Showing 1 - 10 of 105
Persistent link: https://www.econbiz.de/10014125138
Patent settlements between rivals restrain competition in many different ways. Antitrust requires that their anticompetitive effects are reasonably commensurate with the firms’ expectations about (counterfactual) patent litigation. Because these expectations are private and non-verifiable,...
Persistent link: https://www.econbiz.de/10013234420
The America Invents Act of 2011 (“AIA”) created a robust administrative system—the Patent Trial and Appeal Board (“PTAB”)—for challenging the validity of granted patents. Congress determined that administrative correction of errors made in initial patent grants could be cheaper and...
Persistent link: https://www.econbiz.de/10013217065
The Patent Trial and Appeal Board (PTAB) is a recently-formed division of the Patent Office in which patents can be challenged as invalid, and which differs from federal courts in a number of respects. We investigate whether monopolist-patentees and their prospective rivals are using the PTAB...
Persistent link: https://www.econbiz.de/10012968638
Competitors embroiled in a patent dispute always prefer to preserve and share monopoly profits, even if the patent is likely invalid. Antitrust has come to embrace a policy that requires horizontal settlements to be "proportional" in the sense that their anticompetitive effects are commensurate...
Persistent link: https://www.econbiz.de/10012851220
When rivals settle a patent dispute, they prefer to preserve the full monopoly profit, even if the patent is very likely invalid. The literature advocates comparing settlement outcomes to the expected result of litigation, but has not identified a comprehensive means of doing this. We show that...
Persistent link: https://www.econbiz.de/10012853851
Patent settlements between rivals restrain competition in many different ways. Antitrust requires them to be "proportional" in that their anti-competitive effects are commensurate with the firms' expectations about (counterfactual) patent litigation. Because these expectations are private and...
Persistent link: https://www.econbiz.de/10012826092
In liability lawsuits (e.g. patent infringement) a plaintiff demands compensation from a defendant and the parties often negotiate a settlement to avoid a costly trial. Liability insurance creates bargaining leverage for the defendant in this settlement negotiation. We study the characteristics...
Persistent link: https://www.econbiz.de/10012851017
We study contests with technological uncertainty, where contestants can invest in different technologies of uncertain value. The principal can disclose an informative yet noisy public signal about the merit of each technology, which can focus investments into more promising ones or increase...
Persistent link: https://www.econbiz.de/10014083248
The value of innovation during crises can be extraordinary. While high payoffs increase the rate of innovation, they also induce a strategic distortion in its direction. High payoffs attract entry by innovators, making the R\&D supply side more competitive. This competition endogenously shifts...
Persistent link: https://www.econbiz.de/10014098693