TreMonti provides three services as part of this function. In negotiating a license or sale of IP, some or all of these services may be needed.
Comparable Licensing Transactions
Under this service, TreMonti provides suggestions on an appropriate option or licensing structure for the specific technology under review. This may include items such as:
- Comparable licensing transactions;
- Appropriate up-front payments;
- Option and licensing milestones; and,
- Appropriate royalty rates.
TreMonti utilizes internal technical expertise combined with a variety of relevant, publicly available and internal reports and data sources to develop the deliverables for this service. Our internal expertise is derived from our deep experience in the licensing and negotiation of university technologies. In addition to our internal database of deal and deal information, we also access secondary sources such as press releases and SEC filings. Furthermore, our large and diverse clientele, including industry and research institutions, gives us insight that other companies do not have.
Intellectual Property Valuation
TreMonti can assist in estimating the fair market value of a piece of intellectual property as of a current date. For the purpose of such an analysis, fair market value would be defined as the amount at which property would change hands between a willing seller and a willing buyer when neither is acting under compulsion and when both have reasonable knowledge of the relevant facts.
The scope of our analysis would usually consider the relevant factors in valuing the intellectual property, specifically:
- History and nature of the patent;
- Expenses related to the development of the patent;
- Industry and general economic conditions;
- Earnings capacity;
- Contracts/licensing related to the patent; and,
- Values of assets similar to the patent.
Licensing Negotiation Assistance
TreMonti can assist in reviewing potential licenses or research opportunities relating to a client’s intellectual property. As part of these efforts, TreMonti works with both the client and potential licensee(s) or research partner(s) to prepare and negotiate a binding term sheet and license. Our goal in this process is to conclude a deal that will be satisfactory to all parties and help create a relationship between the licensee and client that goes beyond the license.