Around the world, analysts are experiencing a heightened need to provide fact-based economic evidence when using market royalty rates for IP valuations. At the same time, courts, government authorities, auditors, and damages experts are taking greater care to dissect and dispute the comparability of chosen market transactions to the tested/subject transaction. To ensure a defensible position, meticulous attention should be paid to these factors of comparability when conducting an IP analysis using third-party license agreements. When evaluated fully, the text of a license agreement can provide valuable details justifying, or negating, specific factors of comparability and can provide ample evidence supporting a reliable measure of an arm’s length result.

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*Disclaimer: The opinions expressed in this presentation are that of the presenter(s) and do not necessarily reflect the views and opinions of the American Society of Appraisers.

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