Take Care in Determining Patent Ownership
Jim Singer at IP Spotlight reminds transfer pricing and M&A pros and to consider whether infringement of a patent will be prosecuted as part of the analysis before determining which entity owns the patent. In Duhn Oil Inc. v. Cooper Cameron Corp., Duhn’s position as an IP holding company with no operating profits was too [...]
How Do You Value Internally Developed Trademarks?
Fernando Torres, MSc, one of our favorite IP value analysts, proposes an intriguing econometric model of trademark values in the IPmetrics blog. Underreported in financial statements, internally developed trademarks have gone begging for a sound and consistent valuation solution, and IPmetrics has built a database of relevant transactions that allows them to perform empirical studies [...]
Number of deals, deal values and multiples increase in software and information industries
Investment bank Berkery Noyes released its 2010 Year Software M&A Trends Report and 2010 Information M&A Trends Report. Both reports include analysis of merger and acquisition activity in 2010 and comparisons with activity in the three previous years. According to the investment bank, “software saw a dramatic increase in both transaction volume and value in [...]
Here We Go Again: Patent Reform Act of 2011
As Patent Baristas reminds us, the Patent Reform Act of 2011 is on the Judiciary Committee’s agenda for quick attention. We’ve heard this before, and most will say “tell me more when there is more.” We get that. Key to watch in this bill is SEC. 4, on Damages (see page 31), which calls for the [...]
LinkedIn Files for Initial Public Offering
LinkedIn Corp., a business social networking site, said yesterday it plans to raise up to $175 million in an initial public offering. LinkedIn has more than 90 million users globally. Most of the 90 million use the site for free, but LinkedIn has a premium subscription model (since 2005) which gives the members enhanced communication tools and [...]
IP Counsel May Find a Role for FAS 141 Valuations in Infringement Litigation
In an article to be published in the next AIPLA Quarterly Journal, Brad Pursel and Michael Annis provide a brief history then a detailed overview of the requirements related to FAS 141 (acknowledging the ASC Topics, namely Topic 805, but choosing to maintain the customary 141 reference), provide useful statistics related to the number of FAS [...]
Is There Value in the Intangibles in a Physician Practice?
Here is an excerpt from an article in ASC Review, written by Jason Ruchaber, CFA, ASA of HealthCare Advisors. “Perhaps the most highly contested issue in physician practice valuation is whether or not intangible value can exist in the absence of an income stream which fully supports the intangible value. The most conservative valuation practitioners [...]
New Google Patent Should Raise Some Eyebrows
You have seen Google Gadgets, and many of us probably have the Translate gadget on our iGoogle page. The U.S. Patent Office just granted Google a patent on the interface, on the display of that gadget. In a clever and far reaching article that leads one by the hand to Google’s longer-term strategies, Bobbie Johnson [...]
Facebook Valuation Update
Michael Arrington writes in TechCrunch about a January 12 check of Second Market that revealed Facebook shares reached $28.26 per share, so now we are up to a $70B?! (Professor Aswath Damodaran had some comments about this phenomenon “back when” the valaution was at $50B.) The TechCrunch article shares the previous auction closing prices: Facebook shares [...]
Licensor Moves to Delay Licensee’s Asset Sale
The Wall Street Journal reports Chinese company Huawei Technologies Co. has sued to delay the sale of some Motorola assets to Nokia Siemens Networks, claiming the sale would improperly transfer its intellectual property to a chief competitor. Motorola contracted to sell the bulk of its network-equipment business to Nokia Siemens Networks for $1.2 billion in mid-2010. Monday, [...]
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