| 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. |
| About the instructors |
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, 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. |