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As I mentioned, there needs to be both components, royalties and valuation. I'm not sure what the proper mix would be, but it seems like an area where a market
by tcbawo 8y ago
As I mentioned, there needs to be both components, royalties and valuation. I'm not sure what the proper mix would be, but it seems like an area where a market based solution could work. You'd probably need some form of arbitration to hammer out explicitly what is novel/being licensed. Patent trolls and large IP war-chest holding companies would probably hate this.
- patentatt 8y agoThe thing is that patent valuation is a black art, it’s not a science. The best approach as you suggest is market based, but for a lot of IP there is no efficient market setting prices. How often do we read headlines of $X billion in damages ‘awarded’ as the result of some litigation, only to find out years later that that number was overturned on appeal and it was really much much lower in the end. It’s just an imprecise thing.