Abstract

http://ssrn.com/abstract=2221637
 
 

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The Use and Threat of Injunctions in the Rand Context


James D. Ratliff


Compass Lexecon

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

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 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

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Date posted: February 21, 2013  

Suggested Citation

Ratliff, James D. and Rubinfeld, Daniel L., The Use and Threat of Injunctions in the Rand Context (October 1, 2012). Journal of Competition Law and Economics, January 2013, pp. 1-22. Available at SSRN: http://ssrn.com/abstract=2221637

Contact Information

James D. Ratliff
Compass Lexecon ( email )
United States
Daniel L. Rubinfeld (Contact Author)
University of California at Berkeley - School of Law ( email )
215 Boalt Hall
Berkeley, CA 94720-7200
United States
(510) 642-1959 (Phone)
(510) 642-3767 (Fax)
HOME PAGE: http://www.law.berkeley.edu/faculty/rubinfeldd
National Bureau of Economic Research (NBER)
1050 Massachusetts Avenue
Cambridge, MA 02138
United States
NYU Law School ( email )
44 West Fourth Street, Suite 9-53
New York, NY 10012-1126
United States
(212) 992 8834 (Phone)
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