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% of all patent litigation cases in Germany between 2000 and 2008 we estimate the likelihood of within-trial settlement. We …This paper looks at the decision to settle patent litigation in Germany from a new angle by focusing on detailed data … find that the within-trial settlement decision is to some degree driven by the proceedings that change the pre …
Persistent link: https://www.econbiz.de/10010957695
We compare patent litigation cases across four European jurisdictions - Germany, France, the Netherlands, and the UK … considerable number of patents are litigated in multiple jurisdictions, but the majority of patents are subject to litigation only …
Persistent link: https://www.econbiz.de/10010957667
profit from litigation while defendants agreeing upon a settlement deal lose as much as defendants losing in trial. I further …I analyse how patent litigation outcome in Germany affects the performance of the disputing firms by interpreting … the functioning of the bifurcated German patent litigation system: The separation of litigation and invalidity decisions …
Persistent link: https://www.econbiz.de/10010957683
This paper presents an empirical analysis of the determinants of patent litigation in Germany, based on information … analysis show that relatively valuable patents are more likely to be involved in litigation cases than the average patent …. Patents which have survived opposition are more likely to encounter subsequent litigation actions after the granting procedure …
Persistent link: https://www.econbiz.de/10005098016
litigation system where infringement and validity of a patent are decided independently by different courts. We show that …
Persistent link: https://www.econbiz.de/10010957677
The appeals process - whereby the losing party of an administrative or judicial decision can seek reconsideration of their arguments before a higher institution - is an important mechanism to correct legal errors and to improve existing laws and regulations. We use data of 467 firm groups that...
Persistent link: https://www.econbiz.de/10010985689
The duration of appellate court proceedings is an important determinant of the efficiency of a court system. We use data of 234 firm groups that participated in 63 cartels convicted by the European Commission between 2000 and 2012 to investigate the determinants of the duration of the subsequent...
Persistent link: https://www.econbiz.de/10010985699
Trademarks are often supposed to reduce substitutability and imitability of product innovations. Using German CIS data for 2010, we provide empirical evidence that trademarking firms assess easy product substitutability as less characteristic for their competitive environment. This is...
Persistent link: https://www.econbiz.de/10010957593
This article analyzes how the perceived effectiveness of intellectual property protection and competitive pressure affect firms' innovation strategy choices, concretely, whether to abstain from innovation, to introduce products that are known in the market but new to the firm (imitation) or to...
Persistent link: https://www.econbiz.de/10010957641
This study shows for a large sample of R&D-active manufacturing firms that collaborative R&D has a positive effect on firms' patenting in terms of both quantity and quality. When distinguishing between alliances that aim at joint creation of new knowledge and alliances that aim at exchange of...
Persistent link: https://www.econbiz.de/10010957658