Recent studies estimate that the economic impact of U.S. patent litigation may be as large as $80 billion per year and … that the overall rate of U.S. patent litigation has been growing rapidly over the past twenty years. And yet, the … relationship of the macroeconomy to patent litigation rates has never been studied in any rigorous fashion. This lacuna is notable …

Congress “repeatedly stated [that] its paramount goal” in having inter partes review (IPR) before the Patent Trial and … a patent's validity.” Duplicative patent challenges within and across IPRs and district court litigation is the focus of …

Using novel inter-firm patent litigation data, we show that defendant firms become financially constrained, reduce … innovation strategy reflects the patent race motives and hedging demand of defendant firms against future litigation. These real … consequences of patent litigation are evident among firms in similar product markets, indicating significant interplay between …

The progression toward reevaluating patent validity in the administrative, rather than judicial, setting became overtly … substitutionary in the America Invents Act. No longer content to encourage court litigants to rely on Patent Office expertise for … emergent border between court and agency power in the U.S. patent system. By design, the border is not absolute. Concurrent …

The patent system is commonly justified as a way to promote social welfare and, more specifically, technological … progress. For years, however, there has been concern that patent litigation is undermining, rather than furthering, these goals …. Particularly in the United States, the time, cost, and complications of patent suits provide openings for opportunistic assertions …

Patent settlements between rivals restrain competition in many different ways. Antitrust requires them to be … "proportional" in that their anti-competitive effects are commensurate with the firms' expectations about (counterfactual) patent …

The Patent Trial and Appeal Board (PTAB) is a recently-formed division of the Patent Office in which patents can be … relevant patent claims were deemed “reasonably likely” to be invalid.The online appendix may be found at 'http …

The twenty-first century “patent litigation explosion” is not unprecedented. In fact, the nineteenth century saw an … even bigger surge of patent cases. During that era, the most prolific patent enforcers brought hundreds or even thousands … more patent litigation, per U.S. patent in force, than the entire United States in 2013. Even the absolute quantity of late …

We show that examiner-driven variation in patent rights leads to quantitatively large impacts on several patent … outcomes, including patent value, citations, and litigation. Notably, Patent Assertion Entities (PAEs) overwhelmingly purchase … conventional companies, and that also have higher invalidity rates. PAEs leverage a specific friction in the patent system, which …