John C. Vanderschraaf and Cornelia Vanderschraaf, et al. - Page 6

                                        - 6 -                                         
          technology for use on particular properties typically does not              
          occur in the oil industry.                                                  
               In the late 1970's and early 1980's, when the license                  
          agreements involved in these cases were entered into, the                   
          established license fee in the oil industry for the right to use            
          EOR technology was a 2-3 percent running royalty based on                   
          incremental increased oil production, or on the income actually             
          realized therefrom, that was attributable to the particular EOR             
          technology being licensed.  The fixed fees to be paid by Boulder,           
          Tech-1979, and Winfield for the EOR technology licenses were not            
          competitive in the oil industry and were contrary to industry               
          norms.                                                                      
               It was not necessary for Boulder, Tech-1979, and Winfield to           
          license these technologies.  Of the technologies licensed --                
          Carmel VaporTherm (Carmel), TEC, ElektraFlo, and SME Oil Drive --           
          only the TEC and Carmel processes were developed to any                     
          significant extent, and the TEC and Carmel processes could have             
          been licensed by the partnerships directly from the inventors               
          thereof for running royalties based solely on income realized               
          therefrom.  Thus, it was not necessary for Boulder, Tech-1979,              
          and Winfield to license the Carmel and TEC processes from Elektra           
          and pay up-front fees for them.                                             
               In the oil exploration and production industry, it is                  
          ordinary to lease tar sands properties based on projections of              
          reserves, not oil in place.                                                 




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011