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Article
| Journal of Law, Economics & Organization
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spring 2007
Finding Lost Profits: An Equilibrium Analysis of Patent Infringement Damages
by
James J. Anton and Dennis A. Yao
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Abstract
We discuss how a seller can appropriate rents when selling knowledge that lacks legal property rights by solving either an expropriation or a valuation problem and then analyze how seller rents increase when a portion of the intellectual property (IP) can be protected. The analysis shows that a sequential strategy in which the protected portion of the IP is sold prior to selling the unprotected IP is superior to selling both portions of the IP as a bundle.
Keywords: Profit;
Patents;
Management Analysis, Tools, and Techniques;
Knowledge;
Rights;
Strategy;
Valuation;
Problems and Challenges;