Stephen D. Podd - Page 41

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          agreement was later amended to provide for royalties at a 13-percent        
          rate, effective January 1, 1989.                                            
               Accordingly, by 1989, the Sea Bulk patents were being licensed         
          at royalty rates of 5 percent and 13 percent.  We believe that this         
          range of royalties circumscribes the appropriate royalty rate to be         
          paid for use of the Amoco patents as well.                                  
               Petitioners describe the Amoco patents as being superior to the        
          Sea Bulk patents, and therefore capable of commanding higher royalty        
          rates.  We believe, however, that the Amoco patents can best be             
          described as more specialized and designed for a particular use,            
          whereas the Sea Bulk patents were intended for more general usage.          
               Petitioners also point to the substantial increase in profits          
          of Powertex that resulted from sales of the Amoco liners as a factor        
          to justify a high royalty rate.  Although we agree that the Amoco           
          patents were an important factor in generating those profits, we            
          believe that they were not the only catalyst.  During 1987, Amoco           
          chose Powertex as its sole source of intermodal container liners, in        
          part because they had developed a good working relationship and             
          Powertex had agreed to build a facility near Amoco's Cooper River           
          plant.  The skill and expertise which the Podds had accumulated in          
          designing and manufacturing liners also influenced the profitability        
          of Powertex.  Consequently, we do not agree with petitioners that           
          the substantial increase in profits of Powertex is attributable             
          exclusively to use of the Amoco patents.                                    






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