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.
Exmark Mfg. Co. v. Briggs & Stratton Power Prods. Grp. LLC
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.
Court Doubles Down on Apportionment for Multifunctional Smallest Salable Unit
Federal Circuit strikes down portion of damages, finding expert’s royalty base was unsupported because she merely apportioned to the “smallest identifiable technical component,” which itself was a multicomponent software engine that performed both noninfringing and infringing functions.
Finjan, Inc. v. Blue Coat Systems, Inc. (II)
Federal Circuit strikes down portion of damages, finding expert’s royalty base was unsupported because she merely apportioned to the “smallest identifiable technical component,” which itself was a multicomponent software engine that performed both noninfringing and infringing functions.
Valuing Luxury Brands
One simply has to look at the premium pricing for luxury clothing, jewelry, and automobiles to understand that brand impacts value. Join Chris Mellen and Ed Hamilton, both of Valuation Research Corp., in this deluxe discussion of what underlying attributes drive brand value. Go beyond the frills and elegance with concrete examples of the different approaches to brand valuation, and acquire a wealth of knowledge that will get you comfortable for any brands valuation engagement.
Infringer’s Call for Apportionment of Lost Profits Goes Unheeded
Federal Circuit denies defendants’ request for rehearing en banc on issue of whether lost profits award was improper because calculation involving a multicomponent product required apportionment analysis in addition to satisfaction of Panduit factors.
Infringer’s Call for Apportionment of Lost Profits Goes Unheeded
Federal Circuit rejects challenge to lost profits award; patentee showed entitlement to lost profits from whole product by satisfying Panduit; although infringing product had multiple components, further apportionment in this case was not necessary.
Applying the Asset-Based Approach? How to Value the Intangibles in a Business or Professional Practice
Stop treating the asset approach as an afterthought. Valuation of both identifiable intangible assets and business/practice goodwill as part of the asset-based approach to business and professional practice valuation is a core skill for any valuation professional. The valuation of intangible assets is often the most important (and most challenging) component of applying the asset-based approach to conclude the going-concern value of an operating company. Join expert Robert Reilly for a discussion on the identification ...
Understanding Intangibles: Classification, Identification, and Valuation
Don’t just survive in the jungle of intangible valuation—thrive in it! Join us for field class with experts Edgar Baum, Ron Laurie, Mike Pellegrino, and Chris Rosenthal, who will guide you through the diverse and often confusing world of patents, copyrights, trade secrets, and trademarks. In this advanced workshop, learn about the distinctions between major types of intangibles along with the nuances such as the difference between brands and trademarks. Be sure you are valuing ...
Infringer’s Call for Apportionment of Lost Profits Goes Unheeded
Federal Circuit denies defendants’ request for rehearing en banc on issue of whether lost profits award was improper because calculation involving a multicomponent product required apportionment analysis in addition to satisfaction of Panduit factors.
Mentor Graphics Corp. v. EVE-USA, Inc. (II)
Federal Circuit denies defendants’ request for rehearing en banc on issue of whether lost profits award was improper because calculation involving a multicomponent product required apportionment analysis in addition to satisfaction of Panduit factors.
Georgia-Pacific Analysis Satisfies Apportionment Requirement, Court Says
Court rejects Daubert challenge to lost profits and reasonable royalty analyses; court downplays importance of Panduit noninfringing-alternatives requirement and equates Georgia-Pacific analysis with apportionment between patented and unpatented features.