Open Source Innovation, Patent Injunctions, and the Public Interest

Anticompetitive Patent Injunctions

Injunctions, Hold-Up, and Patent Royalties

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 infringed. If the two firms negotiate after the downstream firm has already designed its product to i...

Innovation, Imitation and Open Source

An extensive empirical literature indicates that, even without formal intellectual property rights, innovators enjoy a variety of first-mover advantages and that ‘imitation’ is itself a costly activity. There is also accumulating evidence that an ‘open’ approach to knowledge production can deliver substantial efficiency advantages. This paper introduces a formal framework incorporating all of t...

Factors affecting open innovation in public hospitals of Guilan province

Introduction: In the present era, the implementation of open innovation process is necessary for any organization, and hospitals as the main medical centers are no exception. In fact, hospitals, as health operational units, are always directly exposed to changes in the field of health services. Therefore, the present study has investigated the factors affecting open innovation in public hospita...

Innovation, Imitation & Preliminary Injunctions in Patents

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...