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A standard essential patent (SEP) may give the patent holder market power in the market for an input that technology … manufacturers need in order to make their products compatible with each other. Several commentators have argued that, when a patent … becomes part of a standard pursuant to an agreement among competitors given in exchange for the patent holder's promise to …
Persistent link: https://www.econbiz.de/10013044878
Corporate officer liability doctrines under both the Patent Act and the Copyright Act diverge markedly from traditional … articulations of individual officer liability found in both patent and copyright law can be attributed to two factors: (1) the … (2) judicial reluctance to apply the strict liability standard of patent and copyright law to individuals as opposed to …
Persistent link: https://www.econbiz.de/10013052722
Much has been written about patent trolls and the detrimental effects they have on the patent system. Legal and … legislative attempts have been made to curb patent trolls. However, there is considerable confusion over who is actually a patent … to discourage strategic patent non-practice. This work first examines the goals of the patent system and the difficulties …
Persistent link: https://www.econbiz.de/10014133836
one intellectual property monopoly. For example, a machine can be protected under patent law, but drawings of that machine …
Persistent link: https://www.econbiz.de/10014187841
diminish the value of patent-related commitments made by participants. In these cases, the intervention of public law …
Persistent link: https://www.econbiz.de/10012964462
(SEPs), and the patent policies of standards development organizations (SDOs). While this litigation has fueled a cottage …
Persistent link: https://www.econbiz.de/10013010772
adjudication of patent damages, or more precisely, FRAND royalties for standard essential patents (SEPs). Through the use of an … Qualcomm and ARM are used to exemplify different market and industry norms regarding patent licensing. The main findings … suggest that rote use of procedural rules such as the smallest saleable patent practicing unit (SSPPU) and entire market value …
Persistent link: https://www.econbiz.de/10014092575
license can generate more revenue. Patent rights and trade secret rights are somewhat conflicting IP rights. Combined licenses … issued for using both patent rights and trade secret rights can evoke issues under Antitrust Laws. Composite license to use … patent and trade secret rights has economic effects on licensor and licensee both. This paper tries to analyse such effects …
Persistent link: https://www.econbiz.de/10012890566
reached with the party practicing the patent. The PAE phenomenon has prompted suggestions that the antitrust laws be applied …
Persistent link: https://www.econbiz.de/10013025177
The conflicts between intellectual property rights (IPRs) and industry common standards in telecommunication sector have raised growing concerns in the industry. These highly controversial issues at play include the embrace of proprietary technologies in standards, excessive royalties for the...
Persistent link: https://www.econbiz.de/10014196844