- 29 - 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 wasPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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