We analyze the extent to which private defensive litigation insurance deters patent assertion by non …-practicing entities (NPEs). We study the effect that a patent-specific defensive insurance product, offered by a leading litigation … defensive litigation insurance on the behavior of patent enforcers and accused infringers. We show that the availability of …

contracting decreases the settlement rate and increases the volume and costs of litigation. These contingent contracts mimic the … services provided by third-party investors, including litigation funders and insurance companies. The two litigants (weakly … transaction-cost free. However, contracting with third parties further decreases the settlement rate, increases the volume and …

A settlement is an agreement between parties to a dispute. In everyday parlance and in academic scholarship, settlement … winner and announces a score. The “trial versus settlement” trope, however, represents a false choice; viewing settlement … and often does work. In this article, we describe and defend a much richer concept of settlement, amounting in effect to a …

We consider a model of a single defendant and N plaintiffs where the total cost of litigation is fixed on the part of …-it-or-leave-it settlement offers, we can show that they will actually be exploited by one of their fellow plaintiffs rather than by the … defendant. Moreover, if litigation is a public good as is the case in shareholder derivative suits, parties may fail to reach a …

exist any verifiable performance signal. It is shown that ex-post litigation can restore incentives of the agent. Moreover …, when the litigation can be settled by the parties the pure threat of using the legal system may suffice to make the … situations where the agent is protected by limited liability, where the parties have different technologies in the litigation …

study how the timing of settlement is shaped by the stages and features of the litigation process. Using competing risk …Although an overwhelming proportion of all legal disputes end in settlement, the determinants of the timing of … settlement remain empirically underexplored. We draw on a novel dataset on the duration of commercial disputes in Slovenia to …

This paper studies how litigation and settlement behavior is affected by agents motivated by spiteful preferences under … settlement requests are higher for more spiteful participants. The relative increase in litigation expenditures due to spite is … the American and the English fee-shifting rule. We conduct an experiment and find that litigation expenditures and …

We compare patent litigation cases across four European jurisdictions – Germany, France, the Netherlands, and the UK … considerable number of patents are litigated in multiple jurisdictions, but the majority of patents are subject to litigation only …