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Pawelko v. Hasbro, Inc.

In trade secrets dispute, court denies defendant’s Daubert motion, finding exclusion of opposing damages expert testimony for failure to apportion is premature; whether or not entire market value rule applies is determination for jury “after hearing all the documentary and testimonial evidence.”

Supreme Court reviews damages issue in trademark infringement case

The U.S. Supreme Court is about to hear arguments in a trademark infringement case that turns on whether the plaintiff, in order to obtain the infringer’s profits, has to show willful infringement by the defendant.

Royalty Rates and How to Use Them in the Relief from Royalty Method

While multiple sources of royalty rates exist, do you know how to find, select and ultimately use the appropriate data for valuation assessment? Despite its utility, the Relief from Royalty method remains a misunderstood and often misused appraisal technique. Though recent intellectual property court battles have brought prominence to the method and its constituent inputs, with primary focus on Royalty Rates, the underlying confusion generated when putting it to use remains. In this presentation, expert ...

Application of the Cost Approach to Valuing Identifiable Intangible Assets

Join Robert Reilly and Nathan Novak for this engaging webinar on the common types of intangible assets, the most common reasons to value intangible assets, and the generally accepted intangible asset valuation approaches.With a focus on the cost approach methods to value intangible assets, particularly contributory intangible assets, this program will describe the specific procedures for quantifying each of the intangible asset cost component and for identifying and measuring each of the intangible asset obsolescence ...

The IP in IPO: IP Valuation Lessons from Recent Public Exits

The year 2019 is shaping up to be a record year for IPOs: from iconic brands, such as Levi Strauss, to technology disruptors, such as Lyft and Pinterest, billions of dollars in valuations have been realized through public exits, providing hefty returns to investors and shareholders. When it comes to understanding what triggers the enormous valuations of some of these companies (commonly known as “unicorns”—a private startup with a valuation in excess of $1 billion ...

Don’t Make Me Call Security!: How to Consider Data Security in a Business Appraisal

Cyber liability is of increasing concern for business owners and executives. With the average total cost of a single data breach of $8.19 million in the U.S., shareholder value can be wiped out with the click of a mouse. Cyber risk is a relatively new risk yet is a particularly lethal one. According to Inc. Magazine, 60% of successful cyberattacks force the target business to close. Appraisals that fail to explicitly address this risk are ...

Building a credible forecast for brand valuation

The most visible and recognizable intangible asset for a firm is its brand. A brand contains legal protections that trigger value. But knowing how to quantify the latter in view of the former can be perplexing to even the most experienced valuation professional. According to expert Mike Pellegrino, the author of BVR’s guide on Intellectual Property Valuation, there are some fundamental, underlying legal rights that provide brands monopoly protection and, ultimately, their value.

AICPA updates practice aid on IP damages

The fourth volume of Calculating Intellectual Property Infringement Damages, an AICPA practice aid, has been issued, and it’s more streamlined and focused than prior editions.

University Patent Trends Around the World

By the start of the 21st century, 50% of all basic research was credited to universities, some major examples being antibiotics, plastic, and even Google. Patent activity can offer insight into where the top universities (including colleges) across the world have recently been focusing their efforts, both geographically and industrially.

Expert’s Reasonable Royalty Properly Captured Value Added by Plaintiff’s Invention

Court denies defendants’ post-trial challenge to jury award; court finds award was based on a theory of reasonable royalty, not lost profits, as defendants claim; plaintiff expert’s royalty rate properly captured value added by plaintiff’s patent and relationship between plaintiff and defendants.

Simo Holdings, Inc. v. H.K. uCloudlink Network Tech. Ltd.

Court denies defendants’ post-trial challenge to jury award; court finds award was based on a theory of reasonable royalty, not lost profits, as defendants claim; plaintiff expert’s royalty rate properly captured value added by plaintiff’s patent and relationship between plaintiff and defendants.

Calculating Damages in Intellectual Property Disputes: New Guidance

The 4th edition of the AICPA/CIMA Practice Aid for Calculating Damages in Intellectual Property Disputes is out, and, in the six years since the last edition, damages law and the intellectual property damages climate have changed in many areas. Join Drew Voth and Jeff Press to learn about the changes to the theories, techniques, and oft-cited case law addressed by intellectual property damages experts in the patent, copyright, trademark, and trade secret areas. The AICPA ...

