Royalty Payment

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Jingdong Yan - One of the best experts on this subject based on the ideXlab platform.

Sean Oconnor - One of the best experts on this subject based on the ideXlab platform.

  • using stock and stock options to minimize patent Royalty Payment risks after medimmune v genentech escholarship
    2007
    Co-Authors: Sean Oconnor
    Abstract:

    The Supreme Court’s recent decision in MedImmune v. Genentech left patent owners who license out their patents in exchange for Royalty streams in a bad spot. It is an especially dire spot for patent owners such as universities who incur substantial opportunity costs when they grant an exclusive license to a licensee who pays relatively little up front, in exchange for paying a potentially sizable Royalty stream if or when products based on the patents are successfully commercialized and sold in the marketplace. Because the MedImmune decision allows such licensees to bring declaratory judgment actions to invalidate the patent or establish the licensee’s products as non-infringing with no particular trigger and without repudiating the licensee (and thus avoiding the possibility of a patent owner suit for infringement), it is expected that licensees will take a license just to buy time to develop a product with relative freedom to operate and then attempt to invalidate the patent once a product looks like it will become profitable and royalties would have to be paid. While some have suggested that the solution to this is simply for patent owners to demand full Payment of the net present value of the Royalty stream up front, this will simply not be possible for many start up and mid sized companies who license technologies from universities and other routine licensors. The author instead proposes a method for licensors to take some combination of stock and stock options in the licensee – that essentially the licensee can “afford” to pay in the near term even while short on cash and revenues – while still allowing the licensor to participate in the potential upside of a successful commercialization effort of the licensor’s patents by the licensee, but in a manner that is fully accrued to the licensor upon the execution of the license.

Sean M Oconnor - One of the best experts on this subject based on the ideXlab platform.

  • using stock and stock options to minimize patent Royalty Payment risks after medimmune v genentech
    New York University Journal of Law and Business, 2007
    Co-Authors: Sean M Oconnor
    Abstract:

    The Supreme Court's recent decision in MedImmune v. Genentech left patent owners who license out their patents in exchange for Royalty streams in a bad spot. It is an especially dire spot for patent owners such as universities who incur substantial opportunity costs when they grant an exclusive license to a licensee who pays relatively little up front, in exchange for paying a potentially sizable Royalty stream if or when products based on the patents are successfully commercialized and sold in the marketplace. Because the MedImmune decision allows such licensees to bring declaratory judgment actions to invalidate the patent or establish the licensee's products as non-infringing with no particular trigger and without repudiating the licensee (and thus avoiding the possibility of a patent owner suit for infringement), it is expected that licensees will take a license just to buy time to develop a product with relative freedom to operate and then attempt to invalidate the patent once a product looks like it will become profitable and royalties would have to be paid. While some have suggested that the solution to this is simply for patent owners to demand full Payment of the net present value of the Royalty stream up front, this will simply not be possible for many start up and mid sized companies who license technologies from universities and other routine licensors. The author instead proposes a method for licensors to take some combination of stock and stock options in the licensee - that essentially the licensee can "afford" to pay in the near term even while short on cash and revenues - while still allowing the licensor to participate in the potential upside of a successful commercialization effort of the licensor's patents by the licensee, but in a manner that is fully accrued to the licensor upon the execution of the license.

José T. Esquinas-alcázar - One of the best experts on this subject based on the ideXlab platform.

  • Plant Genetic Resources and Food Security – Stakeholder Perspectives on the International Treaty on Plant Genetic Resources for Food and Agriculture
    2012
    Co-Authors: Christine Frison, Francisco López, José T. Esquinas-alcázar
    Abstract:

