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Class / Event TitleMy software's worth WHAT??
5 approaches to valuation
Date Recorded9/18/2008 (9:00-10:30am)
InstructorDavid J. Harkavy, Robinwood Consulting, and
Daliah Saper, Saper Law Offices, LLC
SoftwareCEO - Software University
What's it about?

A common question many entrepreneurs ask is: "How do I assign a value to my intellectual property?"

Knowing what your IP is worth is essential if you're involved in acquisitions, litigations, or disputes. It's also required if you're in the process of licensing your software to a third party (and, conversely, you need to know the value of their software if you're trying to license from a third party).

The problem is that software comes in so many forms. It can be pre-packaged for retail distribution or an online SaaS application. It can be available for resale or only used internally. It can be as simple as a web site that generates basic web graphics, or a highly scalable online financial system. It can be as complex as millions of lines of code for an advanced operating system and as subtle as a financial process list.

Attaching a dollar value to intangible assets— that is, intellectual property — is not a simple process. There is likely no one single "correct" valuation. Maximizing the value of intellectual property rights involves an understanding of the factors that affect the value of those rights.

This class covers 5 primary methodologies that you can use to get a better handle on the value to your software... both to you and to the guy on the other side of the table.

Who should attend?

CEOs, CFO's. VPs/Directors of Sales, VP/Directors of Marketing, VP/Directors of Finance

What will the class cover?

This class will provide attendees with:

  • An overview of valuation concepts, including these important considerations:
    • Timing
    • Risks
    • Cost to design around
    • Cost savings
    • Incremental revenues
    • Profits
  • An understanding of 5 major approaches to software valuation, including:
    • Market approach
    • Income approach
    • Cost approach (asset-based approach)
    • Decision tree approach
    • Real option valuation
  • Considerations regarding forms of compensation, considerations for both licensors and licensees, and range of negotiations (licensee ceiling vs. licensor floor)
  • How to protect your IP
    • Registration
    • Maintenance (through patents, trademarks, and copyrights)
    • Protection
    • Enforcement
How do you know if you need this class?

This session’s information will benefit you if:

  • You're preparing to license your software or technology to a third party, or license it from a third party
  • You're involved in litigation regarding patents or license agreements
  • You're involved in a merger or acquisition
  • You've have intellectual property and are interested in protecting it
What will attendees receive?
  • Copy of the slide presentation
  • Paid attendees will be eligible to win a free hour of consultation with Mr. Harkavy.
What should you do ahead of time?

Identify your key intellectual properties, the value you've assigned to them and the methods you used to do so.

About the instructors David Harkavy

David J. Harkavy, Executive Consultant
Robinwood Consulting, LLC

David J. Harkavy's consulting experience includes valuations of intellectual property and other intangible assets in both litigation and transactional settings. He has worked on valuation projects including: patents, computer software, trade secrets, trademarks, and membership lists, conducted in a variety of contexts, including: joint ventures, licensing, related party transactions, and communications to investors.  In addition, his experience includes business valuations for buy-sell agreements and shareholder rights.

In the area of litigation, David has consulted clients involved in patent, trademark, trade secret and copyright infringement matters, as well as antitrust issues. These engagements involved reasonable royalty determinations, lost profits calculations, price erosion, convoyed sales, unjust enrichment and financial performance analysis.  Furthermore, his litigation consulting includes the determination of market royalty rates, costs, lost sales and market share.

David’s professional experience has encompassed a diverse range of industries, including information services, telecommunications, construction, credit repair services, medical products, biotechnology, food and beverage, scrap metal, packaging materials and non-profit, among others.

He has also presented on litigation support topics to the Intellectual Property Law Society at Chicago Kent Law School and the Illinois Institute of Technology Stuart Graduate School of Business.

David has a Masters of Science Degree in Finance from the University of Wisconsin – Madison and a Bachelor of Business and Administration Degree in Accounting from Indiana University – Bloomington.  He is a Certified Public Accountant in Illinois, and is a member of the American Institute of Certified Public Accountants, Illinois CPA Society, and Licensing Executives Society.



Daliah Saper

Daliah Saper, Principal
Saper Law Offices, LLC

Daliah Saper is the principal attorney at Saper Law Offices, LLC, and has served as counsel to many creative entrepreneurs and innovative business organizations. She is a member of the Illinois Bar and both the General Bar and Trial Bar of the U.S. District Court for the Northern District of Illinois. As a litigator she handles cases involving trademark and copyright infringement, trade secret misappropriation, online defamation, and commercial disputes. As a transactional lawyer she helps clients choose the right business infrastructure, drafts bylaws and operating agreements, negotiates contracts and licenses, and provides comprehensive trademark and copyright counseling. She is a frequent lecturer for various technology and creative organizations throughout the country.

Her work experience includes positions at Brinks Hofer Gilson and Lione, a large intellectual property law firm; Lawyers for the Creative Arts, a non-profit organization assisting artists; and the Anti-Defamation League, a civil rights organization. She has also worked at Playboy Enterprises, Inc., assisting with the maintenance and enforcement of Playboy's global trademark portfolio.

Prior to starting her own firm, Daliah gained experience as a commercial litigator and negotiated settlement agreements on behalf of individuals sued by the Recording Industry Association of America. She also served as Vice President and in-house counsel of diLuce Productions, Inc., a Chicago based public relations and marketing consulting firm specializing in event production.

Daliah is a member of the Illinois Bar and both the General Bar and Trial Bar of the U.S. District Court for the Northern District of Illinois. She is an active member of the Chicago Bar Association, the Chicago Fashion Foundation, the Decalogue Society, the Standard Club, and IFP (Independent Feature Project). She also volunteers for Lawyers for the Creative Arts, Kartemquin Films, Chicago Filmmakers, Women in Film, and Wyclef Jean's Yele Haiti Foundation.

Finally, Daliah has extensive overseas experience, having studied at Fudan University in Shanghai and the City University School of Business in London. She speaks Hebrew and Farsi.