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. In recent litigation, three issues have risen to the fore, popularized under the labels “patent ambush”, “patent holdup …” and “patent thickets”. There is a risk that the discussion of standardization, in academic and policy circles, becomes …
Persistent link: https://www.econbiz.de/10013031407
Patent assertion entities, sometimes known as 'patent trolls,' do not manufacture goods themselves but profit from … such patent troll affected the sales of medical imaging technology. It finds evidence that relative to similar products …, made by the same firm, but not covered by the patent, imaging software sales declined by one-third. This was not due to a …
Persistent link: https://www.econbiz.de/10014166275
under Article 207 TFEU requires the CJEU to interpret the patent provisions of the TRIPS Agreement and, if so, what are the … implications for patent protection in the EU. It examines whether the Court’s jurisprudence on the direct effect and interpretation … of the substantive patent provisions of the TRIPS Agreement is good law in the post-Lisbon era, arguing that the Court …
Persistent link: https://www.econbiz.de/10014167785
We model judicial learning about optimal patent policy. The court is infinitely lived; the plaintiff and defendant are … main results. First, patent law will stabilize even if the court places zero value on the "predictability" of legal rules …. Patent opinion incoherence, which is often the subject of much scholarly critique, makes sense because it facilitates future …
Persistent link: https://www.econbiz.de/10014210029
controversial changes to its patent policy. The changes include a recommended method of calculation of FRAND royalty rates, and a … request to members holding a standard essential patent (SEP) to forego their right to seek an injunction except under limited … discussing the role of patent policies of Standard-Setting Organizations (SSO) and the rules and principles applicable to the …
Persistent link: https://www.econbiz.de/10014124029
In dealing with applications for injunctive relief by the holders of FRAND-encumbered SEPs in the course of protracted licensing negotiations, any legal system faces the challenge of reaching the proper balance between predictability for stakeholders and differentiation between possible...
Persistent link: https://www.econbiz.de/10012964167
Persistent link: https://www.econbiz.de/10012910530
In its March 2016 Opinion in the Genentech case, Advocate General Wathelet raised the complex question of the standard of review that should be applied by domestic courts when asked to set aside or declare unenforceable arbitral awards on the ground that they breach EU competition rules, which...
Persistent link: https://www.econbiz.de/10012990808
In this paper, we discuss the extent to which EU competition rules are arbitrable. There is a wide consensus that Articles 101 and 102 TFEU are fully arbitrable and we share that opinion. More challenging questions may, however, arise when the dispute subject to arbitration raises issues under...
Persistent link: https://www.econbiz.de/10012981393
Critics claim that patent screening is ineffective, granting low-quality patents that impose unnecessary social costs …. We develop an integrated framework, involving patent office examination, fees, and endogenous validity challenges in the … courts, to study patent screening both theoretically and quantitatively. In our model, some inventions require the patent …
Persistent link: https://www.econbiz.de/10013226280