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ktMINE experts regularly contribute articles and opinions to publications discussing various aspects of intellectual property information. Media inquiries should be directed to info@ktMINE.com.


What’s Happening with IP in the Semiconductor Industry?

Authored by David R. JarczykJohn Wiora, and Danielle Lambert, this article provides a summary of the study conducted on behalf of the LES Semiconductor Committee regarding industry trends. The study analyzed executed licensing deals as well as published patent information. Specific attention was paid to type of IP licensed, royalty/payment structures, exclusivity, territory, and sublicensing, as well as patent buy/sell transactions.

Versions Published In:

  • February 18,  2014 LES Viewpoints

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The OECD Discussion Draft on Intangibles and the Myth of Unavailable Comparables

Authored by David R. Jarczyk, and Jeffrey Cozzo, this article argues that the Organization for Economic Cooperation and Development’s revised discussion draft on intangibles lacks guidance on the available market evidence to answer the central question of an arm’s length analysis: How would independent parties act given the tested transactions’ facts and circumstances?

Versions Published In:

  • October, 2013 Bloomberg BNA Transfer Pricing Report
  • November 2013 Bloomberg BNA Transfer Pricing International Journal

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Drivers of IP Value – The Most Active Companies in Intellectual Property

Authored by David R. Jarczyk, John Wiora and Danielle Lambert, this article discusses the driving factors of value creation for intellectual property. The article also provides a list of the top 50 most active companies in IP for the year 2012, including statistics on various companies’ IP activity.

Versions Published In:

  • August, 2013 Intellectual Asset Management

A Look into IP Deals- The True Value of IP

Authored by David R. Jarczyk, this article provides a deeper look into IP deal trends to give insight into the pharmaceutical, software, consumer products, and telecommunications industries.

Versions Published In:

  • August, 2013 IP Magazine

Tax authorities using CUPs for pricing transactions

Authored by David R. Jarczyk and Matthew Wall, this article explains the new trend where tax authorities use third party agreements to test, and adjust if needed, the arm’s length price of related party transactions.

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  • March 12, 2013 TP Week

Interpreting Royalty Rate and Licensing Trends to Protect Your Position

Authored by David R. Jarczyk, this article outlines the key takeaways and statistics gathered within the Royalty Rate & Deal Structure Study presentation.

Versions Published In:

  • February 12, 2013 LES Insights
  • November, 2012 LES Viewpoints

IP facts you can’t afford to miss…but you probably do

Authored by David R. Jarczyk, this article outlines the pitfalls of relying solely on unredacted license agreements when performing transfer pricing analyses and the competitive advantage afforded those who have access to the entire universe of license agreements.

Versions Published In:

  • March 12, 2013 WWTPR Journal – Second Edition
  • November, 2012 Bloomberg BNA Transfer Pricing International Journal

Comment on Discussion Draft on the Transfer Pricing Aspects of Intangibles

Authored by David R. Jarczyk, this article provides a response to the OECD’s request for comment on the transfer pricing aspect of intangibles. The comments within highlight common misconceptions related to the application of the CUT/CUP method, along with recommendations for the expansion of the comparability analysis section.

Versions Published In:

  • September 30, 2012 OECD.org

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Comment on Notice: Development of the Joint Strategic Plan on Intellectual Property Enforcement

Co-authored by David R. Jarczyk and Jeffrey Cozzo, this article provides a strategic recommendation for the Office of the U.S. Intellectual Property Enforcement Coordinator, Executive Office of the President, in regards to a new Joint Strategic Plan on Intellectual Property Enforcement.

Versions Published In:

  • July, 2012 regulations.gov

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Replacing the 25% Rule: A Guide to Finding and Analyzing Royalty Rates

Authored by David R. Jarczyk, this article discusses present and potential ramifications of the Uniloc USA, Inc. v. Microsoft ruling globally and provides guidance for finding and analyzing fact-based evidence from third party license agreements to determine a reasonable royalty rate that can withstand scrutiny.

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Anatomy of An Intangibles License Agreement

Co-authored by David R. Jarczyk and Daniel T. Jarczyk, this article address the challenges analysts face when trying to locate key licensing terms from within intangibles licence agreements that vary in size, structure, and intricacy. David and Daniel leverage their insights from analyzing more than 40,000 intangibles license agreements to provide guidance that can help analysts more efficiently and meticulously locate key licensing information from within these complex and uniquely-structured documents.

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Innovation in Small Businesses: Drivers of Change and Value Use

Co-authored by C J Isom and David R. Jarczyk, This paper investigates various drivers of innovation within small businesses, as well as the role that innovation plays in creating value in small businesses.  The analysis suggests that additions in employee headcount increase innovation while growth in sales does not increase innovation.   The analysis also finds that increases in research and development (“R&D”) expenditures enhance small business value in certain industries, but not uniformly and not in all the industries investigated.  Finally, the paper finds that the number of patents owned by a small business is not a good indicator of a firm’s value.

  • March 2009 of SBA Office of Advocacy

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