Keith Mallinson, WiseHarbor, in a submission to IP Finance, states the crucial commercial question with respect to using intellectual property to build a product: what is the value of the relevant IP?
Voluntary, bilateral negotiations may be the best means to establish fair market values for licensing IP between a licensor and licensee. The difficulty comes when one moves to another set of players. Different business models, commercial strategies and intended uses require different terms. (The popularity of the ktMINE database in searching for comparables hinges upon the ability to examine the full text of licensing agreements to find as similar circumstances as possible.)