The Use and Threat of Injunctions in the Rand Context

Journal of Competition Law and Economics, January 2013, pp. 1-22

14 Pages Posted: 21 Feb 2013  

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

Date Written: October 1, 2012

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.

Keywords: injunction, RAND

JEL Classification: K41, L24, O34

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: https://ssrn.com/abstract=2221637

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)

Paper statistics

Downloads
127
Rank
183,297
Abstract Views
613