BVR's Guide to Intellectual Property Valuation, Second Edition

BVR's Guide to Intellectual Property Valuation, Second Edition

Michael Pellegrino

Language: English

Pages: 370

ISBN: 1935081608

Format: PDF / Kindle (mobi) / ePub

BVR's Guide to Intellectual Property Valuation is the definitive reference to draw credible and defensible IP value conclusions. Leading expert Michael Pellegrino delivers real-world case studies of IP valuation analyses from start to finish in each of the primary IP categories. This practical, hands-on Guide presents an objective framework for conducting due diligence of IP rights, performing the legal analysis, and correlating the impacts of IP rights on value. Chapter 1 About This Guide Chapter 2 IP Valuation Overview Chapter 3 About IP Valuation Chapter 4 Using Valuation Approaches Chapter 5 General Due Diligence Chapter 6 Patent Due Diligence Chapter 7 Copyright Due Diligence Chapter 8 Trademark Due Diligence Chapter 9 Trade Secret Due Diligence Chapter 10 Discount Rate Development Chapter 11 Determining Royalty Rates Chapter 12 Case Study in IP Valuation Chapter 13 Managing an Engagement Chapter 14 Auditor's Review Guide

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however, such strategies have proven to reduce the impacts of any possible residual errors. Practicing the Art The art in IP valuation relates to the qualitative judgments a valuation analyst renders to generate a final result. It is not a “gut” feeling a valuation analyst relies upon to render a conclusion in a valuation engagement. Frankly, clients would likely find little solace knowing their value opinion depends on what the valuation analyst had for lunch that day. Further, “gut”

the appropriate time horizon for consideration; Generating a credible, professional valuation report; and Knowing and admitting when you are in over your head. The next sections explore these principles in detail as well as the value impacts of artfully performing the valuation engagement. Understanding the Valuation Engagement While a seemingly simple thing to “get right” in a valuation engagement, coming to a mutual understanding of what exactly constitutes the valuation engagement

shape, representing a longer market adoption rate (e.g., VCRs, like the yellow line in the chart), while higher market shape values indicate a more steep market shape, representing a faster market adoption rate (e.g., MP3 players, like the magenta line in the chart). IP valuation analysts can generate a meaningful forecast of value using the Fisher-Pry model by calibrating it with empirical market adoption data if available. Without empirical data, IP valuation analysts instead look to proxy

value. At the very least, the blocking may require the patent owner to pay a reasonable royalty rate to the owner of the blocking patent. This royalty rate impairs value, since the royalty payment represents a cost against revenues generated by the patent. In the worst case, the blocking patent’s owner may refuse a license, thereby removing the possibility of taking a product to market. The patent owner would then have to engineer a solution that does not infringe—or abandon any infringing

discover potential conflicts with trademarks that already exist. For example, Company A decides to register trademark SuperCow associated with the selling of a dairy product. However, Company B already owns the SuperCow trademark for that purpose. Thus, Company A may not be able to use the SuperCow trademark. This is important for the valuation analyst in several ways. First, Company A cannot legally use the trademark in a manner consistent with the valuation engagement, because Company B’s

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