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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
develop a model of patentlitigation which predicts faster settlement agreements when patent rights are fragmented andwhen …, we analyze how fragmentation affects total settlement delay, taking intoaccount both reduction in duration per dispute …
Persistent link: https://www.econbiz.de/10008838709
. We develop a model of patent litigation which predicts faster settlement agreements when patent rights are fragmented and … predicts that the impact of fragmentation on settlement duration should be smaller under CAFC. We confirm these predictions …-2000. Finally, we analyze how fragmentation affects total settlement delay, taking into account both reduction in duration per …
Persistent link: https://www.econbiz.de/10005796145
. We develop a model of patent litigation which predicts faster settlement agreements when patent rights are fragmented and … predicts that the impact of fragmentation on settlement duration should be smaller under CAFC. We confirm these predictions …-2000. Finally, we analyze how fragmentation affects total settlement delay, taking into account both reduction in duration per …
Persistent link: https://www.econbiz.de/10005656440
We model the settlement of a legal dispute where the trial outcome depends on the behavior of a strategically motivated … higher settlement rate. However, the terms of the settlement heavily favor the informed plaintiff, and consequently induce …
Persistent link: https://www.econbiz.de/10009322538
twofold: First, it establishes a workhorse model of settlement and litigation in the shadow of appeals which may be used in … future research to analyze specific issues of litigation and legal reform. Second, the importance of including the … possibility of appeals in the litigation model is highlighted by an example in which some results contradict the immediate …
Persistent link: https://www.econbiz.de/10011110939
We model the settlement of a legal dispute when the trial outcome depends on the behavior of a strategically motivated … informed plaintiff. If the parties cannot agree on a settlement and the case goes to trial, the judge decides how much effort … occurs. We also show that the judge prefers the low effort equilibria with high settlement rate and argue that a “managerial …
Persistent link: https://www.econbiz.de/10011039762
equilibrium settlements and the incentives to go to trial. We find that split-award statutes simultaneously lower settlement …
Persistent link: https://www.econbiz.de/10005003888
This paper analyzes the signaling nature of litigation selection under asymmetric information. For the robustness of … the analysis, we separate the litigation selection process, where the signaling from the informed party plays the key role …, from the actual settlement where a more general bargaining method than the usual 'take-it-or-leave-it' is adopted. With …
Persistent link: https://www.econbiz.de/10005583503
This paper studies the signaling role of the litigation/settlement selection under asymmetric information. As an … attempt to improve existing asymmetric information theory, we separate litigation/settlement selection process and the actual … settlement bargaining process, and adopt an infinitely repeated settlement bargaining with alternating offers, instead of the …
Persistent link: https://www.econbiz.de/10005583513