- 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