- 26 -
management techniques to improve worker productivity and
efficiency. We interpret the license agreement to include the
right to offer SMMT to both managerial and nonmanagerial
employees. Calling SMMT a management technique does not mean
that it is only available to managerial employees. The purpose
of SMMT is to increase productivity and efficiency in the work
force. Such improvements would not be possible without providing
instruction on SMMT to nonmanagerial employees. Petitioner held
weekly SMMT classes for all Nyingma employees. The fact that
petitioner only distributed the SMMT manuals to management does
not require the conclusion that SMMT was not available to
nonmanagerial employees. We find that petitioner licensed SMMT
for use by its managerial and nonmanagerial employees. Thus,
respondent's expert report understated the value of SMMT.
The wide availability of teachings of skillful means reduces
the value of SMMT. Petitioner attempts to distinguish between
skillful means, which Tulku described in his book with the same
name, and the licensed asset, which petitioner refers to as SMMT.
Petitioner's witnesses repeatedly referred to the book "Skillful
Means" as a general introduction to the practice of Dharma and
SMMT as an advanced version. However, petitioner has failed to
specifically identify the differences between skillful means and
SMMT that would enable us to assess the credibility of its
witnesses' testimony. Based on the record before us, we believe
that petitioner created an artificial distinction between
Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 NextLast modified: May 25, 2011