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Still Looking for Lost Profits: The Case of Horizontal Competition Mark Schankerman, London School of Economics Suzanne Scotchmer, Dept. of Economics & Graduate School of Public Policy, University of California, Berkeley and NBER Titlenote for Scotchmer: The author thanks the Toulouse Network on Information Technologies for financial support.
ABSTRACT: JEL Classifications: L41, K21
Abstract: When infringement of a patent dissipates profit relative to the licensing agreement that would otherwise occur, damages under the lost-profit rule deter infringement, and otherwise not. We develop this point in a general model and give two examples. However, joint profit might not be dissipated by infringement. An important example is where there are restrictions on licensing that arise from competition policy.
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