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The Use And Threat Of Injunctions In The Rand Context

Author

Listed:
  • James Ratliff
  • Daniel L. Rubinfeld

Abstract

We model a dispute between the owner of a standard-essential patent and an implementer of the standard over whether the patentee's license offer is reasonable and non-discriminatory (RAND). An injunction is not ruled out, yet that threat does not lead to holdup. A key element is that the implementer always has a last-resort ability to accept license terms that are either certified by a court as RAND or mutually agreed upon by the patentee and implementer.

Suggested Citation

  • James Ratliff & Daniel L. Rubinfeld, 2013. "The Use And Threat Of Injunctions In The Rand Context," Journal of Competition Law and Economics, Oxford University Press, vol. 9(1), pages 1-22.
    • Handle: RePEc:oup:jcomle:v:9:y:2013:i:1:p:1-22.
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    File URL: http://hdl.handle.net/10.1093/joclec/nhs038
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    Citations

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    Cited by:

    1. Chryssoula Pentheroudakis & Justus A. Baron, 2016. "Licensing Terms of Standard Essential Patents: A Comprehensive Analysis of Cases," JRC Research Reports JRC104068, Joint Research Centre.
    2. Jay Pil Choi, 2016. "FRAND Royalties and Injunctions for Standard Essential Patents," Global Economic Review, Taylor & Francis Journals, vol. 45(3), pages 233-250, July.
    3. Jens Leth Hougaard & Chiu Yu Ko & Xuyao Zhang, 2017. "A Welfare Economic Interpretation of FRAND," IFRO Working Paper 2017/04, University of Copenhagen, Department of Food and Resource Economics.
    4. Hougaard, Jens Leth & Ko, Chiu Yu & Zhang, Xuyao, 2023. "A conceptual model for FRAND royalty setting," Mathematical Social Sciences, Elsevier, vol. 123(C), pages 167-176.

    More about this item

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • L96 - Industrial Organization - - Industry Studies: Transportation and Utilities - - - Telecommunications

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