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In order to begin developing a base of paying licensees in the context of widespread infringement, IP owners must sometimes significantly discount licensing terms in their early negotiations – with a view that successful licenses, even at a relatively low price, will deliver value by...
Persistent link: https://www.econbiz.de/10012982282
This paper describes a data set built to analyze patent litigation in the United States during 1929-2006. The data … issue. We collect numerous patent-specific variables and litigation-specific variables for these patents. The data also …
Persistent link: https://www.econbiz.de/10014160232
Patent infringement damages for lost profits are analyzed by providing an economic analysis of bilateral and … multilateral competition between a patent holder and infringer(s) both with and without technology substitutes. The entire market … reviewed. Lost profits analysis for patent damages is compared to trade secret and antitrust remedy approaches. Finally, the …
Persistent link: https://www.econbiz.de/10013069744
The “monopoly” authorized by the Patent Act refers to the exclusionary power of individual patents. That is not the … same thing as the acquisition of individual patent rights into portfolios that dominate a market, something that the Patent … Act never justifies and that the antitrust laws rightfully prohibit.Most patent assignments are procompetitive and serve …
Persistent link: https://www.econbiz.de/10012936237
This article expands the analysis about patent valuations in patent transaction and licensing markets, by including … patent damage awards and by exploring the dynamics, as well as the driving forces behind the dynamics, of the valuations … across the markets of patent transaction, licensing, and litigation. Valuation economics posits that patent price may comove …
Persistent link: https://www.econbiz.de/10012825376
damages for patent infringement. This paper takes a normative approach to patent infringement damages. Its underlying premise … is that the goal of a damages regime should be to maximize society's welfare. Patent damages should therefore balance … is mostly normative and draws heavily on the economic theory of penalties, the aim of this paper is to provide a set of …
Persistent link: https://www.econbiz.de/10012985070
A standard essential patent (SEP) may give the patent holder market power in the market for an input that technology … manufacturers need in order to make their products compatible with each other. Several commentators have argued that, when a patent … becomes part of a standard pursuant to an agreement among competitors given in exchange for the patent holder's promise to …
Persistent link: https://www.econbiz.de/10013044878
Patent and false advertising damage awards are in disarray. Courts are imposing astronomically inflated awards that … the value of these elements. Doctrinally, patent damages seek to compensate parties only for the value of the patented …
Persistent link: https://www.econbiz.de/10013244035
We contribute to the economic literature on patent litigation by taking a new perspective. In the past, scholars mostly … focused on specific litigation cases at the patent level and related technological characteristics to the event of litigation … supplemental information on IP litigation and patent portfolios. The rich survey information regarding firms’ general innovation …
Persistent link: https://www.econbiz.de/10011816416
Persistent link: https://www.econbiz.de/10011893146