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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 …
Persistent link: https://www.econbiz.de/10009712485
I analyse how patent litigation outcome in Germany affects the performance of the disputing firms by interpreting … the functioning of the bifurcated German patent litigation system: The separation of litigation and invalidity decisions …, resulting in invalidity decisions taking much longer than decisions on infringement, provides patent holders with a window of …
Persistent link: https://www.econbiz.de/10009721892
technology markets and increased rents for small inventors. Is this also true for today's NPEs? Or are they “patent trolls” who … opportunistically litigate over software patents with unpredictable boundaries? Using stock market event studies around patent lawsuit …
Persistent link: https://www.econbiz.de/10013114028
We study how fragmentation of patent rights ('patent thickets') and the formation of the Court of Appeal for the … Federal Circuit (CAFC) affected the duration of patent disputes, and thus the speed of technology diffusion through licensing …. We develop a model of patent litigation which predicts faster settlement agreements when patent rights are fragmented and …
Persistent link: https://www.econbiz.de/10013117066
Non-practicing entities (NPEs), a.k.a. patent "trolls", have been disparaged as wasteful rent-seekers who assert … litigate broader patents in complex technologies consistent with the hold-up theory of NPE patent litigation. However …
Persistent link: https://www.econbiz.de/10013122483
I analyse how patent litigation outcome in Germany a ffects the performance of the disputing fi rms by interpreting … on the functioning of the bifurcated German patent litigation system. The separation of litigation and invalidity … decisions, resulting in invalidity decisions taking much longer than decisions on infringement, provides patent holders with a …
Persistent link: https://www.econbiz.de/10013085164
Currently trademark bullying has become a serious concern for many small businesses that feel as though powerful corporations are abusing aggressive trademark enforcement and litigation techniques to crush genuine competition. No doubt these concerns merit the serious consideration of all...
Persistent link: https://www.econbiz.de/10013085735
We compare patent litigation cases across four European jurisdictions – Germany, France, the Netherlands, and the UK … information at the case, litigant, and patent level for patent cases filed at the major courts in the four jurisdictions. We find …
Persistent link: https://www.econbiz.de/10013075267
As an economist, I find the current state of the law regarding damages for patent infringement – most particularly that … relating to apportionment – frustrating at best and woefully incomplete at worst. Namely, damages case law for utility patent … rule (EMVR) versus the smallest salable patent practicing unit (SSPPU) principle. The modern pair of EMVR and SSPPU options …
Persistent link: https://www.econbiz.de/10012963876
The paradigmatic defendant in a patent lawsuit is a vertically integrated manufacturer. But much economic activity is …'s infringement. Often patent owners have the option of suing some or all of the members of a supply chain who contribute to the … design, creation and marketing of a new technology.Businesses increasingly contemplate the risk of patent infringement when …
Persistent link: https://www.econbiz.de/10012926293