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I develop a stylized model of court procedures that resolve disputes concerning FRAND-encumbered standard essential patents (SEPs). I analyze the effects of injunctions and potential court-imposed FRAND rates on negotiated royalty rates. The SEP-holders' ability to hold-up is constrained by the...
Persistent link: https://www.econbiz.de/10013045315
I develop a stylized model of court procedures that resolve disputes concerning FRAND-encumbered standard essential patents (SEPs). I analyze the effects of injunctions and potential court-imposed FRAND rates on negotiated royalty rates. The SEP-holders' ability to hold-up is constrained by the...
Persistent link: https://www.econbiz.de/10010418280
The continuations procedure within the U.S. patent system has been criticized for enabling firms to manipulate the … patent review process for strategic purposes. Changes during the 1990s in patent procedures affected the incentives of … by R&D-intensive, small firms that patent heavily, and are more common in chemical and biological technologies. Patents …
Persistent link: https://www.econbiz.de/10003484973
The continuations procedure within the U.S. patent system has been criticized for enabling firms to manipulate the … patent review process for strategic purposes. Changes during the 1990s in patent procedures affected the incentives of … by R&D-intensive, small firms that patent heavily, and are more common in chemical and biological technologies. Patents …
Persistent link: https://www.econbiz.de/10012465500
The continuations procedure within the U.S. patent system has been criticized for enabling firms to manipulate the … patent review process for strategic purposes. Changes during the 1990s in patent procedures affected the incentives of … by R&D-intensive, small firms that patent heavily, and are more common in chemical and biological technologies. Patents …
Persistent link: https://www.econbiz.de/10013311896
U.S. firms and the prominence of this procedure in U.S. patent policy debates, we investigate the influence of corporate … and patent characteristics on the use of continuations. We employ novel data on applicants and their filings of three … development-intensive firms that patent heavily, and that these continuations are more common in chemical and biological …
Persistent link: https://www.econbiz.de/10014043643
Patent litigation is expensive. The primary motivation for the creation of a patent small claims proceeding is to make …) first endorsed the idea of a small claims patent court through Resolution 401‐4, the patent litigation landscape has … drastically changed. Although patent litigation costs are still high, the equities have shifted. The marketplace for patents has …
Persistent link: https://www.econbiz.de/10014158919
Persistent link: https://www.econbiz.de/10003963334
"For over a century, courts and commentators have struggled to find principles that reconcile patent and antitrust law …, especially as to patent licensing. We interpret case law and commentary to arrive at three unifying principles for acceptable … terms of license. Profit neutrality' holds that patent rewards should not depend on the rightholder's ability to work the …
Persistent link: https://www.econbiz.de/10002117391
patent law at the enforcement stage. Simultaneously it is shown that the misuse theory exists at common law supplementing the …This paper examines the adverse effect of patent ambushing on competitive conditions resulting in the distortion of the … involved. The solution proposed is to apply the patent misuse doctrine as a rule that expresses a public policy defense against …
Persistent link: https://www.econbiz.de/10014204794