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The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system … revocation proceedings. This account is followed by a comparison of arbitration and litigation in Germany in the light of the …
Persistent link: https://www.econbiz.de/10014360286
This paper looks at the decision to settle patent litigation in Germany from a new angle by focusing on detailed data on within-trial actions and motivations by plaintiff, defendant and the courts. Using a new dataset covering about 80% of all patent litigation cases in Germany between 2000 and...
Persistent link: https://www.econbiz.de/10013036139
in several European countries and four case studies provide evidence suggesting that heterogeneous national litigation …
Persistent link: https://www.econbiz.de/10003820846
model in which courts grant injunctions only when they have sufficient evidence that the prospective licensee is unwilling …
Persistent link: https://www.econbiz.de/10009712485
I analyse how patent litigation outcome in Germany affects the performance of the disputing firms by interpreting changes in a firm's credit rating as a proxy for changes in firm performance. The results match theoretical considerations on the functioning of the bifurcated German patent...
Persistent link: https://www.econbiz.de/10009721892
lack of comprehensive empirical evidence of demand, a number of policy documents have focused on facilitating affordable …
Persistent link: https://www.econbiz.de/10013139412
In the past, non-practicing entities (NPEs) - firms that license patents without producing goods - have facilitated technology markets and increased rents for small inventors. Is this also true for today's NPEs? Or are they “patent trolls” who opportunistically litigate over software patents...
Persistent link: https://www.econbiz.de/10013114028
We study how fragmentation of patent rights ('patent thickets') and the formation of the Court of Appeal for the Federal Circuit (CAFC) affected the duration of patent disputes, and thus the speed of technology diffusion through licensing. We develop a model of patent litigation which predicts...
Persistent link: https://www.econbiz.de/10013117066
-litigated patents and NPE litigation opponents. I find evidence that supports both the negative and positive view of NPEs: NPEs do …
Persistent link: https://www.econbiz.de/10013122483
The Italian and European regulatory framework for patents would benefit from further improvements in order to foster dynamic competition between Italian firms. At the national level the exclusive allocation of the right to patent inventions to universities, rather than to researchers, would...
Persistent link: https://www.econbiz.de/10013109093