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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.

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 ...

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.

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.

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.

Fair value for financial reporting: Work file checklist for contributory asset charges

A work file checklist is a good compliance tool for what the MPF requires regarding all the different aspects involved in fair value measurement. In past posts, we presented checklists for a number of valuation areas. In this post, we give you a checklist for contributory asset charges.

How to document the selection of a royalty rate when valuing intellectual property assets or rights

Under the Mandatory Performance Framework (MPF) for the Certified in Entity and Intangibles Valuation (CEIV) credential, valuation experts will be expected to have a certain amount of documentation in their work files. Regardless of whether you hold the CEIV credential or not, anyone doing fair value for financial reporting should comply with these new rules. This post covers how to document the selection of a royalty rate when valuing intellectual property assets or rights.

Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc.

Federal Circuit clarifies EMVR applicability in calculating reasonable royalty related to a multicomponent, infringing product that contains other valuable nonpatented features; court explains how the patent holder must show that the patented feature was the sole driver of consumer demand.

Federal Circuit Sharpens EMVR Test Applicable to Multicomponent Products

Federal Circuit clarifies EMVR applicability in calculating reasonable royalty related to a multicomponent, infringing product that contains other valuable nonpatented features; court explains how the patent holder must show that the patented feature was the sole driver of consumer demand.

‘Lady Liberty’ Stamp Costs USPS Millions in Copyright Infringement

Court finds USPS’s unauthorized use of image of Las Vegas Lady Liberty on stamps infringed creator’s copyright and awards damages resulting from a hypothetical mixed license; USPS’s unique licensing history does not limit damages under applicable fair market value measure of damages.

Davidson v. United States

Court finds USPS’s unauthorized use of image of Las Vegas Lady Liberty on stamps infringed creator’s copyright and awards damages resulting from a hypothetical mixed license; USPS’s unique licensing history does not limit damages under applicable fair market value measure of damages.

How to document the life for the projection period with respect to noncontractual customer-related intangible assets

Under the new requirements for fair value for financial reporting, valuation experts will be expected to have a certain amount of documentation in their work files. The new requirements are contained in the Mandatory Performance Framework (MPF) for the Certified in Entity and Intangibles Valuation (CEIV) credential. Regardless of whether you hold the CEIV credential or not, anyone doing fair value for financial reporting should comply with these new rules.

20 questions to ask when performing due diligence for an intellectual property valuation

To analyze and come up with a valuation, you need to perform due diligence to uncover the facts related to the intellectual property. In BVR’s Intellectual Property Valuation Case Law Compendium, expert Thomas Wolfrum (Wolfrum Family Law) suggests asking the following questions. Although the context of these questions were originally for a divorce engagement, many of these questions apply to other engagements where intellectual property (IP) is involved.

Intellectual property trends: Average royalty rates, most active industries, and more

Explore intellectual property trends, including average royalty rates, most common royalty payment agreement bases, and most active industries. View real-world statistics based on thousands of actual license agreements.

Royalty rates for university-bred technology

Many universities rely on the money they earn by licensing intellectual property they develop as part of their research activities.

What are the advantages and disadvantages of patents, copyrights, trademarks, and trade secrets?

Empirical evidence suggests that intellectual property (IP) drives a significant portion of the market value of companies today. In Michael Pellegrino’s “Guide to Intellectual Property Valuation,” he presents a set of evergreen due diligence procedures and considerations that practical IP valuation analysts can use today to create credible and defensible IP valuations. One of the most important topics he covers, while fairly basic, is the four types of IP and their advantages and disadvantages.

Expert’s Valuation of Pork Trademarks Fails to Account for IP’s Limited Use

Court rejects USDA’s decision to keep paying for pork-promoting trademarks that mostly have become functionally obsolescent and replaced by a different slogan; expert’s replacement cost approach to find current value of trademarks is illogical, says court.

Humane Soc’y of the United States v. Perdue

Court rejects USDA’s decision to keep paying for pork-promoting trademarks that mostly have become functionally obsolescent and replaced by a different slogan; expert’s replacement cost approach to find current value of trademarks is illogical, says court.

Federal Circuit Clarifies Different Ways to Effect Apportionment

Federal Circuit vacates damages, finding expert opinion was inadmissible because Georgia-Pacific discussion lacked analysis that tied G-P factors to facts of the case; court affirms apportionment requirement need not be satisfied through royalty base.

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