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This paper analyzes patent pools and their effects on innovation incentives. It is shown that the pro …-competitive effects of patent pools for complementary patents naturally extend for dynamic innovation incentives. However, this simple … case, the licensing fees reflect the strength of patents. Patent pools of complementary patents can be used to discourage …
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actually infringing a valid patent or that there is a threat of infringement through the proceeding for litigation on the … the patent was granted. Punitive damages are not awarded. A patentee may rely on one of the following three methods for …
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Under German law, the following main reliefs against the infringer are generally available:• A cease and desist claim.• A compensatory damages claim (no punitive damages are available; the claimant may choose from three different methods for calculating damages, namely own lost profits,...
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Healthy organisms inevitably produce cancer cells, and vibrant patent systems inevitably let bad patents slip through … technological practitioners. Postissuance patent review (PIPR) has emerged as an invaluable errorcorrecting mechanism to prevent the … Patent Court Agreement (UPCA). The UPCA enables a lowcost patent revocation action on a broad range of grounds and with a …
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In a patent infringement suit, the alleged infringer wins with a ruling of either patent invalidity or non … patent invalidation may also affect incentives to innovate. We adapt the "innovative industries'' model of Segal and Whinston … (2007) to study patent litigation strategy and rates of innovation. We show that a legal regime where infringement is …
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Enforcing intellectual property rights abroad is difficult. International treaties have generally not created directly enforceable IP rights. Usually, the protection they confer cannot be directly invoked in national courts. Because of the territorial nature of IP protection, right holders must...
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