Social Science Research Network (SSRN)

October 8, 2017

Heterogeneity Among Patent Plaintiffs: An Empirical Analysis of Patent Case Progression, Settlement, and Adjudication

Abstract This article empirically studies current claims that patent assertion entities (PAEs), sometimes referred to as ‘patent trolls’ or non-practicing entities (NPEs), behave badly in litigation by bringing frivolous patent infringement suits and seeking nuisance fee settlements. The study...Read More
August 8, 2017
Contreras, Jorge

Aggregated Royalties for Top-Down FRAND Determinations: Revisiting 'Joint Negotiation'

In an environment in which widely-adopted technical standards may each be covered by large numbers of patents, there have been increasing calls for courts to determine “fair, reasonable and non-discriminatory” (FRAND) royalties payable to holders of standards-essential patents (SEPs) using “top-...Read More

April 2017
Wong-Ervin, Koren and Hicks, Evan and Slonim, Ariel

Tying and Bundling Involving Standard-Essential Patents

Abstract

Competition agencies around the world, including in Canada, China, India, Japan, Korea, and the United States (at least prior to the current administration), have taken the unwarranted position that antitrust enforcement involving standard-essential patents (SEPs) upon which a patent...Read More

November 2016
Llobet, Gerard and Padilla, Jorge

The Inverse Cournot Effect in Royalty Negotiations with Complementary Patents

The concept of “royalty stacking” is based on the so-called Cournot complements problem. Specifically, it is argued that the decision of a large number of inventors to license complementary patents necessary for the development of a product leads to excessively large royalties. In their paper,...Read More

10/6/2016
Mann, William

Creditor Rights and Innovation: Evidence from Patent Collateral

Patents have attracted controversy over whether they foster or hinder innovation. In his paper, William Mann is one of the few that establish a causal relationship between patents and R&D activity. The study begins by presenting empirical evidence for the pledge of patents as collateral to...Read More

9/6/2016
Putnam, Jonathan and Williams, Tim

The Smallest Salable Patent-Practicing Unit (SSPPU): Theory and Evidence

Jonathan Putnam and Tim Williams’ paper is the first to offer theoretical and empirical evidence for showing that the adoption of the SSPPU rule as a royalty base conflicts with fundamental economic principles and industry practices. Using economic theory, the authors establish that “the SSPPU...Read More

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