Still Looking for Lost Profits: The Case of Horizontal Competition
AbstractJEL Classifications: L41, K21 Abstract: When infringement of a patent dissipates profit relative to the licensing agreement that would otherwise occur, damages under the lost-profit rule deter infringement, and otherwise not. We develop this point in a general model and give two examples. However, joint profit might not be dissipated by infringement. An important example is where there are restrictions on licensing that arise from competition policy.
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Bibliographic InfoPaper provided by Competition Policy Center, Institute for Business and Economic Research, UC Berkeley in its series Competition Policy Center, Working Paper Series with number qt5746p162.
Date of creation: 28 Dec 2005
Date of revision:
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intellectual property; damages; lost profits; licensing;
Find related papers by JEL classification:
- L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices
- K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Stephen M. Maurer & Suzanne Scotchmer, 2004.
"Profit Neutrality in Licensing: The Boundary Between Antitrust Law and Patent Law,"
Law and Economics
- Stephen M. Maurer & Suzanne Scotchmer, 2006. "Profit Neutrality in Licensing: The Boundary Between Antitrust Law and Patent Law," American Law and Economics Review, Oxford University Press, vol. 8(3), pages 476-522.
- Stephen Maurer & Suzanne Scotchmer, . "Profit Neutrality in Licensing: The Boundary Between Antitrust Law and Patent Law," American Law & Economics Association Annual Meetings 1090, American Law & Economics Association.
- Stephen M. Maurer & Suzanne Scotchmer, 2004. "Profit Neutrality in Licensing: The Boundary between Antitrust Law and Patent Law," NBER Working Papers 10546, National Bureau of Economic Research, Inc.
- Maurer, Stephen M. & Scotchmer, Suzanne, 2004. "Profit Neutrality in Licensing: The Boundary Between Antitrust Law and Patent Law," Competition Policy Center, Working Paper Series qt6f659351, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
- Yann Ménière & Sarah Parlane, 2008.
"Innovation in the Shadow of Patent Litigation,"
Review of Industrial Organization,
Springer, vol. 32(2), pages 95-111, March.
- Choi, Jay Pil, 2009. "Alternative damage rules and probabilistic intellectual property rights: Unjust enrichment, lost profits, and reasonable royalty remedies," Information Economics and Policy, Elsevier, vol. 21(2), pages 145-157, June.
- Matthew D. Henry & John L. Turner, 2010. "PATENT DAMAGES AND SPATIAL COMPETITION -super-* ," Journal of Industrial Economics, Wiley Blackwell, vol. 58(2), pages 279-305, 06.
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