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Proper Calculation of Apportionment and Entire Market Value in University Patent Licenses

Format: On-Demand Video, DVD, or PDF Transcript
Originally presented: February 25, 2016

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Patent infringement litigation is an unfortunate fact of life for IP licensors, including universities, and has become a full-fledged industry unto itself, particularly in the digital era. Computers, microchips, telecommunications, superconductors, software, microprocessors and the like are filled with patented components that are giving rise patent challenges from competitors and patent assertion entities alike. That environment has also given rise to a critical issue for patent owners whose IP is but one component of a larger device or product – calculation of a reasonable royalty rate and damages.

The legal and valuation analysis often tilts on the concepts of apportionment and entire market value, and the terms in your license agreements can have a major impact on how a court determines an award – with two sides often worlds apart in their experts’ calculations. In the recent WARF v Apple verdict and award, for example, WARF pegged its reasonable royalty at $2.74 per device, while Apple argued for $0.07.

It is more critical than ever that licensing professionals and IP attorneys understand the recent changes in case law that impact reasonable royalty calculations, and how concepts like apportionment, entire market value, and smallest saleable unit can be effectively addressed both in license agreements and, if necessary, in court. That’s why Technology Transfer Tactics’ Distance Learning Division has partnered with a top industry expert to lead this information-packed webinar:

Proper Calculation of Apportionment and
Entire Market Value in University Patent Licenses

Register today and you will hear:

  • A review of pertinent case law includings:
    • Ericsson, Inc. v. D-Link
    • CSIRO v. Cisco
    • VirnetX, Inc. Cisco
  • The smallest saleable unit: what it is, how to find it, and when it applies
  • 10 different ways to calculate apportionment
  • Strategies for negotiating and translating the royalty rate and potential damages within the license
  • Examples of apportionment and EMVR language done right… and samples that were poorly drafted
  • Best practices for calculating reasonable royalty damages
  • Tips for making your royalties easier to track and easier to enforce

PLUS: Get your specific questions answered in the Q&A portion of the program!

Your Program Leader:

Krista F. HoltKrista F. Holt
President & CEO
GreatBridge Consulting

Ms. Holt provides expert witness testimony at trial for patent, trademark, trade secret, copyright, antitrust, and breach of contract cases for analysis of lost profits, determination of reasonable royalties, accounting of defendant’s profits, surveys, licensing and intellectual property valuation.

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CLP Credits are also available.


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