Title Details

Introduction: Purposes of Intellectual Property Appraisals (New).

15 Intellectual Property Deal Making (New).

15.1 Introduction.

15.2 Cross-License Balancing Payments.

15.3 Licenses for Limited Periods.

15.4 Unrecognized and Hidden Intellectual Property.

15.5 More Noncore Intellectual Property.

15.6 Monetarization of Intellectual Property.

15.7 Specifically Created for Exploitation.

15.8 Summary.

16 Early-Stage Technology Valuation (New).

16.1 Introduction.

16.2 Early-Stage Technology.

(a) Untested Ideas.

(b) Bench-Top Technology.

(c) Prototype Technology.

16.3 Common Characteristics of the Technologies.

16.4 Cost Approach and Early-Stage Technology.

16.5 Market Approach and Early-Stage Technology.

(a) Internal Licenses Are Often Self-Serving.

(b) Relevant Time Period.

(c) Financial Condition of Both Transacting Parties.

(d) Relevant Industry Transactions.

(e) International Transactions.

(f) Intellectual Property Remaining Life.

(g) Complementary Asset Investment Requirements.

(h) Nonmonetary Compensation.

(i) Are the Independent Parties Really Independent?

16.6 Income Approach and Early-Stage Technology.

16.7 Market Penetration and Sales Forecasts.

(a) Success.

(b) Disappointment.

(c) Failure.

16.8 Manufacturing Costs and Gross Profits.

(a) Overhead Costs.

(b) Development of Related Intangible Assets.

(c) High Discount Rates.

(d) Timing Delays.

16.9 Early-Stage Discounted Cash Flow Model.

16.10 Summary.

17 Application of Daubert-Related Decisions on Economic Damages Expert Testimony (New).

17.1 Introduction.

17.2 The Court's Gatekeeping Function.

17.3 Federal Rules of Evidence.

17.4 The Four Daubert Factors.

17.5 Sons of Daubert.

(a) Kumho Tire Company, Ltd.

(b) Target Market Publishing.

17.6 Analyst's Consideration of the Daubert Standard.

17.7 Expert Testimony Guidelines.

(a) Guideline #1-Know the Relevant Professional Standards.

(b) Guideline #2-Apply the Relevant Professional Standards.

(c) Guideline #3-Know the Relevant Professional Literature.

(d) Guideline #4-Know the Relevant Professional Organizations.

(e) Guideline #5-Use Generally Accepted Analytical Methods.

(f) Guideline #6-Use Multiple Analytical Methods.

(g) Guideline #7-Synthesize the Conclusions of the Multiple Analytical Methods.

(h) Guideline #8-Disclose All Significant Analytical Assumptions and Variables.

(i) Guideline #9-Subject the Analysis to Peer Review.

(j) Guideline #10-Test the Analysis and the Conclusion for Reasonableness.

17.8 Expert Testimony Guideline Summary.

17.9 Summary.

18 Estimating Damages for Infringement of Agricultural Biotechnology-Derived Products (New).

18.1 Introduction.

18.2 What Is Agricultural Biotechnology?

18.3 Determining Benefits: The Case of Bt Corn.

18.4 Conventional Methods of ECB Control.

18.5 The Economics of ECB Control.

18.6 Value of Bt.

*19 Recent Decision: Copyright Infringement Damages Can Be Based on Value of Licenses (New).

19.1 Introduction.

19.2 On Davis v. The Gap, Inc.

(a) Background.

(b) Summary Judgment Granted: 17 U.S.C. § 504.

(c) Related Case: Taylor v. Meirick.

(d) Fair Market Value.

(e) Business Trends Decision.

(f) Reasonable License Fee.

(g) Actual Damages.

(h) Determining Fair Market Value.

(i) Copyright Infringement.

19.3 Conclusion.

Appendix C Resources (New).

C.1 Royalty Rate Information.

(a) Intellectual Property Research Associates.

(b) RoyaltySource.

(c) The Financial Valuation Group.

(d) Licensing Economics Review.

C.2 Development of a Discount Rate.

(a) Ibbotson Associates.

C.3 General Information.

(a) STAT-USA.

(b) SEC-EDGAR.

C.4 Publications.

C.5 Internet Site.

(a) Delphion Intellectual Property Network.

C.6 Professional Organization.

(a) Licensing Executives Society.

Appendix D Royalty Rates (New).

D.1 Royalty Rates for Technology, Second Edition 121

D.2 Royalty Rates for Trademarks and Copyrights, Second Edition.

D.3 Summary.

Index.