- 13 - Petitioners' experts emphasize that under Technology-1980's development license, Technology-1980 was obligated to pay $20,000 as an advance process royalty for each oil recovery installation that was actually constructed. Petitioners' experts, however, neglect the provision that would allow Technology-1980 to apply any such advance process royalty paid to reduce or offset the production royalty that would become due. Petitioners emphasize that Cromwell agreed to pay a fourth for its license of EOR technology of what Technology-1980 agreed to pay. The only reason, however, that Cromwell was obligated to pay less for its license of EOR technology was that Cromwell sold fewer partnership units to investors. As stated, total license fees due from the partnerships were based on the number of partnership units sold. Because the evidence establishes that the fixed license fees that were agreed to were not justified at all, that they did not bear any relationship to what was acquired, and that they were not normal in the oil and gas industry, nominal differences between Cromwell’s stated license fees and Technology-1980's stated license fees do not constitute a material distinguishing fact. Petitioners' expert, Bursell, testified that Cromwell's license fees for EOR technology were not particularly excessive in amount. Bursell, however, did not even know what Cromwell hadPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011