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Proportional Restraints in Horizontal Patent Settlements
Hovenkamp, Erik - 2020
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
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Proportional Restraints in Horizontal Patent Settlements
Hovenkamp, Erik - 2020
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
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When Patents Claim Preexisting Knowledge
Seymore, Sean B. - 2017
Novelty is a basic requirement of patent law. An inventor cannot obtain a patent if the invention exists in the “prior art,” a term that generally refers to knowledge and technology already in the public domain. Interestingly, an earlier-filed patent document qualifies as prior art as of its...
Persistent link: https://www.econbiz.de/10012968133
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Innovation's Hidden Externalities
Plamondon Bair, Stephanie - 2021
When commentators discuss innovation’s externalities, they often classify them into one of two categories. On the positive externalities, or “spillovers” side, legal and economics scholars often speak of the benefits innovation confers on other innovators. Future innovators profit from...
Persistent link: https://www.econbiz.de/10013226129
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Democratic Countries Should Form a Strategic Tech Alliance
Kop, Mauritz - 2021
Exporting values into society through technologyChina’s relentless advance in Artificial Intelligence (AI) and quantum computing has engendered a significant amount of anxiety about the future of America’s technological supremacy. The resulting debate centres around the impact of China’s...
Persistent link: https://www.econbiz.de/10013234747
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The Research Patent
Seymore, Sean B. - 2021
The patent system gives the courts discretion to tailor patentability standards flexibly across technologies to provide optimal incentives for innovation. For chemical inventions, the courts deem them unpatentable if the chemical lacks a practical, non-research-based use at the time patent...
Persistent link: https://www.econbiz.de/10013246347
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Patently Impossible
Seymore, Sean B. - 2015
laudable gatekeeping role, this Article identifies two problems with the law of operability. First, though objective in theory …
Persistent link: https://www.econbiz.de/10014185660
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Patents for Environmentalists
Kieff, F. Scott - 2013
This essay, written for the National Association of Environmental Law Societies' (NAELS) annual meeting, explains how patent law operates generally with an emphasis on how it may impact the environment in particular. In so doing, the essay addresses from a patent perspective some representative...
Persistent link: https://www.econbiz.de/10014089069
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Coordination-Focused Patent Policy
Yelderman, Stephen - 2017
This Article explores the practical consequences of an important shift that has recently taken place in patent theory … intense attention at the level of theory, little has been said about the consequences of this debate for patent policy itself …. This Article addresses that void, developing a set of mid-level principles from coordination theory and showing how these …
Persistent link: https://www.econbiz.de/10014143095
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The Smallest Salable Patent-Practicing Unit ('SSPPU') Experiment, General Purpose Technologies and the Coase Theorem
Petit, Nicolas - 2016
In the last years, some Standard-Setting Organizations (“SSOs”) active in wireless communications have experimented new pricing principles for standard essential patents (“SEPs”). One of those experiments is the “SSPPU” rule. Under SSPPU, the licensing rates paid to owners of SEPs...
Persistent link: https://www.econbiz.de/10014129358