Replacing The 25 Percent Rule With Fact-Based Evidence−A Guide To Finding and Analyzing Royalty Rates

by David Jarczyk

David Jarczyk

ktMINE, President Chicago, IL, USA Vice-Chair, LESI IP Valuation Committee

Finding and analyzing fact-based evidence may provide the most defensible method for approximating reasonable royalty rates in the wake of the Uniloc Ruling. There is a substantial repository of fact-based evidence available in the form of third-party license agreement data and documentation, and specialized royalty rate data providers can provide analysts with an efficient and reliable portal to finding representative transactions. As a result, when comparable transactions are identified and analyzed with a thorough methodology and comprehensive search process, fact-based evidence can support the resulting analysis with proof of thorough due diligence that can stand up in litigation matters.

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