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

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.

Search LESI

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors