Royalty Calculation Depends on Cost of ‘Best Imperfect Substitute’

Business Valuation UpdateVol. 19 No. 4
Legal and Court Case Update
April 2013

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intellectual property
Brandeis University v. Keebler Co.
2013 U.S. Dist. LEXIS 18948
January 18, 2013
US
Federal Court
Illinois
United States District Court
Dr. Anne Layne-Farrar (plaintiffs); Michael Keeley (defendants)
Posner

Summary

In Daubert decision, district court finds expert erroneously based royalty calculation on the defendants’ maximum profits at risk should they fail to secure a license, rather than the cost of developing a “best imperfect substitute.”

See Also

Brandeis University v. Keebler Co.

Full Text of Court Cases
January 18, 2013

In Daubert decision, district court finds expert erroneously based royalty calculation on the defendants’ maximum profits at risk should they fail to secure a license, rather than the cost of developing a “best imperfect substitute.”