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This paper analyzes the effect of injunctions on royalty negotiations for standard essential patents. We develop a model in which courts grant injunctions only when they have sufficient evidence that the prospective licensee is unwilling, in line with the way we understand Courts to operate in...
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articles which concisely discuss the array of problems that can arise when releasing a work under a CC licence. This paper, on … recognised by the national courts and this can lead to complications regarding the enforceability of the licence. This paper will …
Persistent link: https://www.econbiz.de/10014153518
"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...
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We develop a theory of control rights in the context of licencing interim innovative knowledge for further development …
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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...
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