What is your Intellectual Property Worth? Methods for Determining Value
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The document discusses methods for determining the value of intellectual property. It describes different types of intellectual property that can be grouped into marketing bundles, technical bundles, and IT bundles. The value of IP depends on the context and can be determined using traditional valuation methods like the market approach, cost approach, and income approach or proprietary methodologies. It provides case studies that use different valuation approaches like lost profits, disgorgement of profits, and reasonable royalties to determine damages in IP litigation cases.
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Continuing Turmoil and Crisis In Subprime Mortgages: Challenges And Opportuni...CONSOR Intellectual Asset Management
This document discusses challenges and opportunities for selling subprime mortgages out of bankruptcy. It notes that while estates prefer immediate sales, licensing and operational issues can slow the process and reduce value. A sale is generally faster than a reorganization plan but a plan allows more flexibility to address transitional issues. Key considerations for a sale include intellectual property, regulatory licensing requirements, valuation challenges, and structuring purchase and servicing agreements.The Economic Tsunami: Key Issues in IP Due Diligence
The document discusses key issues around intellectual property (IP) due diligence and monetization during mergers and acquisitions. It outlines five critical elements for maximizing IP value, including understanding where the greatest strategic and realizable value lies. The document also discusses when IP valuation is necessary, how to identify and bundle IP assets for value, and various methods for monetizing IP assets, including sales, licensing, and litigation. It provides a case study of a multi-jurisdiction bankruptcy and IP sale involving a global automotive supplier.
Key Issues in IP Due Diligence, Auction, Sale, and Monetization
The document discusses key issues in valuing and disposing of intellectual property assets. It describes identifying IP/intangible asset bundles, triaging assets by quality, benchmarking valuations, and marketing asset bundles through direct sales or static auctions. Case studies show direct sales of bundled patents from Collins & Aikman and tax benefits from selling bundled patents from Amherst Fiber Optics.
Corporate Brand Royalty Rates and Deals
Corporate brand royalty rates and deals are changing according to the presented document. Many product categories are declining such as gifts/novelties, apparel, and housewares. Issues include the deteriorating economy, retail turmoil, consumer indifference, and private label growth. New issues involve more corporate bankruptcies. Financial aspects now include lower royalty rates, smaller guarantees, and more flexibility. Product opportunities exist in food, consumables, services, and home devices. Distribution opportunities include e-commerce, TV direct, mobile commerce, and restaurants. E-commerce brands achieving success include Coca-Cola, Budweiser, and NASCAR.
Valuation, Damages and Expert Witnesses: Intellectual Property and Intangible...
Valuation, Damages and Expert Witnesses: Intellectual Property and Intangible...CONSOR Intellectual Asset Management
This document summarizes topics related to valuation, damages, and expert witnesses in intellectual property and intangible asset disputes. It discusses various types of damages awards, standards for expert witnesses, methods for valuing intangible assets and establishing royalty rates, and case studies related to patent, trademark, copyright, and right of publicity litigation. A case study at the end values stock distribution, dividend income, payments, and retirement benefits for a company conglomerate at over $325 million using an income approach and discounted cash flows. The document concludes by discussing future trends in intellectual property.Setting the Standards: Advances and Challenges in IP Valuation
The document discusses challenges and advances in accurately valuing intellectual property (IP). Some key points discussed include:
1) Valuing IP is challenging as methodologies are evolving, different standards exist, and IP values constantly change.
2) New standards have been established for accounting and business combinations, though challenges remain in defining value, establishing single standards and methodologies.
3) The context, such as purpose of valuation and jurisdiction, determines IP value as the same IP can have different values simultaneously.
4) Accountants have limitations in valuing IP as financial statements are historically based rather than focused on future or defensive value which IP may provide.
5) Cross-border transactions pose issues with different
Valuation and Monetization of Corporate IP
This document discusses maximizing the value of corporate intellectual property through valuation and monetization strategies. It outlines five critical elements for maximizing IP value, including understanding where the greatest strategic value lies and how to extract maximum value. Potential stakeholders who care about IP value are identified. The document also discusses methods for monetizing IP assets, such as licensing, sale, collateralization and securitization. Specific strategies and case studies are provided to illustrate how IP value has been maximized through different approaches.
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This document discusses challenges and opportunities in the sale process of subprime mortgages during times of turmoil and crisis. It covers key considerations around plan vs. sale approaches, intellectual property and regulatory issues, auction processes, valuation challenges, and terms of mortgage loan purchase and servicing agreements.More from CONSOR Intellectual Asset Management (9)
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Valuation, Damages and Expert Witnesses: Intellectual Property and Intangible...
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What is your Intellectual Property Worth? Methods for Determining Value
- 1. What Is Your Intellectual Property Worth? Methods for Determining Value Presented by: Weston Anson CONSOR Intellectual Asset Management 800.454.9091 www.consor.com 25 th National CLE Conference Vail, Colorado January 5, 2008 ®
- 6. Context of the Valuation IP Value is Context Specific: Brand/TM Patent/Technical IT/Software Joint Venture or Sale Litigation Internal Development Licensing External ®
- 11. Case Study #1 After-market parts supplier Litigation Lost profits Disgorgement of profits Loss in business value Reasonable royalties Copyright infringement Revenue projections Discounted cash flows Income Approach Company: Context: Components: Cause: Approach: Concept of Value: ®
- 12. Case Study #1 (cont.) $ 25,000 NA Alternative reasonable royalties $ 450,000 $ 45,000,000 TOTAL DAMAGES 150,000 20,000,000 Loss in business value NA 10,000,000 Lost profits $ 300,000 $ 15,000,000 Disgorgement of profits Rebuttal Plaintiff Category ®
- 13. Case Study #2 Food Manufacturer Litigation Lost royalty income Brand valuation Trademark infringement Revenue projections Discounted cash flows Income Approach Relief from Royalty Company: Context: Components: Cause: Approach: Concept of Value: ®
- 14. Case Study #2 (cont.) $ 35,000,000 $ 38,250,000 4.5% $ 850,000,000 Retail Food $ 185,000,000 $ 50,000,000 BRAND VALUATION $ 52,875,000 $ 14,625,000 LOST ROYALTIES NA 1.5% Royalty rate $1,825,000,000 $ 975,000,000 Infringing sales Total Foodservice Category
- 15. Case Study #3 Auto parts manufacturer Litigation Lost profits Reasonable royalties Breach of contract Trademark infringement Revenue projections Discounted cash flows Income Approach Company: Context: Components: Cause: Approach: Concept of Value: ®
- 16. Case Study #3 (cont.) $ 1,415,000 635,000 0 $ 360,000 420,000 Plaintiff $ 695,000 1,250,000 (1,310,000) $ 540,000 215,000 Rebuttal $ 720,000 TOTAL DAMAGES (615,000 1,310,000 Unjust enrichment (post- termination) Less: mitigation $ (180,000) 205,000 Breach of contract Counterfeit units Lost Profits: Variance Category
- 17. Case Study #4 Conglomerate Litigation Valuation of stock distribution Valuation of dividend income Valuation of payments Valuation of retirement benefits Trademark infringement (Celebrity) Discounted cash flows Income Approach Enterprise Valuation Company: Context: Components: Cause: Approach: Concept of Value: ®