In patent-infringement litigation involving standard-essential patents, one must apportion the value of the patents in suit by deriving an appropriate measure of each patent's value relative to the value of other patents that are also declared essential to the standard. Using data on patents...

Under what conditions may the holder of standard-essential patents (SEPs) seek to enjoin an infringing implementer without breaching the SEP holder's contract with the standard-setting organization (SSO) to provide access to those SEPs on fair, reasonable, and nondiscriminatory (FRAND) terms? I...

Patent licenses reveal information about how the market values a patented technology and how the market values new information concerning the probability of a patent's validity and infringement. One can use that information to determine the value of the patent in suit under the assumed...

The Patent Act empowers a court to issue an injunction “to prevent the violation of any right secured by patent.” Whether a court will permanently enjoin an infringer depends on whether (1) the patent holder would suffer irreparable harm otherwise, (2) its legal remedies are inadequate, (3)...

From its birth, the patent-holdup conjecture has been commissioned legal advocacy masquerading as economic science. In 2007, the patent-holdup conjecture debuted in two law review articles, one of which disclosed funding from Apple, Cisco, Intel, and Microsoft. The conjecture quickly became de...

Current controversies over patent policy place standard-setting organizations (SSOs) on a collision course with antitrust law. Recent theoretical research conjectures that, in an SSO, patent owners can “hold up” patent users in the sense of demanding high royalties for a patented input after...