powerful strategic tool: the offers that he makes to the patent holder will affect the royalty rate that the Court may adopt as … availability of injunctions, the holder of a sufficiently weak patent will end up accepting below FRAND rates, in particular when … sufficiently strong patent will always end up in litigation by rejecting offers below FRAND. This arises in particular when the …

As an economist, I find the current state of the law regarding damages for patent infringement – most particularly that … relating to apportionment – frustrating at best and woefully incomplete at worst. Namely, damages case law for utility patent … rule (EMVR) versus the smallest salable patent practicing unit (SSPPU) principle. The modern pair of EMVR and SSPPU options …

The U.S. Patent and Trademark Office resolves patent priority disputes in patent interference cases. Using a random … sample of cases declared between 1988 and 1994, we establish a connection between patent interferences and patent races, and … distribution of patent races by technology, evidence for strategic delay of innovation by incumbent firms, and evidence that patent …

This article uses the FTC's October 2003 white paper on the U.S. patent system as the point of departure for a plenary … system's two most fundamental economic questions: (1) what things are patentable, and (2) what a patent protects. In each … case it demonstrates, by detailed reference to current U.S. patent law, how far the U.S. system is from providing clear …

This article assesses the impact in the US of adopting a patent post-grant review (PGR) procedure similar to one … counterparts to find that opposition rates are about three times higher among European Patent Office (EPO) equivalents of US …

criteria of novelty or non-obviousness. In recent decades, many jurisdictions introduced patent reforms to avoid weak patent … applications and improve legal patent quality. In particular, the Leahy-Smith America Invents Act (AIA), enacted into law in 2011 … any third party to question granted patents, possibly leading to patent revocation or scope reduction. This paper aims to …

Patent litigation is widely regarded as one of the most complex types of civil litigation, with costs often totaling … millions of dollars and typical case durations stretching for years. Also, the burdens of patent case complexity land on both … “priced out” from enforcing their rights. Yet, the complexity of patent cases is sparsely understood as an empirical matter …

patent claim construction decisions by the U.S. district courts. Because claim construction often determines the outcome of … patent litigation, the high appellate claim construction reversal rate contributes to significant uncertainty among inventors … patent judges so as to reduce this unacceptably high reversal rate. This article concludes that designation of specialist …

This paper assesses the impact of adopting a post-grant review institution in the US patent system by comparing the … 'opposition careers' of European Patent Office (EPO) equivalents of litigated US patents to those of a control group of EPO … employing these different methods in our data analysis. We find that EPO equivalents of US litigated patent applications are …