    Dedication. Acknowledgements. List of Figures, Tables and Boxes. Notes on Contributors. Preface. Acronyms and abbreviations. 1. Introduction: A Treaty to Fight Hunger: Past Negotiations, Present Situation, and Future Challenges. Part I: Perspectives on the Treaty by Regions in the World. 2. Overview of Regional Approaches: The Negotiating Process of the International Treaty on Plant Genetic Resources for Food and Agriculture. 3. The African Regional Group: Creating Fair Play Between North and South. 4. The Asian Regional Group. 5. The European Regional Group: Europe's Role and Positions During the Negotiations and Early Implementation of the International Treaty. 6. The Latin American and Caribbean Regional Group: A Long and Successful Process for the Protection, Conservation and Enhancing of PGRFA. 7. The Near East Regional Group: Centring the Diversity for Unlocking the Genetic Potential. 8. The North American Regional Group: Globalization that Works. 9. The South West Pacific Regional Group: Pacific Island Countries and Territories. Part II: Perspectives on the Treaty by Stakeholders in the World Food Chain. 10. International Non-Governmental Organizations: The Hundred Year (or so) Seed War: Seeds, Sovereignty and Civil Society. A Historical Perspective on the Evolution of 'The Law of the Seed'. 11. International Research Centres: The Consultative Group on International Agricultural Research and the International Treaty. 12. The Seed Industry: Plant Breeding and the International Treaty on Plant Genetic Resources for Food and Agriculture. 13. Farmers' Communities: A Reflection on the Treaty from Small Farmers' Perspectives. 14. Genebank Curators: Towards Implementation of the International Treaty on Plant Genetic Resources for Food and Agriculture by the Indian National Genebank. 15. Plant Breeders: The Point of View of a Plant Breeder on the International Treaty on Plant Genetic Resources for Food and Agriculture. 16. The Global Crop Diversity Trust: An Essential Element of the Treaty's Funding Strategy Geoffrey Hawtin, CIAT. 17. Consumers: Biodiversity is a Common Good. Part III Experts' Views on Future Challenges in Implementing the Treaty: Trust and Benefit-sharing as the key. 18. Our Heritage is Our Future: Humankind's Responsibility for Food Security. 19. An Innovative and Transparent Option for Royalty Payment Under the ITPGRFA: Implementing the Article 6.11 Crop-related Modality of the SMTA. 20. Conclusions by the Editors: Summary and Analysis of Issues Raised by Authors and Further Development of Possible Ways Forward. Index.

Alan Zinober - One of the best experts on this subject based on the ideXlab platform.

  • When are capital structure decisions nonseparable from production planning? : the case of generalized Royalty-based hybrid finance
    2015
    Co-Authors: Kim Kaivanto, Alan Zinober
    Abstract:

    The well-known result that capital structure is irrelevant for firm value follows from a set of assumptions conducive to theoretical analysis. In this note we explore the implications of relaxing one of these assumptions: the independence of cash flows from capital structure. Unlike debt and equity, funding that is accompanied by a Royalty Payment obligation has the effect of increasing marginal cost, to which a profit-maximizing firm responds by reducing output, violating the independence assumption. We study the effect on optimal production plans of generalized Royalty Payment obligations in which the Royalty rate need not be constant across partitions of cumulative output, resulting in piece-wise linear cumulative Royalty schedules that are not everywhere differentiable. The associated optimization problem for intertemporal production planning is nonstandard as it is not time separable. Here we solve this nonstandard problem by formulating an equivalent problem that in turn can be solved by the Pontryagin Maximum Principle using numerical techniques. When generalized Royalty-based finance is included in the financing mix, the optimal production plan is non-trivially related to capital structure and capital structure is relevant to firm value. Unless the financing mix is restricted to debt and equity, financing decisions and production planning decisions cannot be undertaken independently in general.

  • When are capital structure decisions nonseparable from production planning
    2015
    Co-Authors: Kim Kaivanto, Alan Zinober
    Abstract:

    The well-known result that capital structure is irrelevant for firm value follows from a set of assumptions conducive to theoretical analysis. In this note we explore the implications of relaxing one of these assumptions: the independence of cash flows from capital structure. Unlike debt and equity, funding that is accompanied by a Royalty Payment obligation has the effect of increasing marginal cost, to which a profit-maximizing firm responds by reducing output, violating the independence assumption. We study the effect on optimal production plans of generalized Royalty Payment obligations in which the Royalty rate need not be constant across partitions of cumulative output, resulting in piece-wise linear cumulative Royalty schedules that are not everywhere differentiable. The associated optimization problem for intertemporal production planning is nonstandard as it is not time separable. Here we solve this nonstandard problem by formulating an equivalent problem that in turn can be solved by the Pontryagin Maximum Principle using numerical techniques. When generalized Royalty-based finance is included in the financing mix, the optimal production plan is non-trivially related to capital structure and capital structure is relevant to firm value. Unless the financing mix is restricted to debt and equity, financing decisions and production planning decisions cannot be undertaken independently in general.