyalty (to a service) is dead – you are free to your own boundaries
  19. Open means you don’t want to hide and transparent means “it can be found” – but most people will not bother
  20. Branding is now personal and it is the new black
  21. Trust is the new king’s advisor – content still wears the trousers
  22. Free is not free – Engagement, Relationship and Conversation have a price
  23. FUD (Fear, Uncertainty and Doubt) are easier to sell
  24. Money in a digital world has less ‘personal’ value than real money and is closer to swopping chickens for potato’s. Unlike cash, others are more prepared to cheat, lie, swindle and steal your digital money as it appears “virtual” and less actual.
  25. Don’t set up any direct debits to anything
  26. Don’t let individuals buy web domains or set up accounts just to avoid the long corporate procedures and PO cycles.
  27. Interaction with the “screens of life” is the ultimate digital game being played. It is to get “content” from the dark bowels of a data warehouse onto your brightly lit screen
  28. Control is not in your hands
  29. Levels of damage and harm from digital engagement is currently lower that you may think

If you would like to chat about the opportunities that digital footprint data brings, especially from the perspective of mobile and real time feedback, please contact me at tony.fish@amfventures.com. The book is free on line at http://www.mydigitalfootprint.com/ or you can buy it direct from the publisher at the web site. There is also a summary and a eReader/ Kindle version.

We hope that our Viewpoint improves awareness, raises questions and promotes deliberation over coffee. We will respond to e-mail, text, twitter or blog comments. http://blog.mydigitalfootprint.com

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10/22 Extension to the Bidding Process – Procedures for the sale of certain assets of Applied Spine Technologies, Inc.

Posted in Board Of Intellectual Capital, Distressed IP, Gerbsman Partners, Investments, Uncategorized, tagged , , , on October 23, 2010| Leave a Comment »

Extension to the Bidding Process – Procedures for the sale of certain assets of Applied Spine Technologies, Inc.

The Board of Directors of Applied Spine Technologies, Inc. did not accept any bid that were due on October 15, 2010.  As such, the Board of Directors has authorized an extension to the Bidding Process for the sale of certain assets of Applied Spine Technologies, Inc. to Friday, November 12, 2010.

Further to Gerbsman Partners previous emails regarding the sale of certain assets of Applied Spine Technologies, Inc., I attach the draft legal documents and wire transfer information that we will be requesting of bidders for certain assets of Applied Spine Technologies, Inc. All parties bidding on the assets are encouraged, to the greatest extent possible, to conform the terms of their bids to the terms and form of the attached agreements.  Any and all of the assets of Applied Spine Technologies, Inc. will be sold on an “as is, where is” basis.  I would also encourage all interested parties to have their counsel speak with Merton Gollaher, Esq., counsel to Applied Spine Technologies, Inc.

For additional information regarding the legal documents please contact Merton Gollaher, Esq., of Wiggin and Dana LLP counsel to Applied Spine Technologies, Inc. He can be reached at 203 498 4362  and/or at mgollaher@wiggin.com For additional information regarding the Bidding Process and Due Diligence please contact Steven R. Gerbsman at 415 505 4991 and/or at steve@gerbsmanpartners.com.  Please do not contact the company directly.

Following an initial round of due diligence, interested parties will be invited to participate with a sealed bid, for the acquisition of the Applied Spine Assets. Sealed bids must be submitted so that the bid is actually received by Gerbsman Partners no later than Friday, November 12, 2010 at 3:00 p.m. Eastern Standard Time (the “Bid Deadline”) by email to- steve@gerbsmanpartners.com and mgollaher@wiggin.com with any bid.

For your convenience, I have restated the description of the Updated Bidding Process.

The key dates and terms include:

The Bidding Process for Interested Buyers

Interested and qualified parties will be expected to sign a nondisclosure agreement (attached hereto as Exhibit A) to have access to key members of the management and intellectual capital teams and the due diligence “war room” documentation (the “Due Diligence Access”). Each interested party, as a consequence of the Due Diligence Access granted to it, shall be deemed to acknowledge and represent (i) that it is bound by the bidding procedures described herein; (ii) that it has an opportunity to inspect and examine the Applied Spine Technologies Assets and to review all pertinent documents and information with respect thereto; (iii) that it is not relying upon any written or oral statements, representations, or warranties of Gerbsman Partners, or their respective staff, agents, or attorneys; and (iv) all such documents and reports have been provided solely for the convenience of the interested party, and Gerbsman Partners (and their respective, staff, agents, or attorneys) do not make any representations as to the accuracy or completeness of the same.

Following an initial round of due diligence, interested parties will be invited to participate with a sealed bid, for the acquisition of the Applied Spine Technologies Assets. Sealed bids must be submitted so that it is actually received by Gerbsman Partners no later than Friday, November 12, 2010 at 3:00 p.m. Eastern Standard Time (the “Bid Deadline”) by email steve@gerbsmanpartners.com and mgollaher@wiggin.com with any bid.

Bids should identify those assets being tendered for in a specific and identifiable way.  In particular, please identify separately certain equipment or other fixed assets.  The attached Applied Spine fixed asset list may not be complete and bidders interested in the Applied Spine equipment must submit a separate bid for such assets.

Any person or other entity making a bid must be prepared to provide independent confirmation that they possess the financial resources to complete the purchase. All bids must be accompanied by a refundable deposit check in the amount of $100,000 (payable to Applied Spine Technologies, Inc.).  The deposit should be wired to Applied Spine’s attorneys Wiggin and Dana LLP.  The winning bidder will be notified within 3 business days of the Bid Deadline. Unsuccessful bidders will have their deposit returned to them within 3 business days of notification that they are the unsuccessful bidder.

Applied Spine Technologies reserves the right to, in its sole discretion, accept or reject any bid, or withdraw any or all of the assets from sale.  Interested parties should understand that it is expected that the highest and best bid submitted will be chosen as the winning bidder and bidders may not have the opportunity to improve their bids after submission.

Applied Spine Technologies will require the successful bidder to close within a 7 day period. Any or all of the assets of Applied Spine Technologies will be sold on an “as is, where is” basis, with no representation or warranties whatsoever.

All sales, transfer, and recording taxes, stamp taxes, or similar taxes, if any, relating to the sale of the Applied Spine Technologies Assets shall be the sole responsibility of the successful bidder and shall be paid to Applied Spine Technologies at the closing of each transaction.

For additional information, please see below and/or contact:

Steven R. Gerbsman
(415) 456-0628
steve@gerbsmanpartners.com

Dennis Sholl
(415) 457-9596
dennis@gerbsmanpartners.com

Kenneth Hardesty
(408) 591-7528
ken@gerbsmanpartners.com

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