In this study, we use carefully constructed matched samples of litigated and non-litigated patents to investigate the characteristics that predict litigation. We define different control groups based on filing characteristics and value correlates (or both), and test the extent to which...

This article empirically studies current claims that patent assertion entities (PAEs), sometimes referred to as ‘patent trolls' or non-practicing entities (NPEs), behave badly in litigation by bringing frivolous patent infringement suits and seeking nuisance fee settlements. The study explores...

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,...

The creation of the U.S. Court of Appeals for the Federal Circuit (CAFC) is generally regarded as an improvement in the system of patent adjudication in the United States. There is, however, considerable support for the creation of a specialized patent trial court based on the argument that we...

The role of individual inventors, small firms and entrepreneurs in the patent courts has become controversial for two, somewhat contradictory reasons. First, there is the view that small parties may be at a serious disadvantage in the courts since they do not have the financial resources to...