District Court Judge offers specific amounts that fit the terms criteria for “fair, reasonable and non-discriminatory”
Standard-setting organizations establish rules that govern the ownership of IP rights that apply to the standards they adopt. Companies that help establish the criteria gain an advantage in having their technology included in standards; therefore, one rule commonly adopted is that any patent that applies to a standard can only be licensed on “fair, reasonable, and non-discriminatory [...]
Apple’s clout showing itself in royalty rate negotiations with major music labels
CNET reports Apple is close to an internet music streaming deal. As this blog has suggested, Apple’s desire to get into the business has been slowed by the same royalty rate issues that plague Pandora and others in that space … the streaming margins are too small and the royalty rates are too high for [...]
Details of the lawsuit-settling Dupont and Monsanto cross-license agreement released
On March 26, DuPont and Monsanto announced financial terms of the technology cross-licensing agreements that also settled their patent and antitrust lawsuits relating to Monsanto’s Round-Up® resistant soybean seeds. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post
Market-based approach to valuing IP is enhanced by the existence of ktMINE
In the market approach, the value of an IP asset is determined by the arm’s length price paid in transactions deemed comparable to the circumstances surrounding the IP being valued. The theory is that a licensee or buyer of IP will not be willing to pay more than the amount others have paid for similar [...]
Pandora CEO to step down, but the company’s future depends upon Congress
A year and a half ago this blog asked analysts how they would value Pandora, the popular internet music-streaming company, a company with costs perpetually (as in, that’s their business model) exceeding revenues and whose management proclaimed in SEC filings that it was unsustainable at the current and planned royalty schedules for played music. (The [...]
Microsoft’s Android-related licensing is less sexy than litigation but a more compelling business strategy
IP Value Wire has blogged in the past about how Microsoft was able to carve out a piece of a supposedly-free, open source operating system and turn it into a profit center. Below is a representative list of reports from FOSS Patents on how well that IP strategy is working. Bookmark on DeliciousDigg this postRecommend [...]
Royalty rates in pharma deals
A recent article in HeraldOnline quoted a Biopharma study and proclaimed the average royalty rate for deals with a pharma licensee to be between 11.74 to 14.9%, a report that was echoed elsewhere in the lay press. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this [...]
Damages witnesses need to use “reliable” valuation methods
Damages witnesses justifying a reasonable royalty should bag the entire market value rule entirely and make sure any licenses submitted as evidence are, indeed, comparable. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post
What is a reasonable RAND royalty rate and range?
To ensure sophisticated electronic devices all work together, global standards-setting organizations (such as the International Telecommunications Union and the Institute of Electrical and Electronics Engineers) require member companies to license essential patents at “reasonable and non-discriminatory rates,” or RAND. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments [...]
Moving marketing intangibles from a higher to a lower tax state is under international scrutiny
The transfer of intangible property from one enterprise to an affiliate resident in a different country can significantly reduce the tax burden of a company. Conversely, such transfers reduce the tax revenues in countries where higher tax rates are being avoided. Countries on the short end are attempting to expose the transfer of the intangibles [...]
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