We are experts in the valuation and licensing of intellectual properties and intangible assets. Our valuation experts have professional valuation-related credentials from the AICPA, the American Society of Appraisers, and the CFA Institute. Our experience in complex commercial litigation involving intangible assets results in thoughtful and credible analyses that provide realistic assessments of value. Through these analyses, we have also developed perspective and expertise in the evaluation of commercial success that may be due to the use of a patented technology.
Intellectual Property Valuation
We regularly determine the fair market value or fair value of intellectual properties and other intangible assets. Due to our deep experience in litigated matters, we have a broad perspective on the amounts that are actually paid for rights to various types of intellectual properties and intangible assets.
Many of our valuations relate to businesses in which intellectual properties are the central assets of the operation or when a business is in an early stage, the value may be difficult to measure and is often contested. We have developed processes and analytics to work with any ambiguities to provide our clients with clear and supportable valuation advice.
Other intangible valuations have included contracts, customer intangibles such as customer lists, as well as copyrighted works such as software and trademarks. Our work has been in a wide range of industries including computer hardware and software, financial institutions, hospitals and research organizations, pharmaceuticals and medical devices, and consumer products.
Intellectual Property Licensing
We often are asked to assist licensees and licensors in connection with transactions to monetize their intellectual properties. We have assisted these parties in providing strategic licensing assistance, including evaluating royalty rates, analyzing deal structures and terms, assisting with implementation of licensing programs, and providing support during negotiations. We have also been involved in post-licensing disputes, royalty audits, arbitrations, and litigation.
The analysis of commercial success as a secondary consideration of non-obviousness in disputes over patent validity involves evaluating technical, market, and financial factors to determine whether a patented technology or other factors are responsible for the success of a product. In these matters, we combine our expertise in analyzing patented technologies to measure damages, our skills related to the evaluation of markets for valuation purposes, and our accounting and finance backgrounds to approach complex issues.
We are retained by interested parties to license agreements or other transactions to provide opinions on the fairness of the transaction terms. In these analyses, we examine whether the consideration provided by one party is of similar value to the assets or rights obtained by the other. Our analyses have been used in connection with the transfer of IP and intangible assets from for-profit to not-for-profit entities as part of transactions involving physicians and medical practices or when owners contribute IP assets in exchange for equity interests.
Analyzed the financial terms of a license for the use of software developed by the owner to a not-for-profit and constituted a fair market arrangement.
Evaluated the financial terms of a license between an orthopedist and a medical device manufacturer and constituted a fair market arrangement for compliance with the Stark Law.
Provided opinions for the terms of licenses and other business arrangements and did not constitute excess compensation in the context of a “pay-for-delay” settlement.
Experienced experts and consultants for challenging problems.