Although patent litigation has become increasingly global, with litigants earning billion-dollar verdicts and seeking … litigants are increasingly drawn, and to which policy makers interested in harmonizing the U.S. patent system look in vain for … database including nearly 9,000 patent suits from seven of the largest and most judicially-active countries in the European …

Patent litigation is often called the “sport of kings.” While that phrase may not be appropriate for all patent … patent claims and even pile on unnecessary patents. Some of these claims may be well-founded. But so long as they can make a … colorable infringement argument, patentees typically include many weaker claims too. Likewise, patent defendants respond with …

Patent Office power has grown immensely in this decade, and the agency is wielding its power in predictably troubling … action. However, this story of Patent Office ascendancy differs from that of other agencies in two important respects. One is … that the U.S. patent system still remains primarily a means for allocating property rights, not a comprehensive regime of …

Administrative patent revocation in the U.S. is poised to enter a new period of efficiency, though ironically it will … constitutionality of Patent Trial and Appeal Board ("PTAB") proceedings was blunted by the Court’s accompanying rejection of partial … institution. This Patent Office practice of accepting and denying validity review petitions piecemeal had been a key part of the …

examination characteristics to understand the resulting patent rights. By controlling (at least in part) for patent value, the … estimation strategy has implications for the degree to which patent examination characteristics are correlated with uncertainty …

How does patent enforcement affect subsequent innovation? I exploit patent infringement litigation in the United States … to analyze the effect of patent enforcement on cumulative innovation. The results imply that subsequent innovation … patent and reductions in asymmetric information are particular driver of the increase in follow-on innovation. Although there …

The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system … which is currently existing in Germany. To answer this question three essential characteristics of the current German patent … injunctive relief provided by German patent law, and the so-called ‘injunction gap’ as a result of bifurcating infringement and …

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 …