Lessors of Nonfinancial Intangible Assets (except Copyrighted Works)
This industry comprises establishments primarily engaged in assigning rights to assets, such as patents, trademarks, brand names, and/or franchise agreements, for which a royalty payment or licensing fee is paid to the asset holder.
Court Spotlights Lack of Control in Oil and Gas Interest Valuation
Appeals court affirms trial court’s discounting for lack of control and marketability in valuing oil and gas interests where trust’s ownership in interests was fractional and indirect and there was testimony regarding IRS’s estate tax discount rates.
Taubman v. U.S. Bank, N.A.
Appeals court affirms trial court’s discounting for lack of control and marketability in valuing oil and gas interests where trust’s ownership in interests was fractional and indirect and there was testimony regarding IRS’s estate tax discount rates.
Conservative Assumptions Help Support Expert’s Lost Profits Calculations
Financial expert uses conservative assumptions regarding production, pricing, and duration of contract in calculating plaintiff’s lost profits claims for misappropriation of trade secrets.
Reasonable vs. Mathematical Certainty in Statutory Interest Awards
Court distinguishes between reasonable certainty standard required in lost profits cases from mathematical certainty required in award of prejudgment interest.
IP Valuation Fails to Follow Accepted BV Guidelines in Shareholder Derivative Suit
Court excludes IP valuation evidence under the new business rule but grants new trial because defendants failed to make a sufficient objection during the original proceedings.
Ice Corp. v. Hamilton Sundstrand Corp.
Financial expert uses conservative assumptions regarding production, pricing, and duration of contract in calculating plaintiff’s lost profits claims for misappropriation of trade secrets.
ClearOne Communications v. Chiang
Court distinguishes between reasonable certainty standard required in lost profits cases from mathematical certainty required in award of prejudgment interest.
Cement-Lock v. Gas Technology Institute
Court excludes IP valuation evidence under the new business rule, but grants new trial because defendants failed to make a sufficient objection during the original proceedings.
Conservative Growth Estimates Help to Sustain Damages Award
Court sustains $20 million damages award for misappropriation of medical trade secret with help of conservative reasonable royalty and lost profits analysis.
Buyer’s Projections Used to Value Asset From Seller’s Perspective
In assessing value of lost patent license from the seller’s perspective, an expert may not rely on the buyer’s internal, confidential sales projections.
Russo v. Ballard Medical Products
Court sustains $20 million damages award for misappropriation of medical trade secret with help of conservative reasonable royalty and lost profits analysis.
Nano-Proprietary Inc. v. Canon
In assessing value of lost patent license from the seller’s perspective, an expert may not rely on the buyer’s internal, confidential sales projections.
Polaroid Corp. v. Eastman Kodak Co.
Lengthy litigation concerning defendant’s alleged infringement of plaintiff’s patent, including consideration of taxable consequences in award of pre-judgment interest. plaintiff would have had to pay, absent the defendant’s violation.