Posted by D. Daniel Sokol
James D. Ratliff,Compass Lexecon and Daniel L. Rubinfeld, University of California at Berkeley – School of Law, NYU Law School analyze The Use and Threat of Injunctions in the Rand Context
ABSTRACT: We model a dispute between the owner of a standard-essential patent and implementer of the standard over which the patentee’s license offer is reasonable and nondiscriminatory (RAND). An injunction is not ruled out, yet that threat does not lead to holdup. A key element is that the implementer always has as a last-resort: the ability to accept license terms that are either certified by a court as RAND or mutually agreed upon by the patentee and implementer.
Featured News
Hess Shareholders Approve $53 Billion Merger with Chevron
May 28, 2024 by
CPI
EU Regulators Engage with Telegram as App Nears Critical Usage Threshold
May 28, 2024 by
CPI
EEX Offers Remedies to Address EU Antitrust Concerns Over Nasdaq Deal
May 28, 2024 by
CPI
BRG Expands European Competition Practice with New Expert Team in Brussels
May 28, 2024 by
CPI
UK Law Empowers Regulators to Fine Big Tech Without Court Approval
May 28, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Merger Guidelines Retrospective
May 21, 2024 by
CPI
Mergers of Complements
May 21, 2024 by
CPI
Personality Traits, Private Equity, and Merger Analysis
May 21, 2024 by
CPI
The 2023 Merger Guidelines: Lessons in the Importance of Incipiency, Modern Economics, and Monopsony
May 21, 2024 by
CPI
The 2023 Merger Guidelines: Sharpening Merger Analysis
May 21, 2024 by
CPI