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William J. Murphy is a Professor of Law and Chair of the Commerce and Technology Law Graduate Program at the University of New Hampshire School of Law (formerly the Franklin Pierce Law Center), one of the top schools of intellectual property in the country. Murphy cofounded UNH Law's Intellectual Property Valuation Institute and currently serves as its director. He is the author of R&D Cooperation among Marketplace Competitors. Murphy earned a JD degree from Pennsylvania State University's Dickinson School of Law, and he holds master and doctorate degrees from Harvard Business School.
John L. Orcutt is the Associate Dean for Faculty Research and a Professor of Law at the University of New Hampshire School of Law. Orcutt cofounded UNH Law's Intellectual Property Valuation Institute and its International Technology Transfer Institute. Orcutt is the author of Shaping China's Innovation Future: University Technology Transfer in Transition. Before coming to UNH Law, Orcutt worked as a Silicon Valley investment banker and a capital markets attorney. Orcutt earned a JD degree from the University of California, Berkeley.
Paul C. Remus is a shareholder of the law firm of Devine, Millimet & Branch, P.A., in Manchester, New Hampshire. Remus concentrates his intellectual property practice in prosecuting patent applications, drafting noninfringement opinions, and licensing technology. He also mediates disputes involving intellectual property and is on the U.S. District Court Mediation Panel List. Remus also represents both companies and venture capitalists in private placements and other financing involving intellectual property. Remus earned a JD degree from the University of Michigan.
Preface | p. ix |
Acknowledgments | p. xiii |
Foundations for Patent Valuation and Decision Making | p. 1 |
Valuation Basics | p. 3 |
What Is Value? | p. 5 |
The Valuation Process | p. 7 |
Identifying the Subject Matter of the Valuation | p. 9 |
Valuation Misconceptions | p. 12 |
The Three Basic Valuation Methodologies | p. 16 |
Limitations on Rationality in Valuation and Decision-Making Exercises | p. 20 |
References | p. 20 |
Notes | p. 21 |
Patent Basics | p. 23 |
What Is a Patent? | p. 26 |
Anatomy of a Patent | p. 32 |
Criteria for a Patent | p. 33 |
Transferring Patent Rights | p. 36 |
Nationality of a Patent | p. 39 |
References | p. 40 |
Notes | p. 40 |
Using Valuation Analysis to Improve Patent Decision Making | p. 43 |
Patent Decisions | p. 45 |
Maximizing, Optimizing, and Satisficing: How Much to Invest in Valuation Analysis | p. 52 |
Preliminary Portfolio Valuation Audit: A Practical Valuation Technique | p. 58 |
References | p. 65 |
Notes | p. 65 |
Disassembly | p. 67 |
Disassembly and Decision Trees | p. 69 |
Using Disassembly to Develop Higher-Quality Data | p. 75 |
Using Disassembly to Understand Data Better | p. 84 |
References | p. 86 |
Notes | p. 87 |
Patent Valuation Techniques | p. 89 |
Preparing for the Valuation | p. 91 |
Understanding the Bundle of Legal Rights | p. 91 |
Ownership Interest in the Patent | p. 93 |
Description of the Patent Rights | p. 99 |
Encumbrances on the Patent Rights | p. 100 |
Understanding the Patent Rights' Neighborhood | p. 102 |
Exploiting the Patent Rights | p. 103 |
References | p. 117 |
Notes | p. 119 |
Income Methods: Discounted Future Economic Benefits Analysis | p. 121 |
Basic Arithmetic of the Discounted Future Economic Benefits Analysis | p. 124 |
Garbage In, Garbage Out: The Challenges Lay in the Inputs, Not the Math | p. 131 |
Projecting Future Net Economic Benefits | p. 133 |
Developing Projections from Analytical Analyses | p. 143 |
Estimating the Discount Rate | p. 151 |
References | p. 159 |
Notes | p. 160 |
Advanced Income Methods: Incorporating the Value of Future Decision Opportunities | p. 161 |
Option Contracts and Their Value | p. 164 |
Real Options | p. 168 |
Valuing Patents Using Option-Pricing Insights | p. 170 |
Using Decision Trees to Incorporate the Value of a Patent's Future Decision Opportunities | p. 174 |
References | p. 185 |
Notes | p. 186 |
Market Methods | p. 189 |
Markets and Patent Rights | p. 191 |
Competitive Exchange | p. 198 |
Comparable Transactions | p. 205 |
Alternatives to the Core Market Methods | p. 207 |
References | p. 214 |
Notes | p. 216 |
Cost Methods | p. 219 |
A Few Accounting Principles | p. 220 |
Cost of Development: Questionable Valuation Tool | p. 224 |
Cost of Reasonable Alternatives: Establishing a Maximum Price | p. 227 |
References | p. 230 |
Notes | p. 231 |
Patent Valuation in Practice | p. 233 |
Pricing Patent Licenses | p. 235 |
Payment Structures | p. 236 |
Determining the Price for a License | p. 246 |
Less Formal Valuation Techniques for Setting Royalty Rates | p. 248 |
References | p. 264 |
Notes | p. 265 |
Patent Infringement Damages | p. 269 |
U.S. Legal Framework for Calculating Damages in Patent Infringement Cases | p. 271 |
Lost Profits | p. 275 |
Reasonable Royalty | p. 285 |
Additional Patent Damages Matters | p. 297 |
Answering the Sue or Settle Question | p. 299 |
References | p. 306 |
Notes | p. 307 |
Unlocking the Potential Value within Patents | p. 313 |
Keeping Pace with Economic Changegraves | p. 316 |
Patents as Collateral for Secured Loans | p. 317 |
Securitizing Patents | p. 325 |
References | p. 333 |
Notes | p. 334 |
Valuation in Patent-Based Tax-Planning Strategies | p. 337 |
Examples of Patent-Based Tax-Reduction Strategies | p. 339 |
Transfer Pricing | p. 344 |
Determining Transfer Prices for Patent Rights | p. 348 |
References | p. 358 |
Notes | p. 359 |
About the Authors | p. 363 |
Index | p. 365 |
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