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Property Law x Law and Economics x clear all

DO PATENT HOLDUP AND ROYALTY STACKING LEAD TO SYSTEMATICALLY EXCESSIVE ROYALTIES?

Einer Elhauge.

in Journal of Competition Law & Economics

September 2008; p ublished online September 2008 .

Journal Article. Subjects: Law and Economics; Property Law; Antitrust Issues and Policies; Regulation and Industrial Policy. 17228 words.

Some recent literature has concluded that patent remedies result in systematically excessive royalties because of holdup and stacking problems. This article shows that this literature is...

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THE FTC, IP, AND SSOS: GOVERNMENT HOLD-UP REPLACING PRIVATE COORDINATION

Richard A. Epstein, F. Scott Kieff and Daniel F. Spulber.

in Journal of Competition Law & Economics

March 2012; p ublished online March 2012 .

Journal Article. Subjects: Law and Economics; General Economics; Technological Change; Research and Development; History of Economic Thought (1925 onwards); Household Behaviour and Family Economics; Property Law; Microeconomics; Analysis of Collective Decision-making; Manufacturing; Welfare Economics; Antitrust Issues and Policies; Economic History; Production and Organizations; Market Structure and Pricing; Information, Knowledge, and Uncertainy; Regulation and Industrial Policy; Capitalist Systems; Firm Objectives, Organization, and Behaviour; Market Structure, Firm Strategy, and Market Performance; History of Economic Thought (to 1925). 21147 words.

In its recent report entitled, “The Evolving IP Marketplace,” the Federal Trade Commission (FTC) proposes a far-reaching regulatory approach (Proposal) that is likely to interfere with the...

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INCENTIVE EFFECTS FROM DIFFERENT APPROACHES TO HOLDUP MITIGATION SURROUNDING PATENT REMEDIES AND STANDARD-SETTING ORGANIZATIONS

F. Scott Kieff and Anne Layne-Farrar.

in Journal of Competition Law & Economics

December 2013; p ublished online November 2013 .

Journal Article. Subjects: Property Law; History of Economic Thought (1925 onwards); General Economics; Technological Change; Research and Development; Antitrust Issues and Policies; Production and Organizations; Market Structure and Pricing; Law and Economics. 16313 words.

Debates about patent policy often focus on the potential for the threat of a court-imposed remedy for patent infringement to cause manufacturing entities and others to suffer patent holdup,...

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The myth of the early aviation patent hold-up—how a US government monopsony commandeered pioneer airplane patents

Ron D. Katznelson and John Howells.

in Industrial and Corporate Change

February 2015; p ublished online March 2014 .

Journal Article. Subjects: Property Law; Technological Change; Research and Development; Antitrust Issues and Policies; Economic History; Manufacturing; Law and Economics; History of Manufacturing and Construction. 27018 words.

The prevailing historical accounts of the formation of the US aircraft “patent pool” in 1917 assume the US government necessarily intervened to alleviate a patent hold-up among private...

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PROPERTY AS PLATFORM: COORDINATING STANDARDS FOR TECHNOLOGICAL INNOVATION

Henry E. Smith.

in Journal of Competition Law & Economics

December 2013; p ublished online November 2013 .

Journal Article. Subjects: Technological Change; Research and Development; Property Law; Law and Economics; Production and Organizations. 16300 words.

This article examines the coordination of inputs to the development and use of technology as a problem in the theory of property. Recent misunderstanding of property, in terms of both the...

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