The use of “pay-for-delay” settlements in patent litigation – in which a branded manufacturer and generic entrant … settle a Paragraph IV patent challenge and agree to forestall entry – has come under considerable scrutiny in recent years … instruments include standard measures of patent strength and a measure of settlement legality based on a split between several …

This paper presents the first systematic theoretical and empirical study of high-low agreements in civil litigation. A … plaintiff recovery to a specified range. Whereas existing work describes litigation as a choice between trial and settlement …, our examination of high-low agreements--an increasingly popular phenomenon in civil litigation--introduces partial or …

This note reexamines the theory of optimal public enforcement when litigation costs are incurred if the defendant is … litigation costs can substantially alter the optimal system of public enforcement. It is also shown that failing to take these …

Economic Analysis of Law (Harvard University Press, 2003). In chapter 17, I consider the basic theory of litigation. Here I … chapter 18, I extend the basic theory of litigation, examining among other issues the bringing of negative value suits …This paper contains the chapters on litigation and the legal process from a general, forthcoming book, Foundations of …

federal government and private litigants and litigation translate into differences in trial rates and plaintiff win rates at …

A central feature of the litigation process that affects case outcomes is the selection of cases for litigation. In … individuals vary more in their litigiousness (inverse costs of litigation) than do corporations. This assumption, coupled with the … results that are generally consistent with the theory. Lawsuits where the plaintiff is an individual are found to have higher …

The information created and disseminated through the litigation process can have social value. Suppose a long … public information through litigation is too small. The optimal liability rule trades off providing future injurers with …

One of the principal results in the economic theory of liability is that, assuming litigation is costless, the rule of … reexamines this result when litigation is costly. It is shown that strict liability with compensatory damages generally leads to … a socially inappropriate level of care and to excessive litigation costs. Social welfare can be increased by adjusting …