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Scherer’s study focused on antitrust licensing decrees. These decreesmandated compulsory licensing as part of case settlements. Themajority of these licenses did not require future licensing of patents issuingfrom the year studied, but covered past inventions. AlthoughScherer hypothesized that specific past experience with compulsory licensesor the general threat of licenses might produce an adverse impacton R&D behavior, he found no statistical results to support these hypotheses. In the short-term, the largely unpredictable licenses studied did notappear to impact behavior in the year studied. The view that firms focusedon the long-term was expressed in an earlier study conducted by Schererthat focused on companies that either had been or were on the verge ofbeing forced to license patents in the antitrust context. The most commonexplanation provided by the firms for not changing R&D was theirlong-term interest in the impacted business, and the view that they neededto continue R&D in order to stay competitive.
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