Title
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Author
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Year
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Antitrust Policy Toward Patent Licensing: Why Negotiation Matters
Some are concerned that patents for complex innovations give rise to problems such as royalty stacking or patent thickets. However, empirical data shows that patent pools and negotiation of patent licenses tend to eliminate these concerns.
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Daniel Spulber |
2021 |
Licensing Standard Essential Patents with FRAND Commitments: Preparing for 5G Mobile Telecommunications
As 5G mobile telecommunication technologies develop, some have proposed that courts or administrative agencies should regulate licensing of Standard Essential Patents (SEPs).
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Daniel Spulber |
2020 |
Finding Reasonable Royalty Damages: A Contract Approach to Patent Infringement
Courts differ as to how to calculate damages for patent infringement. The best approach would be for courts to construct an “informed contract” between the parties to the dispute.
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Daniel Spulber |
2019 |
Standard Setting Organizations and Standard Essential Patents: Voting and Markets
Some observers are concerned that standard setting unfairly benefits the owners of standard essential patents (SEPs). However, standard setting organizations (SSOs) usually choose rules that benefit all.
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Daniel Spulber |
2018 |
Platforms and Interoperability in Oracle v. Google
Software made by one firm often needs to work with software made by other firms. In Oracle v. Google, a federal court will consider whether copyright law will change to hinder software interoperability.
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Mark Lemley, Joseph Gratz |
2018 |
Platform Ecosystems: How Developers Invert the Firm
This paper describes why firms like Apple, Microsoft, and Google choose to orchestrate the creation of products by outside developers rather than to create product internally. Firms that produce digital products like software benefit most from this strategy, because of knowledge spillovers.
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Geoffrey Parker, Marshall Van Alstyne, Xiaoyue Jiang |
2017 |
FRAND (And Industrial Policy) in China
Some patents must be licensed under fair, reasonable, and non-discriminatory (FRAND) terms. China’s Anti-Monopoly Law (AML) empowers Chinese authorities to decide cases involving such licenses. Because the Chinese economy is so large, Chinese decisions will affect licensing worldwide.
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Daniel Sokol, Wentong Zheng |
2017 |
FRAND in India
Some patents must be licensed on fair, reasonable, and non-discriminatory (FRAND) terms. In India, both the Competition Commission of India (CCI) and the courts have decided FRAND disputes. The CCI’s decisions lack detail and adopt different rules than the courts.
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Daniel Sokol, Shubha Ghosh |
2016 |
Interop: The Promise and Perils of Highly Interconnected Systems
This book analyzes the complex modern issue of interoperability and how to maximize its potential benefits.
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Urs Gasser, John Palfrey |
2012 |
Deal or No Deal? Licensing Negotiations by Standard Setting Organizations
This paper determines when negotiations between standard-setting firms and patent holders are economically desirable.
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Richard Gilbert |
2011 |