منابع مشابه
The Optimal Scope of the Royalty Base in Patent Licensing
There is considerable controversy about the relative merits of the apportionment rule (which results in per-unit royalties) and the entire market value rule (which results in ad-valorem royalties) as ways to determine the scope of the royalty base in licensing negotiations and disputes. This paper analyzes the welfare implication of the two rules abstracting from implementation and practicabili...
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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 but not lost profits. First, we show using bargaining theory that the threat to obtain a permanent in...
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We argued in our article, Patent Holdup and Royalty Stacking, that the threat to obtain a permanent injunction can greatly enhance a patent holder’s negotiating power, leading to royalty rates that exceed a benchmark level based on the value of the patented technology and the strength of the patent. Our analysis showed that such problems are especially likely to arise for patents covering a min...
متن کاملPatent Damages and Spatial Competition
This paper analyzes price competition between a spatially differentiated product patentee and an imitator anticipating the possibility of future patent damages. We compare the performance of three damage regimes. The “reasonable royalty” regime, the only one that yields symmetric equilibrium pricing, maximizes static welfare and yields the highest incentives to innovate when patent enforcement ...
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Patent law is implicitly, and sometimes explicitly, based upon a story of patent infringement in which technology users are presumed to be able to discover relevant patents in advance and either design around them or negotiate patent licenses before using the patented technology. That story does not hold true in many fields today, in which the number and widespread ownership of potentially rele...
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ژورنال
عنوان ژورنال: Journal of Competition Law and Economics
سال: 2014
ISSN: 1744-6414,1744-6422
DOI: 10.1093/joclec/nhu030