Valuing Intellectual Property in the Context of Bankruptcy




About the Course:

This session provides a thorough overview of how intangible assets–ranging from patents to trademarks and from copyrights to trade secrets–are valued in restructuring scenarios and in bankruptcy proceedings. Keen insight into the bankruptcy process–including the role of trustees and creditors committees–are imparted. The session ends with case studies that provide real world insight into how intangible assets are valued in bankruptcy proceedings.

If you don’t know the answers to questions such as those below, you really should listen to this webinar:

  • What is a stalking horse and what is the role of a stalking horse in bankruptcy?
  • Is it suitable to use valuations from recent rounds of financing to value intangible assets in bankruptcy?
  • Is it necessary to prepare an apportionment analysis when valuing intellectual property in bankruptcy?
  • When valuing patents, when is the value of a patent for internal uses controlling? When is the value of a patent for licensing controlling? When is the value of a patent for sale controlling?
  • What are accepted formulas for determining the values of trademarks in bankruptcy?
  • What is relatively more important than the rate of growth in determining the ratio of the trademark asset as a proportion of (initial) annual sales?
  • Generally, what kinds of discounts should sellers of trademarks expect to receive when selling their trademarks in bankruptcy?
  • Which intangible assets typically need to be transferred along with trademarks to have value?
  • Who are the most likely purchasers of trade secrets of companies in bankruptcy?
  • In the context of bankruptcy, when are fairness opinions or court approvals required to sell intangible assets?

Course LeaderFernando Torres, MSc, Chief Economist, IPmetrics LLC

Fernando Torres is a member and Chief Economist at IPmetrics LLC. Mr. Torres brings to intellectual property over 30 years of work experience in economics, financial analysis, and business management in the U.S. and Mexico. Mr. Torres has applied this significant economics, finance and business experience, as well as skills in quantitative techniques, to the strategic analysis, valuation, and expert witness assessment of the full spectrum of intangible assets and intellectual property, including valuation for transactional and litigation purposes (bankruptcy and infringement cases).

During recent years, Mr. Torres has undertaken projects involving the valuation and/or the assessment of infringement damages regarding copyrights, trademarks, patents, trade secrets, rights of publicity, and other intellectual assets in such industries as commercial agriculture, auto parts, apparel and footwear, retail, pharmaceuticals, entertainment, telecommunications, and non-profit organizations, among others.

Mr. Torres is a member of the National Association of Forensic Economics, and of the Western Economics Association International, among others. He first earned a B.A. in Economics from the Metropolitan University in Mexico City (1980), and went on to earn a Graduate Diploma in Economics from the University of East Anglia (U. K., 1981), and a Master of Science Degree specializing in Econometrics from the University of London, England (1982).

Course Length: Approx. 1.5 hours

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