Justice Department's New Position on Patents, Standard Setting, and Injunctions
نویسندگان
چکیده
منابع مشابه
Standard Setting, Patents, and Hold-up
Standard setting raises a variety of antitrust issues. Cooperative standard setting often involves horizontal competitors agreeing on certain specifications of the products they plan to market, implicating core antitrust issues regarding the boundary between cooperation and collusion. The American Bar Association’s Handbook on the Antitrust Aspects of Standards Setting presents legal analysis o...
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The key finding is that Standard Setting Organizations (SSOs) choose effi cient technology standards because voting power and market power have counterbalancing effects. Agents on the long side of the market have less added value in the marketplace but more voting power in cooperative organizations and conversely for the short side of the market. In a two-stage model, industry members choose te...
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We analyze the effect of preliminary injunctions in patent cases, using a simple probabilistic model of a legal challenge to a patent’s validity. We show that using current U. S. damages rules, preliminary injunctions are likely to lead to inefficient innovations, non-novel patents, and extensive litigation, since both the patent holder and the allegedly infringing firm can benefit from a preli...
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This column will be one of several concerning presently unresolved legal issues that arise in connection with standard setting and the licensing or enforcement of patents that cover some aspect of the standard. Resolving these issues might require standard-setting organizations to adopt appropriate bylaws. Or companies participating in standards setting might have to submit letters of agreement...
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This paper measures the technological significance of voluntary standard setting organizations (SSOs) by examining citations to patents disclosed in the standard setting process. We find that SSO patents are cited far more frequently than a set of control patents, and that SSO patents receive citations for a much longer period of time. Furthermore, we find a significant correlation between cita...
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ژورنال
عنوان ژورنال: SSRN Electronic Journal
سال: 2020
ISSN: 1556-5068
DOI: 10.2139/ssrn.3514516