The Use and Threat of Injunctions in the Rand Context
Year: 2013
Type: article
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.
Authors: J. Ratliff, D. L. Rubinfeld
Language: English
Subfield: Management of Technology and Innovation
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2171638536