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Patent Applications

Citation Weighting, Patent Ranking, and Apportionment of Value for Standard-Essential Patents

by J. Gregory Sidak, Jeremy O. Skogvia IP2 Working Paper Series
Wednesday, January 10, 2018

A critical question repeatedly arises in litigation over the infringement of standard-essential patents (SEPs): What is an intellectually rigorous methodology for apportioning, across the various patents practiced in a multicomponent product, the value that the patents contribute to each enabling technology that gives the multicomponent product value?

Patently Risky: Framing, Innovation and Entrepreneurial Preferences

by Elizabeth Hoffman, David L. Schwartz, Matthew Spitzer, Eric Talleyvia IP2 Working Paper Series
Tuesday, January 9, 2018

Innovation policy balances static monopoly rights against dynamic entrepreneurial incentives. In striking this balance, researchers commonly presume that decision makers in innovative settings react to their economic environments in a manner similar to their counterparts in other contexts. This paper reports on a series of experiments that call this presumption into question. 

The Demographics of Intellectual Property

by Richard Sousavia IP2 Working Paper Series
Saturday, January 6, 2018

Over the past three generations, the US age distribution has been shifting inexorably. In 1950 one of twelve Americans were aged sixty-five or over; today, one of seven Americans are in that age bracket; by 2050 most forecasts indicate the ratio will be one in four.

Space Race Technology and the Impact on Jobs in U.S. Cities

by Shawn Kantor, Alexander Whalleyvia IP2 Working Paper Series
Wednesday, December 13, 2017

The spatial concentration of productivity and employment is central to economic geography. Yet, how the location of frontier technology affects the location of jobs is not well studied. In this paper, we examine how the Space Race driven expansion of the high-tech sector affected labor demand in the manufacturing sector. We first use Compustat data from 1954 to 1997 to show that firms receiving Space Race contracts expanded employment, reduced labor intensity, and with little change in total factor productivity. 

Patent Trespass and the Royalty Gap: Exploring the Nature and Impact of ‘Patent Holdup’

by Bowman Heiden, Nicolas Petitvia IP2 Working Paper Series
Tuesday, May 9, 2017

Across the world, a transactional problem known as “patent holdup” has gained mainstay in academic and policy circles. Patent holdup is said to occur when a patent owner makes licensing or cross-licensing demands that are more onerous than those anticipated by technology implementers when they decided to enter the industry. 


Compromising The Knowledge Economy: Authoritarian Challenges To Independent Intellectual Inquiry

by Glenn Tiffertvia National Endowment for Democracy
Tuesday, May 12, 2020

This report explores the compromising effects of sharp power on the civil society institutions that democratic societies depend on for knowledge production, including universities, publishers, and think tanks. Authoritarian regimes—China, Russia, Saudi Arabia, Turkey, and others—are exploiting unanticipated vulnerabilities in open knowledge economies to challenge free intellectual inquiry from the inside. 

Are “Fangs” Monopolies? A Theory of Disequilibrium Competition With Uncertainty

by Nicolas Petitvia IP2 Working Paper Series
Tuesday, April 16, 2019

This paper lays down the rudiments of a descriptive theory of competition among the digital tech platforms known as “FANGs” (Facebook, Amazon, Netflix and Google), amidst rising academic and policy polarization over the answer to what seems to be – at least at the formulation level – a simple question: are FANGs monopolies?

Liability Rules in the Internet of Things: Why Traditional Legal Relations Encourage Modern Technological Innovation

by Richard A. Epsteinvia IP2 Working Paper Series
Tuesday, January 8, 2019

To most experts on cyberspace, the Internet of Things (IoT) is an arena in which novel legal solutions are likely to prove dominant. I take the opposite position, even though—or perhaps precisely because—I have never done much specific work in this area. Contrary to the conventional wisdom, I think that any lack of specialized knowledge offers hidden advantages in working through the basic problems at a high enough level of generality to facilitate setting up a comprehensive liability regime even—perhaps especially—in an area undergoing rapid technological change.

Automatorts: How Should Accident Law Adapt to Autonomous Vehicles? Lessons from Law and Economics

by Eric Talleyvia IP2 Working Paper Series
Monday, January 7, 2019

The introduction of autonomous vehicles (AVs) onto the nation’s motorways raises important questions about our legal system’s adaptability to novel risks and incentive problems presented by such technology. A significant part of the challenge comes in understanding how to navigate the transition period, as AVs interact routinely with conventional human actors. This paper extends a familiar multilateral precaution framework from the law and economics literature by analyzing interactions between algorithmic and human decision makers. 

SEP Royalties: What Theory of Value and Distribution Should Courts Apply?

by Alexander Galetovic, Stephen Habervia IP2 Working Paper Series
Saturday, January 5, 2019

Courts are often required to determine the royalty to which the owner of a FRAND-encumbered standard essential patent (SEP) is entitled. We argue that courts should use the observed royalties charged by licensors, the market rental price of assets created by investments in R&D. This “comparables” technique is used to value virtually all classes of assets and is based on the standard theory of value and distribution, price theory.