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 ...
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.
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.
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.
Apportionment Models: Valuing the Contribution of Intangible Property and Assets in Disputes
Intellectual properties (IP) and intangible assets (IA) drive the success and valuation of businesses. The ability to evaluate the contributions made by IP are becoming a required component of the business manager’s toolkit. In disputes and damages, understanding of the theory and concepts supporting apportionment models is critical to an expert's success. Join Brian Buss and Doug Bania for this must-attend webinar where they'll cover the value and contribution to business profitability of both intellectual ...
Meridian Mfg. v. C&B Mfg.
Court admits expert opinion that reasonable royalty cannot exceed cost of developing noninfringing alternative because opinion is based on facts of the case; court excludes opposing expert’s royalty because he failed to assess comparability of selected licenses to patented technology.
Underdeveloped Comparability Analysis Means Exclusion of Reasonable Royalty Opinion
Court admits expert opinion that reasonable royalty cannot exceed cost of developing noninfringing alternative because opinion is based on facts of the case; court excludes opposing expert’s royalty because he failed to assess comparability of selected licenses to patented technology.
Daubert Ruling on How to Satisfy Apportionment When Using Benchmark Licenses
Court finds plaintiff expert’s lost profits calculation regarding two-supplier market is inadmissible and rejects reasonable royalty to the extent expert failed to explain how apportionment in benchmark licenses relates to expert’s hypothetical license.
Bio Rad Labs. v. 10X Genomics, Inc. (I)
Court finds plaintiff expert’s lost profits calculation regarding two-supplier market is inadmissible and rejects reasonable royalty to the extent expert failed to explain how apportionment in benchmark licenses relates to expert’s hypothetical license.