Patent Litigation When Innovation Is Cumulative
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Patent Litigation When Innovation Is Cumulative
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Author : Gerard Llobet
language : en
Publisher:
Release Date : 2001
Patent Litigation When Innovation Is Cumulative written by Gerard Llobet and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with categories.
Patent Litigation And Cross Licensing With Cumulative Innovation
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Author : Haejun Jeon
language : en
Publisher:
Release Date : 2017
Patent Litigation And Cross Licensing With Cumulative Innovation written by Haejun Jeon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
We investigate the firms' investment decisions in the presence of litigation over infringement and cross licensing as a way to settle. The model endogenously determines not only the timing of investments but also their capacities, the degree of overlap between the initial and the subsequent innovations, and the way the competitors resolve the dispute. It shows that the firms' R&D competition in the burgeoning market is more likely to entail a lawsuit and distinctly differentiated products, while they easily agree on cross licensing to utilize each other's works in the slow-growing market, leaving little difference between the products. From the perspective of public policy, it is clarified that the policy on patent scope cannot yield the first-best result in terms of the speed of innovation, and the welfare analysis shows that social welfare is higher when the conflict is settled via cross licensing. However, the weak protection on patent rights, which is shown to encourage cross licensing, does not always guarantee the highest level of social welfare since it weakens the leader's bargaining power in the negotiation, leading to fewer advanced products with higher prices.
The Patent Crisis And How The Courts Can Solve It
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Author : Dan L. Burk
language : en
Publisher: ReadHowYouWant.com
Release Date : 2010-10-19
The Patent Crisis And How The Courts Can Solve It written by Dan L. Burk and has been published by ReadHowYouWant.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-19 with Business & Economics categories.
Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescrip...
Intellectual Property Antitrust And Cumulative Innovation In The Eu And The Us
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Author : Thorsten Käseberg
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-06-08
Intellectual Property Antitrust And Cumulative Innovation In The Eu And The Us written by Thorsten Käseberg and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-08 with Law categories.
For decades, the debate about the tension between IP and antitrust law has revolved around the question to what extent antitrust should accept that IP laws may bar competition in order to stimulate innovation. The rise of IP rights in recent years has highlighted the problem that IP may also impede innovation, if research for new technologies or the marketing of new products requires access to protected prior innovation. How this 'cumulative innovation' is actually accounted for under IP and antitrust laws in the EU and the US, and how it could alternatively be dealt with, are the central questions addressed in this unique study by lawyer and economist Thorsten Käseberg. Taking an integrated view of both IP and antitrust rules – in particular on refusals to deal based on IP – the book assesses policy levers under European and US patent, copyright and trade secrecy laws, such as the bar for and scope of protection as well as research exemptions, compulsory licensing regimes and misuse doctrines. It analyses what the allocation of tasks is and should be between these IP levers and antitrust rules, in particular the law on abuse of dominance (Article 102 TFEU) and monopolisation (Section 2 Sherman Act), while particular attention is paid to the essential facilities doctrine, including pricing methodologies for access to IP. Many recent decisions and judgments are put into a coherent analytical framework, such as IMS Health, AstraZeneca, GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard (Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft and IBM/T3 (both EU and US). Further topics covered include: IP protection for software, interoperability information and databases; industry-specific tailoring of IP; antitrust innovation market analysis; and the WTO law on the IP/antitrust interface.
Innovation And Its Discontents
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Author : Adam B. Jaffe
language : en
Publisher: Princeton University Press
Release Date : 2004
Innovation And Its Discontents written by Adam B. Jaffe and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business & Economics categories.
"Jaffe and Lerner's arguments are persuasive and their recommendations sensible. The book makes a very significant contribution to the current debates on patent policy."--Bronwyn Hall, University of California, Berkeley
Patent Failure
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Author : James Bessen
language : en
Publisher: Princeton University Press
Release Date : 2009-08-03
Patent Failure written by James Bessen and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-03 with Law categories.
In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.
The Decision To Patent Cumulative Innovation And Optimal Policy
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Author : Nisvan Erkal
language : en
Publisher:
Release Date : 2015
The Decision To Patent Cumulative Innovation And Optimal Policy written by Nisvan Erkal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
This paper analyzes optimal policy in the context of cumulative innovation in a model that endogenizes patenting decisions of early innovators. Secrecy can significantly decrease investment in the second innovation. We show that as the effectiveness of secrecy as a protection mechanism increases, which may be the case if the government has a strong trade secret policy or innovators can monitor the flow of their technological information, it becomes optimal to have broad patent protection over a larger parameter space. In cases when patent policy is ineffective in achieving disclosure, it is socially desirable to have a lenient antitrust policy and allow collusive agreements.
Mechanisms To Enable Follow On Innovation
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Author : Alina Wernick
language : en
Publisher: Springer Nature
Release Date : 2021-05-13
Mechanisms To Enable Follow On Innovation written by Alina Wernick and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-13 with Law categories.
The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.
Patent Scope Antitrust Policy And Cumulative Innovation
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Author : Howard Fenghau Chang
language : en
Publisher:
Release Date : 1991
Patent Scope Antitrust Policy And Cumulative Innovation written by Howard Fenghau Chang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Patent laws and legislation categories.
Patent Trolls
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Author : William J. Watkins
language : en
Publisher: Independent Institute
Release Date : 2014-04-01
Patent Trolls written by William J. Watkins and has been published by Independent Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-01 with Law categories.
Stiflers of innovation, patent trolls use overbroad patents based on dated technology to threaten litigation and bring infringement suits against inventors. Trolls, also known as nonpracticing entities (NPEs), typically do not produce products or services but are in the business of litigation. They lie in wait for someone to create a process or product that has some relationship to the patent held by the troll, and then they pounce with threats and lawsuits. The cost to the economy is staggering. In Patent Trolls: Predatory Litigation and the Smothering of Innovation, William J. Watkins, Jr., calls attention to this problem and the challenges it poses to maintaining a robust rate of technological progress. After describing recent trends and efforts to “tame the trolls,” Watkins focuses on ground zero in patent litigation—the Eastern District of Texas, where a combination of factors makes this the lawsuit venue of choice for strategically minded patent trolls. He also examines a more fundamental problem: an outmoded patent system that is wholly ill suited for the modern economy. Finally, he examines proposals for reforming the U.S. patent system, which was created to spur innovation but today is having the opposite effect. If legal reformers heed the analyses and proposals presented in this book, the prospects for crafting a legal environment that promotes innovation are favorable.