- 14 - agreed to pay for the technology, and Bursell had no experience in the licensing of technology. Bursell never considered the fact that Cromwell could have obtained a license for the technology for a significantly reduced price and that Cromwell could have acquired the technology for only a running royalty. Bursell made no economic analysis, and he did not opine as to whether Cromwell could have made a profit. He merely testified vaguely that technology in general could be costly. He gave no opinion as to whether Cromwell's license had value or whether the price agreed to by Cromwell for the technology was reasonable. Jerry D. Ham, another of petitioners’ experts, did not testify that Cromwell agreed to pay a fair market value price for the license of the EOR technology. Ham was unclear as to what technology, in 1979, was included in the portfolio, and he could not explain why Cromwell purchased the technology from Elektra or what Elektra was obligated to provide in return for the license fee. Also, Ham was not aware of what Elektra had agreed to pay for the technology it licensed to Cromwell. Ham's opinion as to the reasonableness of the license fee has no credibility.1 As respondent’s expert explained in his testimony, the license fees for which Cromwell became obligated with respect to 1 Interestingly, Ham’s ultimate conclusion seems to be that, as a working interest owner who had hired an operator, there was really no need for Cromwell to license technology at all.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011