- 425 - this Court previously noted: (1) In view of the broad definition of the term "Patent Rights", as defined in the March 28, 1978, agreement between Newport and Sloan-Kettering, it is difficult to see that IRC acquired ownership of anything that could be commercially exploited in a trade or business; (2) the existence of the IRC Shareholders-Newport Put/Call Agreement made it extremely unlikely IRC would ever exploit the research Newport conducted in a trade or business because (a) if the research were sufficiently successful to require the payment of royalties, then Newport likely would exercise its call option and, (b) if the research were not sufficiently successful to require the payment of royalties, then IRC's shareholders would be motivated to put their IRC shares to Newport in return for Newport common stock; (3) after its initial capital was expended, IRC had no further capital to conduct or finance further research, and the existence of the put and call agreements gave IRC's shareholders no incentive to contribute additional capital to IRC; and (4) some of IRC's shareholders apparently had always wanted to acquire Newport stock and such investment was structured as a research and development activity in the hope of allowing the investors a deduction for their investment. Although Kanter testified in the instant cases, we find his testimony unconvincing and view it as more in the nature of advocacy than the presentation of substantive evidence. It doesPage: Previous 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 Next
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