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We study several interconnected problems that arise under the current U.S. patent system when a patent covers one component or feature of a complex product. This situation is common in the information technology sector of the economy. Our analysis applies to cases involving reasonable royalties,...
Persistent link: https://www.econbiz.de/10011131692
Very large awards and settlements for patent infringement have increased dramatically since the 1980s. A large fraction of these awards have occurred in the computer hardware and software industries. Complex technologies such as computer hardware and software require rights to a very large...
Persistent link: https://www.econbiz.de/10011131696
This paper studies royalty negotiations between a patent holder and a downstream firm selling a product which is more valuable if it includes a feature covered by the patent. Royalties are negotiated in the shadow of patent litigation, which will determine whether or not the patent is valid and...
Persistent link: https://www.econbiz.de/10011131707
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Keywords: patents, innovation, oligopoly JEL codes: L13, O31. ABSTRACT: Many inventions, great and small, are discovered independently at roughly the same time by two or more individuals or organizations. Famous examples include the light bulb (Edison and Swan), the telephone (Bell and Gray),...
Persistent link: https://www.econbiz.de/10010843453
Antitrust policy for the pooling of patents and other intellectual property rights has undergone a dramatic transformation since the first cases were decided at the beginning of the twentieth century. This transformation generally reflects developments in economics that provide a better...
Persistent link: https://www.econbiz.de/10010843457
From the antitrust case law that governs restrictions on patent licenses, we derive three unifying principles: just reward, profit neutrality and minimalism. The just-reward principle holds that the patentholder's profits should be earned, if at all, from the social value created by his...
Persistent link: https://www.econbiz.de/10010843466
The trickle of business method patents issued by the United States Patent Office became a flood after the State Street Bank decision in 1998. Many scholars, both legal and economic, have critiqued both the quality of these patents and the decision itself. This paper discusses the likely impact...
Persistent link: https://www.econbiz.de/10010843467
A small sample of 38 Advanced Technology Projects funded between 1993 and 1996 are surveyed to explore the reasons for university non-participation, or, in the cases where they did participate, whether the partnerships encountered any difficulties from their participation. 32 percent report that...
Persistent link: https://www.econbiz.de/10010537952