- 28 - technology. Respondent's expert opined that the 1979 sales agreement established the value of the patents at $300,000, and that the only difference between the 1979 sales agreement and the 1982 agreement was the "addition of the '776 patent and '750 application." Accordingly, respondent's expert concluded that "The valuation of the patent and patent application portfolio at December 31, 1982 would, therefore, have differed from the $300,000 valuation under the 1979 Agreement only by the passage of time", and that the value of the patents and patent applications transferred in the 1982 agreement was between $300,000 and $2 million. We do not find respondent's expert witness' rebuttal persuasive. Respondent's expert relied heavily on a 1983 appraisal of Cascade's stock value to determine the value of the patents. This appraisal was commissioned by Cascade and performed by Management Advisory Services. The appraisal valued Cascade's stock at $2,450,000, including a control premium. Respondent's expert, therefore, concluded the maximum value of the patents and patent applications sold by Lea to Cascade is $2 million; the value "established for the entire company, including all of its technology, patents and applications", less the control premium. Respondent's expert did not consider that the appraised value of the stock was based in part on Cascade's estimated net earnings: its earnings minus the patent payments.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011