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excessive administrative discretion - namely rule of government officials - in other areas. Shareholders' litigation and anti-dumping … the government's anti-dumping practice, analyze the different roles played by law and government officials therein and the … still a practice in anti-dumping investigations. The government would use anti-dumping to compensate industries whose …
Persistent link: https://www.econbiz.de/10014218583
This paper examines the role of experts from both a United Kingdom and North America perspective. The paper starts by pointing out the important role of expert evidence in assisting the tier of fact. The distinction between accountants as fact witnesses and as expert witnesses is identified. The...
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We compare patent litigation cases across four European jurisdictions – Germany, France, the Netherlands, and the UK – covering cases filed during the period 2000-2008. For our analysis, we assemble a new dataset that contains detailed information at the case, litigant, and patent level for...
Persistent link: https://www.econbiz.de/10010128711
Post-grant validity challenges at patent offices rely on the private initiative of third parties to correct mistakes made by patent offices. We hypothesize that incentives to bring post-grant validity challenges are reduced when many firms benefit from revocation of a patent and when firms are...
Persistent link: https://www.econbiz.de/10009742118
This paper assesses the impact of adopting a post-grant review institution in the US patent system by comparing the 'opposition careers' of European Patent Office (EPO) equivalents of litigated US patents to those of a control group of EPO patents. We demonstrate several novel methods of...
Persistent link: https://www.econbiz.de/10010366523
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This paper argues that the consequences of the ‘fragmentation’ of the European patent system are more dramatic than the mere prohibitive costs of maintaining a patent in force in many jurisdictions. First, detailed analysis of judicial systems in several European countries and four case...
Persistent link: https://www.econbiz.de/10003820846
The study focuses on the admissibility and assessment of economic expertise in EC competition law litigation. I start by exploring the broader issues raised by the integration of economic expertise in litigation: in particular the risk of moral hazard and adverse selection because of the...
Persistent link: https://www.econbiz.de/10014204308