An Economically Sound Framework For Negotiating Licenses
August 10, 2011, 4:26 PM EDT
Law360, New York (August 10, 2011, 4:26 PM EDT) -- Companies engaged in real-world licensing negotiations that use shorthand rules with little economic basis to value-patented technologies run the risk of either leaving money on the table as licensors or paying too much as licensees. Moreover, such shortcuts can lead companies to take positions in negotiations that result in protracted and costly litigation while still ending up on the “losing side.”
Companies, therefore, would be advised to develop negotiating positions that reflect the economic value of the patented technology and, at the same time, look forward...