- 12 - sands properties and that Cromwell had a unique relationship with Todd Doscher, an internationally recognized expert in EOR technology. To the contrary, only Technology-1980's license had any provision for using the technology on additional property it might acquire, and any expertise that Todd Doscher had to offer would benefit all of the partnerships equally. Petitioners argue that Cromwell’s license for EOR technology reflected significantly more favorable terms than Technology- 1980's license. As persuasively established, however, by respondent's expert, John R. Dosher of The Pace Consultants, Inc., in spite of nominal differences, the licenses of the various partnerships contained no material differences. Cromwell’s license committed Cromwell to unjustified, fixed fees that were linked to the number of partnership units sold, and to an additional royalty on actual production. Technology-1980’s license provided the option for Technology-1980 to terminate its license and limit the fixed fees. Cromwell’s license did not have this option. While Cromwell’s license provided for a reduction of the fixed fees based on production royalties actually paid, this provision would be meaningful only in the event of commercial production. Considering the unlikely chance that production would occur, any benefit from this provision is illusory.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011