AS A RESULT OF EXTENSIVE EXPERIENCE IN NEGOTIATING AND REVIEWING LICENSES, and participating in licensing and compliance programs, our Intellectual Property professionals are very knowledgeable of licensing custom and practice across many industries. With the rapid growth of licensing programs, the emergence of both publicly and privately held intellectual property holding companies, technology licensing companies, intellectual property aggregators and transaction intermediaries, intellectual property enforcement and licensing are at an all time high, by some estimates more than doubling in the last five years. We are regularly engaged by licensors and licensees to perform economic analyses to support royalties in licensing transactions. In addition, we closely monitor and stay current on issues that impact intellectual property licensing, enforcement and licensing compliance through project work, participation in licensing and intellectual property professional organizations, and through advanced study associated with acquiring and maintaining national financial and licensing credentials.
Within Intellectual Property Licensing Consulting and Compliance Audits, our service offerings include:
- LICENSING CONSULTING. We regularly assist clients in developing economic analyses to support proposed royalties for licenses outside of litigation and in settlement of infringement disputes. We have participated in licensing negotiations as well as supported licensing negotiation participants, working equally with outside counsel, in house counsel and client business personnel. Our services include researching the relevant markets for the subject matter to be licensed, researching and analyzing relevant target licensee information, and conducting research into relevant third-party licensing transactions and royalty studies. We use generally accepted approaches to determine royalties, are cognizant of the evolving judicial landscape for IP damages, and perform sophisticated analyses using complex business decision metrics (e.g., the StoneTurn Licensing Royalty Matrix – RoyaltyMax™) and econometric models.
- LICENSE AND ROYALTY AUDITS. We are regularly retained by clients to assist in conducting or defending license compliance and royalty audits. We work with counsel and clients to review license agreements, understand and apply the relevant royalty computation, payment, and reporting requirements of the license, request and review responsive documents related to the license, and interview party personnel to understand how the license requirements were interpreted and applied, as well as how the royalty payments were computed. We have broad experience in on-site visits wherein we have interviewed licensee personnel, reviewed documents, reconciled royalty reporting to a licensee’s broader financial results, and validated royalty computations. We have worked for licensors, licensees, and as neutral license and royalty auditors.
- LICENSING EXPERT WITNESS. We have been designated as experts across the U.S., as well as in matters pending in Europe and Asia, on licensing compliance, custom and practice,and royalty rate determinations. These have included matters pending in courts, arbitration, and in private negotiations, including serving as a neutral fact finder or arbitrator.