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create a market-based trading exchange for aggregated patent license rights, particularly standards-essential patents (SEPs …). IPXI based its model on existing commodities exchanges, proposing that non-exclusive patent licenses could be standardized … backing of several significant patent holders, IPXI's offering failed to attract sufficient interest, and IPXI ceased …
Persistent link: https://www.econbiz.de/10013003308
Competitors embroiled in a patent dispute always prefer to preserve and share monopoly profits, even if the patent is … that their anticompetitive effects are commensurate with the expected result of counterfactual patent litigation, which …
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 … from litigation. This avoids the need to estimate the odds of counterfactual patent litigation.This is a previous draft …
Persistent link: https://www.econbiz.de/10012853851
When a technological standard is adopted, implementers must pay to license all “standard-essential” patents (SEPs)—those covering core features of the standard—although the particular price terms usually cannot negotiated beforehand. To allay implementers' fear of being “held up,”...
Persistent link: https://www.econbiz.de/10012933325
. Courts and commentators addressing this danger have assumed that patent-facilitated price fixing occurs in a single market …. In this Article, we extend conventional analysis to address firms’ patent misuse to facilitate price fixing across … pricing or indirectly to deter new firm entry by erecting patent thickets as a barrier to entry. Throughout this Article, we …
Persistent link: https://www.econbiz.de/10013224169
-competitive patent settlements and hold-ups in relation to standard setting processes, in addition to the modern focus on mergers that …
Persistent link: https://www.econbiz.de/10011723874
The Constitution gives Congress the power to "promote the Progress of Science and useful Arts." The patent system … v. MercExchange, this Note advocates a patent system that will allow access to stagnant patents sooner. The proposed … system starts with an initial exclusive patent period that is much shorter, and then includes renewable periods of …
Persistent link: https://www.econbiz.de/10014214389
fallen short. Thus, a new theory is needed to secure the market-wide benefits that patent pledges can offer. This article … proposes a novel “market reliance” theory for the enforcement of patent pledges. Market reliance is rooted in the equitable …Patent holders are, with increasing frequency, making public promises to refrain from asserting patents under certain …
Persistent link: https://www.econbiz.de/10014154824
non-discriminatory” (FRAND). FRAND commitments are thought to avoid the problem of patent hold-up: the imposition of … reality these commitments are vague and unreliable. Moreover, they have proven ineffective to address the problem of patent … stacking, which occurs when multiple patent holders assert rights in, and demand royalties on, the same standard. The recent …
Persistent link: https://www.econbiz.de/10014159938
when a patentee alleges that another inventor has infringed the patent with an improved version of the patented product …. The model reveals how the optimal patent policy would extend broad protection to those inventions that have very little …" the original patent …
Persistent link: https://www.econbiz.de/10014144333