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Intellectual Property: Valuation, Exploitation, and Infringement Damages » (4th Edition)

Book cover image of Intellectual Property: Valuation, Exploitation, and Infringement Damages by Russell L. Parr

Authors: Russell L. Parr, Gordon V. Smith
ISBN-13: 9780471683230, ISBN-10: 047168323X
Format: Hardcover
Publisher: Wiley, John & Sons, Incorporated
Date Published: April 2005
Edition: 4th Edition

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Author Biography: Russell L. Parr

Gordon V. Smith is chairman of AUS, Inc. and president of AUS Consultants. He has advised clients in valuation matters for over 40 years. His assignments have included appraisals of nearly every type of tangible and intangible property as well as consultations relative to royalty rates, economic life, and litigation damages for intellectual property. Clients have been many of the Fortune 500 and major international law firms, as well as research and educational institutions, regulatory bodies, and the U.S. government.

Mr. Smith, a graduate of Harvard University, has lectured on valuation subjects throughout the Americas, in Europe, and extensively in Asia. He has taught university-level courses at Singapore Management University and conducted seminars for the IP Academy (Singapore), the Chinese government, the U.S. Treasury Department, numerous private organizations and corporations, and has lectured in various countries for the World Intellectual Property Organization.

He is a member of the Advisory Committee on Intellectual Property and Board of Trustees of Pierce Law, whose intellectual property curriculum is nationally recognized. He is also an adjunct professor there and a regular guest lecturer. An active member of the International Trademark Association, Mr. Smith is also a member of the Licensing Executives Society, His Writings include many professional papers and articles that have appeared in publications here and abroad.

He has authored for books, published by John Wiley & Sons, Inc., titled: Corporate Valuation: A Business and Professional Guide;Trademark Valuation; Valuation of Intellectual Property. and Intangible Assets (Coauthor); Intellectual Property: Licensing and Joint Venture Profit Strategies (Coauthor), and has contributed to several other Wiley intellectual property and tax reference books.

Russell L. Parr, CFA, ASA, is president of IPRA, Inc.-Intellectual Property Research Associates (www.ipresearch.com). He is an expert in determining the value of intellectual property. Mr. Parr's books about intellectual property value and management are published in Japanese, Korean, Italian, and English. He is dedicated to the development of comprehensive Methods for accurately defining the value of intellectual property.

Highlight assignments conducted by Mr. Parr have included the valuation of the Dr. Seuss copyrights and the patent portfolio of AT&T. Mr. Parr also has conducted valuations and royalty rate studies for communications technology, pharmaceuticals, semiconductor process and product technology, automotive battery technology, lasers, agricultural formulations, biotechnology, computer software, drug delivery systems, medical products  technology, incinerator feed systems, camera technology, flowers, consumer and corporate trademarks, motivational book copyrights, and cosmetics. His opinions are used to accomplish licensing transactions, acquisitions, transfer pricing, litigation support, collateral-based financing, and joint ventures.

Mr. Parr has written 24 articles that have been published in various professional journals. he has spoken at over 30 conferences regarding the value of technology, including those sponsored by the World Intellectual Property Organization in Singapore and Lima, Peru. He also has testified about the value of companies and intellectual property over 40 times at deposition, trial, or for arbitration.

Mr. Parr has a master's in business administration from Rutgers University (1981); a bachelor of science in electrical engineering, from Rutgers University (1976); coursework toward Ph.D. in the International Business Management Program at Rutgers University. His Professional designations include Chartered Financial Analyst (CFA) from the Association for Investment Management and Research and Accredited Senior Appraiser (ASA) of the American Society of Appraisers.

Among Mr. Parr's writings are five books published by John Wiley & Sons and three books published by IPRA, Inc.

His Wiley books include: Valuation of Intellectual Property & Intangible Assets, third edition: Intellectual Property: Joint venture and Profit Strategies, second edition: Intellectual Property Infringement Damages: A Litigation Support Handbook, second edition: Investing in Intangible Assets; and Corporate Strategies for Maximizing Value.

His book published by IPRA, Inc. Include: Royalty Rates for Pharmaceuticals and Biotechnology, fifth edition; Royalty rates for Technology, third edition; and Royalty rates for trade-marks and Copyrights, Second edition.

Book Synopsis

Smith and Parr combine and revise their earlier works, Intellectual Property: Licensing and Joint Venture Profit Strategies, Intellectual Property Infringement Damages: A Litigation Support Handbook, and Trademark Valuation. The volume begins with a section on valuation, containing chapters on intellectual property and intangible assets in the world today, accounting issues, tax issues, valuation principles and techniques, cost approach, market approach, income approach, theory and practice, early-stage technology valuation, and international issues. The section on licensing covers intellectual property exploitation strategies, economic contributions of intellectual property, global exploitation potential, use of the 25% rule in valuing intellectual property, licensing economics and royalty rights, licensing negotiations and agreements, internet asset licensing, and university technology transfer. The final section, on infringement damages, discusses lost-profit calculations, discounted cash flow analysis, market-derived royalty rates, trademark damages, infringement of agricultural biotechnology-derived products, court-awarded royalty rates in patent infringement cases, trademark damage trends in the Federal Circuit, and trade secret damages. Annotation ©2006 Book News, Inc., Portland, OR

Table of Contents

1Intellectual property and intangible assets in the world today3
2Defining intangible assets and intellectual property13
3Defining intangible assets and intellectual property - trademarks36
4Intangible assets and the business enterprise66
5Accounting issues81
6Tax issues117
7Valuation principles and techniques140
8Cost approach156
9Market approach169
10Income approach - quantifying the economic benefit185
11Income approach - timing and pattern of receiving the economic benefit212
12Income approach - evaluating the risk of receiving the economic benefit and putting it all together241
13When theory meets practice252
14Special valuation situations270
15Early-stage technology valuation285
16International issues301
17Emergence of intellectual property exploitation strategies313
18Introduction to exploitation strategies321
19Economic contributions of intellectual property352
20Global exploitation potential376
21Risks of exploitation395
22Use of the 25% rule in valuing intellectual property410
23Licensing economics and royalty rates427
24Determining a royalty rate - an example460
25Dealing with early-stage intellectual property477
26Trademark licensing494
27Licensing negotiations and agreements518
28Licensing Internet assets536
29Another view of licensing strategies548
30Joint venture564
31University technology transfer583
32Organizing for the future592
33Monitoring license agreements605
34Lost-profit calculations617
35Royalty rates and the Georgia-Pacific factors648
36The analytical approach655
37Discounted cash flow analysis661
38Market-derived royalty rates669
39Trademark damages675
40Estimating damages for infringement of agricultural biotechnology-derived products697
41A review of court-awarded royalty rates in patent infringement cases (1990-2001)706
42Trademark damage trends in the Federal Circuit (1982-2001)723
43Recent decision : copyright infringement damages can be based on value of licenses732
44Trade secret damages747
AInvestment rate of return757
BTheoretical foundations for the determination of a fair rate of return on intellectual property769
CThe use and abuse of Iowa curves when quantifying appraisal depreciation771
DFinancial and business information sources785
ESample royalty rate information797
FOverview of new product diffusion sales forecasting models817

Subjects