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 … should have expired, while proponents argue they reinforce incentives for innovation. We estimate the impact of settlements …

For over a century, courts and commentators have struggled to find principles that reconcile patent and antitrust law …, especially as to patent licensing. We interpret case law and commentary to arrive at three unifying principles for acceptable … terms of license. Profit neutrality' holds that patent rewards should not depend on the rightholder's ability to work the …

We examine whether the introduction of a patent commons, a special type of royalty free patent pool available to the … based on an OSS license. The marginal impact of The Commons on OSS entry is increasing in the cumulativeness of innovation … in the market and the extent to which patent ownership in the market is concentrated …

Cumulative innovation is central to economic growth. Do patent rights facilitate or impede follow-on innovation? We …. Patent rights block downstream innovation in computers, electronics and medical instruments, but not in drugs, chemicals or … study the causal effect of removing patent rights by court invalidation on subsequent research related to the focal patent …

on patents as an incentive for innovation, the effectiveness of patents for invention disclosure, patent valuation, and … what we know about the design of patent systems. We also look at what is known about some current policy areas, including … software and business method patents, university patenting, and the growth in patent litigation …

. To frame these issues, we start with a stylized model of the patent" litigation process. The bulk of the paper is devoted … to linking the empirical literature on patent" litigation to the parameters of the model. The four major areas we … affects the willingness to enforce patents, (iii) how the cost of enforcing" patents changes the private value of patent …

incumbents and entrants in a cumulative innovation environment; that is, entrants may not be adequately compensated for losses in …

A model of patent infringement is developed to analyze the relationship between litigation and aspects of the legal … environment such as the probability that the patent is found valid, the size of legal fees and their allocation across agents … this game has a fundamental impact on the value of patent protection to a patentee. This model is then linked to a patent …

engaging in infringement. Our empirical analysis shows that on average, NPEs appear to behave as opportunistic patent trolls … ability to defend themselves against litigation. We find that NPE litigation has a real negative impact on innovation at … innovation in the industries in which they are most prevalent …

product market competition interact with the strength of patent rights. We provide empirical evidence of innovation responding …, that patent protection can complement competition in inducing innovation …Can patent protection and product market competition complement each other in enhancing incentives to innovate? In this …