The Use and Threat of Injunctions in the Rand Context
James D. Ratliff
Daniel L. Rubinfeld
University of California at Berkeley - School of Law; National Bureau of Economic Research (NBER); NYU Law School
October 1, 2012
Journal of Competition Law and Economics, January 2013, pp. 1-22
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 rule out, yet that threat does not lead to holdup. A key element is that the implementer always has as a last-resortthe ability to accept license terms that are either certified by a court as RAND or mutually agreed upon by the patentee and implementer.
Number of Pages in PDF File: 14
Keywords: injunction, RAND
JEL Classification: K41, L24, O34
Date posted: February 21, 2013
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