Anton, James J.; Yao, Dennis A. - In: Journal of Law, Economics and Organization 23 (2007) 1, pp. 186-207
We examine the impact of patent infringement damages in an equilibrium oligopoly model of process innovation where the choice to infringe is endogenous and affects market choices. Under the lost profits measure of damages normally employed by U.S. courts, we find that infringement always occurs...