Cascade Designs, Inc. - Page 29




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               It is clear from the facts that much more than the passage             
          of time entered into the parties' considerations in negotiating             
          the 1982 agreement.  For the years 1973 through 1978, before the            
          parties entered into the 1979 sales agreement, Cascade reported             
          total gross income of $940,116 and total taxable income of                  
          $114,176.  For the years 1979 through 1982, the years after the             
          1979 sales agreement and before the 1982 agreement, Cascade                 
          reported total gross income of $7,638,233 and total taxable                 
          income of $979,043.  Furthermore, the parties expected the growth           
          rate of the sales, and Cascade's earnings, would continue to                
          increase.                                                                   
               We have found that the 1982 agreement modified the 1979                
          sales agreement.  Therefore, in deciding whether the 1982                   
          agreement was reasonable, we consider the value of all the                  
          transferred patents, not only the 776 patent and the 750                    
          technology.                                                                 
               The market value of the patents and the manufacturing                  
          technologies was greater in 1983 than in 1979 simply because the            
          demand for the mattresses had increased dramatically, the cost of           
          manufacturing the mattresses had decreased substantially, and any           
          doubts that the target market would accept a foam-filled self-              
          inflating air mattress were diminished greatly.  In summary, the            
          mattress was a successful product, and the market value of the              
          patents was more evident to Cascade and Lea in 1982 than it was             






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