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Patent infringement awards are commonly thought to be unpredictable, which raises concerns that patents can lead to unjust enrichment and impede the progress of innovation. We investigate the predictability of patent damages by conducting a large-scale econometric analysis of award values. We...
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Professor Colleen Chien recently developed an innovative and important model that relies on a patent's "after-acquired" characteristics to predict the chances that the patent will be involved in litigation. This comment critiques Professor Chien's model by identifying certain weaknesses,...
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The patent system - and information about the patent system - is becoming more available and more digitalized. One area of interest involves using newly available information to predict patent litigation - to identify patents that will in the future be litigated. If patents that will be...
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Patent lawsuits are disruptive, unpredictable, and costly. The inability to anticipate patent litigation makes it practically uninsurable, exposes companies to late-stage suits, and drives companies to rapidly accumulate patents in order to ward off litigation. This article confronts this...
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technologies, and conflicts with basic patent theory. Accordingly, the Patent Office and courts need to reconsider how they use …
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