BARGAINING FAILURE AND FAILURE TO BARGAIN.

The article presents a speech by Michael J. Meurer, professor of law at Boston University School of Law, presented at the Boston University Law Review Symposium on Notice and Notice Failure in Intellectual Property Law. Topics of the speech include bargaining failure and failure to bargain ex ante, publicly traded firms that sue each other for patent infringement and bargaining provides the main benefit of avoiding hold up costs.