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 …

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 …

This paper analyzes how injunctions relate to patent hold-up problems. To this end, we present a simple model of … licensing negotiations between a patent holder and a downstream firm in the shadow of litigation. More specifically, we consider … the situation in which an injunction is granted as a matter of course if a patent is found valid and infringed upon in …

Using data on all patent cases in front of German courts between 2010 and 2015 we find that plaintiffs in … year before filing - has an impact on court choice by patent plaintiffs. We can further show that plaintiffs merely shop … the ministries of justice of the 16 German Laender for the detailed data on patent cases. Moreover, we thank Stefan …

consequences, showing how an incumbent may create a patent portfolio in order to control market entry and to collude. The incumbent … fixes the level of patent protection and the threat of denunciation reduces the entrant’s expected profits; moreover, if the … entrant deviates from collusion, the incumbent can strengthen punishment suing the competitor for patent infringement …

consequences, showing how an incumbent may create a patent portfolio in order to control market entry and to collude. The incumbent … fixes the level of patent protection and the threat of denunciation reduces the entrant's expected profits; moreover, if the … entrant deviates from collusion, the incumbent can strengthen punishment suing the competitor for patent infringement …

patent claim construction decisions by the U.S. district courts. Because claim construction often determines the outcome of … patent litigation, the high appellate claim construction reversal rate contributes to significant uncertainty among inventors … patent judges so as to reduce this unacceptably high reversal rate. This article concludes that designation of specialist …

Modernization of Patent Law” (Zweites Patentrechtsmodernisierungsgesetz) took effect and modified the German Patent Act (GPA) in … the claim to an injunction in case of patent infringement to the extent such injunction would result, due to the … infringer or third parties that would be disproportionate and not justified by patent exclusivity. Second, § 139(1)(3), (4) GPA …

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 …