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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 …
Persistent link: https://www.econbiz.de/10013044878
exponential growth of patents claiming human DNA sequences might result in patent thickets, royalty stacking and, ultimately, a … inventions accessible for further use in research, diagnosis or treatment. The models include patent pools, clearing house … mechanisms, open source structures and liability regimes. They are analysed by scholars and practitioners in genetics, law …
Persistent link: https://www.econbiz.de/10014188461
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 …
Persistent link: https://www.econbiz.de/10012294025
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 …
Persistent link: https://www.econbiz.de/10014024839
Persistent link: https://www.econbiz.de/10010485794
Courts assessing compensatory damages awards often lack adequate information to determine the value of a victim's loss. A central reason for this problem, which the literature has thus far overlooked, is that courts face a dilemma when applying their standard information-forcing tool to the...
Persistent link: https://www.econbiz.de/10012935655
Persistent link: https://www.econbiz.de/10011674110
The Constitution gives Congress the power to "promote the Progress of Science and useful Arts." The patent system … v. MercExchange, this Note advocates a patent system that will allow access to stagnant patents sooner. The proposed … system starts with an initial exclusive patent period that is much shorter, and then includes renewable periods of …
Persistent link: https://www.econbiz.de/10014214389
license can generate more revenue. Patent rights and trade secret rights are somewhat conflicting IP rights. Combined licenses … issued for using both patent rights and trade secret rights can evoke issues under Antitrust Laws. Composite license to use … patent and trade secret rights has economic effects on licensor and licensee both. This paper tries to analyse such effects …
Persistent link: https://www.econbiz.de/10012890566
of technology would have been inevitably compromised. Instead of patent protection, the United States legislator could …
Persistent link: https://www.econbiz.de/10013243271