This paper considers the question whether plaintiffs, whose claims pose an important common issue, and are thought to be unlikely to prevail on this issue, should be permitted to maintain a class action in which this issue will be resolved or be required to litigate their claims in individual...

This paper focuses on the implications for royalty determination of the latest expression of the Entire Market Value Rule (EMVR) and its usefulness in guiding damage estimation in the context of complex products whose components are protected by intellectual property rights. We provide a model...

This paper discusses a method for evaluating the competitive effects of reverse payments in the wake of the Supreme Court's Opinion in Actavis. Specifically, we demonstrate a method for evaluating actual reverse payments against a “maximum-efficient-reverse-payment” criterion under both...

The choice of method for allocating royalties among intellectual property (quot;IPquot;) owning members of a standards setting organization (quot;SSOquot;) has substantive implications for investment in technological innovation, the allocation of resources between technology firms and consumer...