covered. The first is legal liability for harm. Here we discuss liability rules as incentives to reduce risk, issues of risk …-bearing and insurance, and the costs of the liability system. Second, we consider property law, where we address the nature and …

Patent infringement damages for lost profits are analyzed by providing an economic analysis of bilateral and … multilateral competition between a patent holder and infringer(s) both with and without technology substitutes. The entire market … reviewed. Lost profits analysis for patent damages is compared to trade secret and antitrust remedy approaches. Finally, the …

licensing this technology. After rejecting his proposal, these companies all began using his patent without his permission and … installing intermittent wipers on their cars. When Kearns filed suit against Ford in 1978 for patent infringement, he did not … what many companies do in patent cases: it began stalling in the hopes that Kearns would run out of money. The lawsuit …

The “monopoly” authorized by the Patent Act refers to the exclusionary power of individual patents. That is not the … same thing as the acquisition of individual patent rights into portfolios that dominate a market, something that the Patent … Act never justifies and that the antitrust laws rightfully prohibit.Most patent assignments are procompetitive and serve …

This article expands the analysis about patent valuations in patent transaction and licensing markets, by including … patent damage awards and by exploring the dynamics, as well as the driving forces behind the dynamics, of the valuations … across the markets of patent transaction, licensing, and litigation. Valuation economics posits that patent price may comove …

damages for patent infringement. This paper takes a normative approach to patent infringement damages. Its underlying premise … is that the goal of a damages regime should be to maximize society's welfare. Patent damages should therefore balance … is mostly normative and draws heavily on the economic theory of penalties, the aim of this paper is to provide a set of …

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 …

We examine the impact of patent infringement damages in an equilibrium oligopoly model of process innovation where the … the resulting market profit of the patent holder. In equilibrium, infringement takes one of two forms: a passive form in … which lost profits of the patent holder are zero and an aggressive form where they are strictly positive. Even though the …