Patent Enforcement in an Uncertain World: Widespread Infringement and the Paradox of Value for Patented Technologies

Tusher Center for the Management of Intellectual Capital Working Paper No. 6

15 Pages Posted: 29 Sep 2016

See all articles by Michael Akemann

Michael Akemann

Berkeley Research Group, LLC

John Blair

Berkeley Research Group, LLC

David Teece

Institute for Business Innovation

Date Written: September 28, 2016

Abstract

In order to begin developing a base of paying licensees in the context of widespread infringement, IP owners must sometimes significantly discount licensing terms in their early negotiations – with a view that successful licenses, even at a relatively low price, will deliver value by buttressing the credibility of the IP, provide a source of cash to fund subsequent enforcement actions, and (perhaps) clarify the boundaries of the IP rights. Fuzzy IP rights and contracting difficulties pose interesting licensing and damages issues in the context of widespread infringement.

Keywords: Patent, Patent Enforcement, Patent Infringement, Patented Technologies

Suggested Citation

Akemann, Michael and Blair, John and Teece, David J., Patent Enforcement in an Uncertain World: Widespread Infringement and the Paradox of Value for Patented Technologies (September 28, 2016). Tusher Center for the Management of Intellectual Capital Working Paper No. 6 . Available at SSRN: https://ssrn.com/abstract=2845002 or http://dx.doi.org/10.2139/ssrn.2845002

Michael Akemann

Berkeley Research Group, LLC ( email )

Boston, MA
United States

John Blair

Berkeley Research Group, LLC ( email )

Boston, MA
United States

David J. Teece (Contact Author)

Institute for Business Innovation ( email )

F402 Haas School of Business, #1930
Berkeley, CA 94720-1930
United States
(510) 642-4041 (Phone)

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