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Under the legal doctrine of first sale, or patent exhaustion, a patent holder's ability to license multiple parties … implications for how firms can license in vertically disaggregated industries. We explore this issue from an economic viewpoint and …
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There is considerable controversy about the relative merits of the apportionment rule (which results in per-unit royalties) and the entire market value rule (which results in ad-valorem royalties) as ways to determine the scope of the royalty base in licensing negotiations and disputes. This...
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This paper investigates patent licensing in vertically disaggregated industries, where patent holders may license to … welfare will be greater if the patent holder's ability to license multiple parties along a production chain is restricted. We … holder's ability to license multiple parties along a production chain is restricted. How and when such restrictions should be …
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The quote in the title refers to a recurring principle in the Antitrust Guidelines for the Licensing of Intellectual Property, issued jointly by the US Department of Justice and the Federal Trade Commission in 1995. That report states that The Agencies' general approach in analyzing a licensing...
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