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"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 …
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Many high technology goods are based on standards that require several essential patents owned by different IP holders. This gives rise to a complements and a double mark-up problem. We compare the welfare effects of two different business strategies dealing with these problems. Vertical...
Persistent link: https://www.econbiz.de/10003909249
The infamous Blackberry case brought new attention to so-called 'patent trolls' and began the general association of … trolls with 'non-practicing' patent holders. This has had important legal consequences: Namely, patent holders have been … denied injunctive relief because they did not practice the patents themselves. In this paper we analyze how patent holders …
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We study the effect of the fragmentation of intellectual property rights on optimal patent design. The major finding is …, which is socially costly. However, to preserve the incentives to innovate, if a patent is granted the strength of protection … should be generally higher than in the stand-alone case. -- Intellectual Property Rights ; Fragmentation ; Patent …
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Using a simple downstream duopoly model with vertical relations and downstream R&D, we investigate the effect of non-assertion of patents (NAP) provisions. A monopoly upstream firm decides whether to employ NAP provisions. If it does so, it freely incorporates the R&D outcomes into its inputs....
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