Anne Layne Farrar published an article with Koren W. Wong-Ervin entitled “An Analysis of the Federal Circuit’s Decision in Ericsson v. D-Link.” The article analyzes the decision, providing economic commentary on (i) its key holdings with respect to the appropriate methodology, (ii) the incremental value approach, (iii) when to consider concerns about hold-up and royalty stacking, and (iv) the use of the smallest salable patent practicing unit. To read the article, click the link below.
Assessing umbrella pricing incentives
When collusive agreements involve a subset of firms in an industry, they may create the incentive and ability for firms that are not participants in the cartel...