Showing 51 - 60 of 173
The United States economy is struggling to recover from its worst economic downturn since the Great Depression. After several huge doses of conventional macroeconomic stimulus - deficit-spending and monetary stimulus - policymakers are understandably eager to find innovative no-cost ways of...
Persistent link: https://www.econbiz.de/10014044045
More than 2.5 million United States patents have been issued in the last twenty years. While these patents are spread across all industries, a large percentage are concentrated in the information technology (IT) industries, and others in biotechnology. The prevalence of patents in these...
Persistent link: https://www.econbiz.de/10014049002
Proposed Uniform Commercial Code article 2B, which will govern transactions in information, will remake the law of intellectual property licensing in a radical way. But federal and state intellectual property policy impose significant limits on the ability of states to change these rules by...
Persistent link: https://www.econbiz.de/10014050607
Proposed Uniform Commercial Code article 2B, which will govern transactions in information, will remake the law of intellectual property licensing in a radical way. But federal and state intellectual property policies impose significant limits on the ability of states to change these rules by...
Persistent link: https://www.econbiz.de/10014050609
While the theory of the patent system is premised on the idea that patents will be used to exclude competitors, only a tiny fraction of patents are ever enforced. Legal and economic scholars have theorized as to how to identify valuable patents based on their individual characteristics. In this...
Persistent link: https://www.econbiz.de/10014050939
The confluence of two significant developments in modern patent practice leads me to write a paper with such a provocative title. The first development is the rise of hold-up as a primary component of patent litigation and patent licensing. The second development in the last three decades is the...
Persistent link: https://www.econbiz.de/10014051422
Trademarks have value because they reduce consumer search costs and thus promote overall efficiency in the economy. While the search costs theory provides a compelling argument for trademark rights, it also compels an equally important - but often overlooked - set of principles for defining and...
Persistent link: https://www.econbiz.de/10014051833
Patent law gives patent owners not just the right to prevent others from copying their ideas, but the power to control the use of their idea even by those who independently develop a technology with no knowledge of the patent or the patentee. In an important paper, Samson Vermont challenges this...
Persistent link: https://www.econbiz.de/10014053607
A significant part of the problem with patent damage awards comes from the non-exclusive, fifteen-factor “Georgia-Pacific” test now taken as the gold standard for calculating reasonable royalty damages. Simply handing the question of reasonable royalty to the jury, without more, is not a...
Persistent link: https://www.econbiz.de/10014197199
Economists and legal scholars have debated the reasons people adopt open source software, and accordingly whether and to what extent the open source model can scale, replacing proprietary rights as a primary means of production. In this study, we use the release by a biotechnology company of...
Persistent link: https://www.econbiz.de/10014202068