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Full-Text Articles in Law
Puzzles Of The Zero-Rate Royalty, Eli Greenbaum
Puzzles Of The Zero-Rate Royalty, Eli Greenbaum
Fordham Intellectual Property, Media and Entertainment Law Journal
Patentees increasingly exploit their intellectual property rights through royalty-free licensing arrangements. Even though patentees using such frameworks forfeit their right to trade patents for monetary gain, royalty-free arrangements can be used to pursue other significant commercial and collaborative interests. This Article argues that modern royalty-free structures generate tension between various otherwise well-accepted doctrines of patent remedies law that were designed for more traditional licensing models. As such, current doctrines provide conflicting frameworks for evaluating the royalty-free arrangement, and offer inconsistent approaches for determining the appropriate remedy for their breach. This discord grows out of courts’ inadequate attention to non-monetary consideration …
Accountability In The Patent Market Part Ii: Should Public Corporations Disclose More To Shareholders?, Ian D. Mcclure
Accountability In The Patent Market Part Ii: Should Public Corporations Disclose More To Shareholders?, Ian D. Mcclure
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article identifies the general devaluation and/or increased risk of invalidation of these types of patents only as an example of information that could be important to shareholders. It then describes the impact this devaluation and known patent liabilities could have on corporate value, presents the requirements for particular companies to disclose patent information to shareholders and policy reasons for strengthening these requirements, and proposes that public companies could do more—or could be required to do more—to limit their risk and increase information transparency to investors.