Cremers, Katrin; Gaessler, Fabian; Harhoff, Dietmar; … - 2014
We analyze the impact of the probabilistic nature of patents on the functioning of Germany’s bifurcated patent … litigation system where infringement and validity of a patent are decided independently by different courts. We show that … bifurcation creates situations in which a patent is held infringed that is subsequently invalidated. Our conservative estimates …