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Brand valuation mandate in India sparks talk of new rules

Wide variations in estimates of brand valuations trigger talk of a new set of valuation rules.

Court Affirms Validity of Patent Citation Analysis in Royalty Calculation

Court says forward citation method to determine value of patent in suit is not per se unreliable and royalty testimony based on it is admissible under Daubert; also, there is no bright-line rule against use of code- or step-counting for apportionment.

Comcast Cable Communs. v. Sprint Communs. Co.

Court says forward citation method to determine value of patent in suit is not per se unreliable and royalty testimony based on it is admissible under Daubert; also, there is no bright-line rule against use of code- or step-counting for apportionment.

Trademark values of global underwear brands

Average royalty rates for underwear trademarks are about 3% on revenues, considerably lower than typical royalty rates signed in license agreements.

Whataburger grills Wonder Woman over logo

If next year's Wonder Woman pic is boffo, it will raise the stakes in the "friendly" talks going on between Whataburger and DC Comics over the superheroine's "stacked W" logo.

Royalty Rates for Pharmaceuticals & Biotechnology, 8th Edition

March 2012 PDF (400 pages)

IPRA, Inc.

Royalty Rates for Pharmaceuticals & Biotechnologyfeatures more real-deal royalty rates, license fees, and milestone payment benchmarks than any other publication. This new edition contains hundreds of royalty rates and other financial compensation benchmarks that can be used to optimize the pricing of biotechnology and pharmaceutical innovations.  Learn more >>

Court Clarifies Rule 26 Protection for ‘Reporting’ and ‘Non-reporting’ Experts

Court says background information in expert’s report is what Rule 26 has in mind in requiring statement of “the facts or data considered by the witness” in forming his opinion; court clarifies discovery rules to communication with nonreporting expert.

IRS and Whitney Houston estate tangle over IP values

The IRS claims that the Whitney Houston estate underreported the value of intellectual property rights by $22.6 million.

Court Nixes Royalty Calculation Relying on Unalike Prior Licenses

Court says prior licensing agreements undergirding expert’s hypothetical reasonable royalty have no bearing on what the parties would have negotiated for the trademark in dispute; court finds calculation too speculative to assist jury and excludes it.

Arctic Cat v. Sabertooth Motor Group

Court says prior licensing agreements undergirding expert’s hypothetical reasonable royalty have no bearing on what the parties would have negotiated for the ...

3M Innovative Props. Co. v. GDC, Inc.

Court finds expert’s use of two-supplier and market share methods as well as Panduit test generate admissible lost profits calculation; court also admits expert’s reasonable royalty analysis, saying it does not include unlawful post-expiration sales.

No Automatic Bar to Royalties Accruing After Life of Patent

Court finds expert’s use of two-supplier and market share methods as well as Panduit test generate admissible lost profits calculation; court also admits expert’s reasonable royalty analysis, saying it does not include unlawful post-expiration sales.

How else to look at the 'Gawker' case: It's about unjust enrichment

It's not your average lost profits or lost business opportunity case. Rather, Hogan's damages experts were successful in quantifying damages under the less-common unjust enrichment theory. Rather than focusing on the damages to Hogan, the plaintiff, stemming from Gawker's misconduct, the experts calculated the gain to Gawker, the defendant, from the misuse of Hogan's assets, that is, his brand and other intellectual property.

Calculating Economic Damages in Intellectual Property Infringement Cases

September 2016 Hardcover, PDF (813 pages)

Jonathan Dunitz, Nancy Fannon

Business Valuation Resources, LLC

In this one-stop resource you’ll find a comprehensive overview of strategies, analysis, case studies, and legal insight to help you calculate and recover or defend a case involving the infringement of intellectual property. Nowhere else will you find such a complete and thorough analysis of current case law and the valuation methods that form the basis of damage awards in IP infringement cases. Learn more >>

How to value a small piece of a famous rock song

If the jury had sided with the plaintiff in the Led Zeppelin "Stairway to Heaven" case, it would have had to carve out the value of the riff that only forms part of the song. BVWire asked Michael Pellegrino (Pellegrino & Associates), a valuation expert (and musician) who specializes in intellectual property, for some insights into some of the thoughts behind how this would have been determined

Court admits expert's anti-'Georgia-Pacific' royalty calculation

There is no absolute requirement to develop a reasonable royalty based on the Georgia-Pacific framework. That's the takeaway from a Daubert ruling in which the court denied the defendant's motion to preclude the testimony of the opposing damages expert, who determined a reasonable royalty based on market data instead of the customary Georgia-Pacific factors.

Luminara Worldwide, LLC v. Liown Elecs. Co.

Court says background information in expert’s report is what Rule 26 has in mind in requiring statement of “the facts or data considered by the witness” in forming his opinion; court clarifies discovery rules to communication with nonreporting expert.

Court Clarifies Rule 26 Protection for ‘Reporting’ and ‘Non-Reporting’ Experts

Court says background information in expert’s report is what Rule 26 has in mind in requiring statement of “the facts or data considered by the witness” in forming his opinion; court clarifies discovery rules to communication with nonreporting expert.

Pivotal Ruling on Damage Calculation for SEP Infringement

In dispute over infringement of standard-essential patent (SEP), Federal Circuit holds royalty must be apportioned to the value of the patented feature and must exclude any added value to the patented feature from standard’s widespread adoption.

Bombardier Rec. Prods. v. Arctic Cat Inc.

Court says under federal discovery rule applicable to expert testimony annotated draft expert reports are discoverable as to comments one expert made to other expert’s draft report and as to portion of the draft to which comment was made.

Georgia-Pacific Analysis Satisfies Apportionment Requirement, Court Says

Court says under federal discovery rule applicable to expert testimony annotated draft expert reports are discoverable as to comments one expert made to other expert’s draft report and as to portion of the draft to which comment was made.

Court’s Damages Model for SEP Infringement Fails Apportionment Rules

Federal Circuit invalidates infringement award where trial court’s damages model failed to filter out value to the patent in suit accruing from its being essential to wireless standard and failed to adjust its Georgia-Pacific analysis for standardization.

Court Decides Daubert Attack ‘Misses the Mark’

Court calls Daubert challenger’s attack on expert’s lost profits opinion “misguided”; it unduly focuses on expert’s familiarity with legal standards and fails to explain what is wrong with expert’s use of software program for projecting future damages.

No Legal Barrier to ­Expert’s Adjusted Lost Profits ­Analysis

Federal Circuit upholds lost profits award based on adjusted market share analysis, finding expert accounted for huge price disparity between patentee’s product and infringer’s product and based market elasticity discount on sound economic principles.

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