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"Patent holdup" is described by its critics as occurring when a patent-holder uses a court's issuance of an injunction (or merely the threat of an injunction) to block an infringer's use of the patented invention unless the infringer, who has made sunk investments in expectation of using the...
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Two months after I published Hedonic Prices and Patent Royalties in August 2017, Dr. Allan Shampine of the CompassLexecon economic consultancy published a review of that article arguing that the hedonic price model for LRDIMMs does not comply with the Federal Circuit’s decision in Ericsson...
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From its birth, the patent-holdup conjecture has been commissioned legal advocacy masquerading as economic science. In 2007, the patent-holdup conjecture debuted in two law review articles, one of which disclosed funding from Apple, Cisco, Intel, and Microsoft. The conjecture quickly became de...
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In patent-infringement litigation, if no established royalty for the patent in suit has emerged from multiple market transactions at a readily observable price, then the finder of fact needs to infer a reasonable royalty from the many factors identified in the Georgia-Pacific framework. The...
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In patent-infringement litigation involving standard-essential patents, one must apportion the value of the patents in suit by deriving an appropriate measure of each patent's value relative to the value of other patents that are also declared essential to the standard. Using data on patents...
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A hedonic model explains a good's price in terms of its characteristics. In this article, we use hedonic prices to estimate the permissible range for a reasonable royalty for a standard-essential patent (SEP) subject to its owner's commitment to offer to license the patent on reasonable and...
Persistent link: https://www.econbiz.de/10012919168
Patent licenses reveal information about how the market values a patented technology and how the market values new information concerning the probability of a patent's validity and infringement. One can use that information to determine the value of the patent in suit under the assumed...
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