Contributory infringement rule and patents
The contributory infringement rule assesses liability to a third party that contributes to the infringement of a patent. Not only are firms that directly infringe liable, but those that indirectly contribute are also liable. We investigate how this rule affects the creation of a network of members (e.g., an e-commerce network). We find that the enforcement of indirect liability does not induce more trials in equilibrium. Firms settle out-of-court, but because of the threat of trial, the network size decreases and the social welfare is reduced. Surprisingly, we find that if the compensation paid by the indirect infringers is high, the rule does not benefit the patentholder and may not even give enough R&D incentives ex ante. It is possible to find a direct compensation for the patentholder that is socially preferable.
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- Mackie-Mason, J.K. & Varian, H.R., 1994.
"Economic FACs about the Internet,"
94-05, Michigan - Center for Research on Economic & Social Theory.
- William Landes & Douglas Lichtman, 2003. "Indirect Liability for Copyright Infringement: Napster and Beyond," Journal of Economic Perspectives, American Economic Association, vol. 17(2), pages 113-124, Spring.
- James Bessen & Robert M. Hunt, 2004.
"An empirical look at software patents,"
03-17, Federal Reserve Bank of Philadelphia.
- Carl Shapiro, 2004.
"Navigating the Patent Thicket: Cross Licenses, Patent Pools and Standard Setting,"
Levine's Working Paper Archive
122247000000000539, David K. Levine.
- Carl Shapiro, 2001. "Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard Setting," NBER Chapters, in: Innovation Policy and the Economy, Volume 1, pages 119-150 National Bureau of Economic Research, Inc.
- Carl Shapiro, 2003. "Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard-Setting," Law and Economics 0303005, EconWPA.
- Shapiro, Carl, 2000. "Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard-Setting," Competition Policy Center, Working Paper Series qt4hs5s9wk, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
- Louis Kaplow & Steven Shavell, 1993.
"Accuracy in the Assessment of Damages,"
NBER Working Papers
4287, National Bureau of Economic Research, Inc.
- Claude Crampes & Corinne Langinier, 2002.
"Litigation and Settlement in Patent Infringement Cases,"
RAND Journal of Economics,
The RAND Corporation, vol. 33(2), pages 258-274, Summer.
- Crampes, Claude & Langinier, Corinne, 2002. "Litigation and Settlement in Patent Infringement Cases," Staff General Research Papers 5231, Iowa State University, Department of Economics.
- Schankerman, Mark & Scotchmer, Suzanne, 2001. "Damages and Injunctions in Protecting Intellectual Property," RAND Journal of Economics, The RAND Corporation, vol. 32(1), pages 199-220, Spring.
- Shapiro, Carl, 2003.
" Antitrust Limits to Patent Settlements,"
RAND Journal of Economics,
The RAND Corporation, vol. 34(2), pages 391-411, Summer.
- Carl Shapiro, 2003. "Antitrust Limits to Patent Settlements," Law and Economics 0303004, EconWPA.
- Shapiro, Carl, 2001. "Antitrust Limits to Patent Settlements," Competition Policy Center, Working Paper Series qt87s5j911, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
- Cremer, Jacques & Rey, Patrick & Tirole, Jean, 2000.
"Connectivity in the Commercial Internet,"
Journal of Industrial Economics,
Wiley Blackwell, vol. 48(4), pages 433-72, December.
- James Bessen & Eric Maskin, 2006.
"Sequential Innovation, Patents, and Imitation,"
Economics Working Papers
0025, Institute for Advanced Study, School of Social Science.
- Cremer, Jacques, 2000. "Network externalities and universal service obligation in the internet," European Economic Review, Elsevier, vol. 44(4-6), pages 1021-1031, May.
- Aoki, Reiko & Hu, Jin, 1999. "A Cooperative Game Approach to Patent Litigation, Settlement, and Allocation of Legal Costs," Working Papers 216, Department of Economics, The University of Auckland.
- Cremer, Jacques & Hariton, Cyril, 1999. "The Pricing of Critical Applications in the Internet," Journal of the Japanese and International Economies, Elsevier, vol. 13(4), pages 281-310, December.
- James Boyd & Daniel E. Ingberman, 2003. "Fly by Night or Face the Music? Premature Dissolution and the Desirability of Extended Liability," American Law and Economics Review, Oxford University Press, vol. 5(1), pages 189-232.
- Bruce Hay & Kathryn E. Spier, 2005. "Manufacturer Liability for Harms Caused by Consumers to Others," American Economic Review, American Economic Association, vol. 95(5), pages 1700-1711, December.
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