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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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powerful strategic tool: the offers that he makes to the patent holder will affect the royalty rate that the Court may adopt as … availability of injunctions, the holder of a sufficiently weak patent will end up accepting below FRAND rates, in particular when … sufficiently strong patent will always end up in litigation by rejecting offers below FRAND. This arises in particular when the …
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between the propensity to jointly own a patent and proximity in the product market; b) joint patents are associated with less …
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