Licensing Complementary Patents: “Patent Trollsâ€, Market Structure, and “Excessive†Royalties

Anne Layne-Farrar and Klaus Schmidt ()

Discussion Paper Series of SFB/TR 15 Governance and the Efficiency of Economic Systems from Free University of Berlin, Humboldt University of Berlin, University of Bonn, University of Mannheim, University of Munich

Abstract: The infamous Blackberry case brought new attention to so-called “patent trolls†and began the general association of trolls with “non-practicing†patent holders. This has had important legal consequences: Namely, patent holders have been denied injunctive relief because they did not practice the patents themselves. In this paper we analyze how patent holders –– both non-practicing and vertically integrated –– choose their royalties depending on the structure of the upstream and downstream markets and the types of licensing agreements available. We show that a vertically integrated firm has an incentive to raise its rivals’ costs and to restrict entry on the downstream market; incentives that do not hold for non-integrated patent holders. An automatic presumption that a non-integrated patent holder will charge higher royalties than a vertically integrated company is therefore unfounded. Whether a company charges “excessive†royalties depends on whether there is scope for hold-up, either because of sunk investments on the part of potential licensees or because of “weak†patents held by the licensor. These factors are orthogonal to whether patent holders are practicing or not

Date: 2009-09
New Economics Papers: this item is included in nep-ind, nep-ino, nep-ipr and nep-pr~
References: Add references at CitEc
Citations:

Downloads: (external link)
https://epub.ub.uni-muenchen.de/13278/1/275.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:trf:wpaper:275

Access Statistics for this paper

More papers in Discussion Paper Series of SFB/TR 15 Governance and the Efficiency of Economic Systems from Free University of Berlin, Humboldt University of Berlin, University of Bonn, University of Mannheim, University of Munich Geschwister-Scholl-Platz 1, D-80539 Munich, Germany. Contact information at EDIRC.
Bibliographic data for series maintained by Tamilla Benkelberg ().