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Intellectual Property and the Patent Marketplace: Evolution, Notice and Remedies
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Editors: Irene Ratzloff and Edward J. Majors
Book Description:
Innovation benefits consumers through the development of new products, processes and services that improve lives and address unmet needs. It is key to meeting society's greatest challenges in areas as diverse as energy production, communications and health care, and it is essential to sustained economic growth and global competitiveness. But innovation is a complex process. It involves a series of steps from idea to invention through development to commercialization, each of which can be expensive, risky, and unpredictable. The goal of the patent system is to promote innovation in the face of that expense and risk. This book begins by examining the role of technology markets and patent markets in innovation today. Chapter 1 discusses collaboration and technology transfer which have become increasingly important pathways to innovation with significant benefits for consumers. Chapter 2 describes the increasing activity and complexity of business models in markets for patents that do not involve technology transfer, and Chapters 3-8 make recommendations for adjustments to the legal rules and practices governing notice and remedies to better align them with competition policy without undermining patent law's support for innovation. (Imprint: Nova)

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Table of Contents:
Preface pp. i-xxxviii

Introduction

Executive Summary


Technology Markets and Patent Markets

Chapter 1: Evolving Pathways of Innovation: Open Innovation, Technology Transfer and Ex Ante Patent Transactions pp. 1-12

Chapter 2: The Evolving Patent Marketplace: Ex Post Patent Transactions pp. 13-26


Patent Notice

Chapter 3: Patent Notice: A Competition Perspective pp. 27-55


Patent Remedies

Chapter 4: The Economic and Legal Foundations of Patent Remedies pp. 57-66

Chapter 5: Lost Profits Damages pp. 65-70

Chapter 6: The Hypothetical Negotiation in Reasonable Royalty Damages pp. 71-80

Chapter 7: Calculating Reasonable Royalty Damages pp. 81-98

Chapter 8: Permanent Injunctions in Patent Cases pp. 99-116


Appendices: pp. 117-222

Appendix A: Statistics Describing Patent Damage Awards

Appendix B: Overview of Post-eBay Permanent Injunction Case Law

Appendix C: Hearing Participants

Appendix D: Public Comments and Hearing Submissions

Appendix E: Hearing Agendas


Index pp. 223-230

   Series:
      Business Issues, Competition and Entrepreneurship
      Economic Issues, Problems and Perspectives
   Binding: Hardcover
   Pub. Date: 2012- December
   Pages: 268, 7x10 - (NBC-G)
   ISBN: 978-1-62417-068-3
   Status: AV
  
Status Code Description
AN Announcing
FM Formatting
PP Page Proofs
FP Final Production
EP Editorial Production
PR At Prepress
AP At Press
AV Available
  
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Intellectual Property and the Patent Marketplace: Evolution, Notice and Remedies