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Expert Analysis

Why Nash Bargaining Is A Good Tool For Patent Damages

Law360, New York (May 28, 2014, 10:16 AM EDT) -- Harry Truman famously requested an economist with only one hand because every time an economist would lay out the case for a position, he would inevitably follow it up with "on the other hand." After reading the title of a recent Law360 Expert Analysis article, "Nash Bargaining May Not Be Right for Patent Damages," by Thomas Varner,[1] I expected a similar point-counterpoint argument with no firm position taken on the acceptability of the Nash bargaining solution. If Nash "may" not be right for patent damages, doesn't this also imply that it may be right? While the title suggested the possibility of a counterargument, it was never presented....

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