Tag: Timothy Simcoe

Tying and Exclusion in FRAND Licensing: Evaluating Qualcomm

Erik Hovenkamp and Timothy Simcoe

New analysis of the Qualcomm decision in terms of how Qualcomm’s commitments to license its standard-essential patents on “fair, reasonable, and nondiscriminatory” (FRAND) terms bear on the antitrust analysis and how FRAND might have been used to better justify finding an antitrust duty-to-deal with competitors.

Patent Policy and American Innovation after eBay: An Empirical Examination

Timothy Simcoe and Filippo Mezzanotti

After the Supreme Court ruled that courts should not automatically enter injunctions against patent infringers, some commentators feared that the decision would hinder innovation and growth in the U.S. More than ten years later, this paper examines the data to see whether those fears came true.