Still Looking for Lost Profits: The Case of Horizontal Competition

Mark Schankerman and Suzanne Scotchmer

Department of Economics, Working Paper Series from Department of Economics, Institute for Business and Economic Research, UC Berkeley

Abstract: JEL Classifications: L41, K21 Abstract: When infringement of a patent dissipates profit relative to the licensing agreement that would otherwise occur, damages under the lost-profit rule deter infringement, and otherwise not. We develop this point in a general model and give two examples. However, joint profit might not be dissipated by infringement. An important example is where there are restrictions on licensing that arise from competition policy.

Keywords: intellectual property; damages; lost profits; licensing (search for similar items in EconPapers)
Date: 2005-12-28
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Citations: View citations in EconPapers (8)

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Working Paper: Still Looking for Lost Profits: The Case of Horizontal Competition (2005)
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