ABSTRACT
… Against this backdrop, this article uses the analytical framework of law and economics to offer insights into what policies can help reduce unnecessarily burdensome patent litigation and thereby accelerate the pace of technological progress. Among other things, law and economics enables us to better understand the incentive effects of different rules regarding the enforceability of patents and the optimal balance of remedies to produce the greatest social welfare. The article begins by discussing the critical role that patents play in fostering dynamic technology markets (Section I). It then reviews recent legal and policy developments concerning the availability of injunctions (Section II) and the size of damage awards (Section III). It then considers other legal rules and procedures that may affect innovation incentives (Section IV). We conclude by discussing the policy implications of these developments (Section V).
Auer, Dirk and Manne, Geoffrey and Morris, Julian and Stout, Kristian, The Deterioration of Appropriate Remedies in Patent Disputes (August 11, 2020).
First posted 2020-11-29 06:32:45
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