Showing 1 - 10 of 465
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 … than patents which have not been opposed. Patent owner?s ability to trade patents with potential infringers and to interact …
Persistent link: https://www.econbiz.de/10010297398
We investigate the impact of the race and income of the jury pool on trial awards. We find that the average tort award increases as black and Hispanic county population rates increase and especially as black and Hispanic county poverty rates increase. An increase in the black countypoverty rate...
Persistent link: https://www.econbiz.de/10010271976
We model the settlement of a legal dispute where the trial outcome depends on the behavior of a strategically motivated judge. We consider a standard asymmetric information model where the uninformed defendant makes a take it or leave it offer. If the case goes to trial, the judge decides how...
Persistent link: https://www.econbiz.de/10010500186
Settlements are often considered to be welfare-enhancing because they save time and litigation costs. In the presence of court error, however, this conclusion may be wrong. Court decisions create positive externalities for future litigants which will not occur if a dispute is settled out of...
Persistent link: https://www.econbiz.de/10010316071
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 …-level competition policy and granting authority ultimately facing national jurisdictional primacy on patent issues. These high degrees …
Persistent link: https://www.econbiz.de/10010317346
Compulsory licences are generally available on a variety of grounds, most notably on patents where the patentee is found to have abused its rights in one manner or another. This research paper attempts to review South African case law on applications for compulsory licences since the inception...
Persistent link: https://www.econbiz.de/10012490865
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 caught up in patent thickets. Using data on opposition against patents …
Persistent link: https://www.econbiz.de/10010352087
adapt to the new international rules on patent law. One of the main points of the Agreement is the possibility of …
Persistent link: https://www.econbiz.de/10014494912
public interest aspect and human rights implications while granting injunctions in patent litigation. Moreover, it asserts … that the courts should exercise prudence in granting injunctive relief in cases involving patent infringement, and take …
Persistent link: https://www.econbiz.de/10014494919
into the national patent law the concept of humanitarian compulsory licensing. …
Persistent link: https://www.econbiz.de/10014540034