The International Chamber of Commerce’s new handbook on intellectual property valuation and monetisation offers guidance for business valuers

The new ‘ICC Handbook on Valuation of Intellectual Property Assets’ is the work of the ICC Task Force on Valuation and Monetisation of IP Assets, co-chaired by Dominika Boehm, strategy and business manager, Siemens UAE (previously senior IP counsel, Siemens Germany), and Paul Bevan, founder of Central Value Worldwide (Spain).

Underdeveloped Comparability Analysis Leads to Exclusion of Reasonable Royalty Opinion

In the recent patent infringement case, Meridian Mfg. v. C&B Mfg. (Oct. 5, 2018), both parties raised Daubert challenges to the opposing expert’s damages opinions. This provides a good reminder of key legal principles informing reasonable royalty and lost profits calculations.

Corporate Cannabis: One-Hitter or Here to Stay?

This is the second installment in ktMINE's Cannabis series. In Part I, it discussed the marijuana IP landscape in general and explored trademarks in the industry. In this post, it investigates the potential movement of Big Pharma and multinational agricultural corporations into the cannabis space.

Court Admits Unjust Enrichment Damages Based on Profit Projections

In Daubert case centering on misappropriation of trade secrets, court says plaintiff expert’s valuation of trade secrets based on defense projections of sales and profits derived from offending product is admissible; defendant failed to show this approach to determine asset’s value is improper.

Grove US LLC v. Sany America Inc.

In Daubert case centering on misappropriation of trade secrets, court says plaintiff expert’s valuation of trade secrets based on defense projections of sales and profits derived from offending product is admissible; defendant failed to show this approach to determine asset’s value is improper.

Supreme Court asked to review entire market value rule (EMVR) standard

A patent holder recently petitioned the U.S. Supreme Court to review the Federal Circuit’s 2018 decision on what a patentee must do to base damages on the entire market value rule (EMVR).

Tips for applying art and science to intellectual property valuations

Valuing intellectual property depends on a broad range of expertise and requires a valuation professional to have more than a cursory understanding of marketing, accounting, finance, scientific and/or applied science, the applicable intellectual property law, statistics, financial modeling, and report writing.

Online global business valuation education from the iiBV, on your schedule and from any location

If you’re looking for global business valuation education—when and where you want it—check out four new e-learning courses from the International Institute of Business Valuers (iiBV) and Business Valuation Resources (BVR).

Valuing the Celebrity—Methodologies for Appraising the Right of Publicity

The right of publicity is the inherent right of each person to control the commercial use of his or her identity. The right, if available, generally protects a personality’s name, image, voice, signature, or likeness. Protection and exploitation of this intangible right, both during a celebrity’s lifetime and post-mortem (as dictated by the applicable state law), has become a valuable (if not the most important) component of a celebrity’s asset portfolio. Industry expert, Mark Roesler ...

Federal Circuit Majority Says ‘Premium’ License Calculation Includes Noninfringing Products

Court majority says jury award was based on insufficient evidence because expert’s damage theory envisioned a premium freedom-to-operate license based on past sales of noninfringing products; dissent says expert’s hypothetical negotiation reflected real world concerns and supported award.

Enplas Display Device Corp. v. Seoul Semiconductor Co.

Court majority says jury award was based on insufficient evidence because expert’s damage theory envisioned a premium freedom-to-operate license based on past sales of noninfringing products; dissent says expert’s hypothetical negotiation reflected real world concerns and supported award.

Daubert Ruling on How to Satisfy Apportionment When Using Benchmark Licenses

Allowing that apportionment is “inherently imprecise,” court says damages expert’s supplemental report shows that the apportionment underlying three benchmark licenses aligns with the expert’s royalty rate in the hypothetical license; expert’s royalty opinion is admissible under Daubert.

Bio Rad Labs. v. 10X Genomics, Inc. (II)

Allowing that apportionment is “inherently imprecise,” court says damages expert’s supplemental report shows that the apportionment underlying three benchmark licenses aligns with the expert’s royalty rate in the hypothetical license; expert’s royalty opinion is admissible under Daubert.

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