A reasonable royalty is the payment that would have resulted from a hypothetical negotiation between a patent licensor and licensee, usually taking place prior to a patent infringement or misappropriation date and a measure of damages for patent, trademark and trade secret related matters. There are a variety of methods used to determine reasonable royalties, including the use of established royalties, application of analytical methods, application of a discounted cash flow analysis and the use of the Georgia-Pacific factors, based on a 1970 federal court ruling.
In the September 7, 2017, print edition of The Daily Record, Zach Reichenbach, a manager in Ellin & Tucker’s Forensic and Valuation Service Group, dives into the concepts of the Georgia-Pacific framework and explains his take on why these factors should be the preferred method for trademark and trade secret matters in non-patent cases.
To read the rest of the article, please visit The Georgia-Pacific Factors and Reasonable Royalties on The Daily Record website (Subscription required) or pick up a print copy at your local news stand.
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As a manager in Ellin & Tucker’s Forensic and Valuation Services Group and member of the firm since 2008, Zach Reichenbach, CFA, CPA/ABV has extensive experience providing expert testimony in federal court and providing litigation services for domestic and international commercial damage and valuation engagements. He specializes in complex commercial damages, valuation, intellectual property, and forensic accounting assignments. Zach has worked on hundreds of cases ranging from simple contract disputes to complex litigation with millions of dollars at stake.He can be reached at email@example.com.