Commentators, public officials, and scholars have sounded alarms over the smartphone patent wars — hundreds of cases … factor, the identity of the enterprise asserting patent rights, already is being used by courts in considering appropriate … patent infringement remedies but its use needs to be refined. The other factor, patent quality — especially in software …

In her Article, The Rise of the End User in Patent Litigation, Professor Bernstein makes the case for legislative and … judicial action designed to protect technology users from abusive patent enforcement that exploits their relative lack of … three years ago but only now emerging as a powerful shield for those accused of patent infringement. My findings suggest …

The use of so-called “pay-for-delay” settlements in patent litigation – in which a branded manufacturer and generic … entrant settle a Paragraph IV patent challenge and agree to forestall entry – has come under considerable scrutiny in recent … settlements we estimate the model using instrumental variables. Our instruments include standard measures of patent strength and a …

The use of “pay-for-delay” settlements in patent litigation – in which a branded manufacturer and generic entrant … settle a Paragraph IV patent challenge and agree to forestall entry – has come under considerable scrutiny in recent years … instruments include standard measures of patent strength and a measure of settlement legality based on a split between several …

We analyze the impact of the probabilistic nature of patents on the functioning of Germany's bifurcated patent … litigation system where infringement and validity of a patent are decided independently by different courts. We show that … bifurcation creates situations in which a patent is held infringed that is subsequently invalidated. Our conservative estimates …

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 …. The study finds significant heterogeneity among different patent holder entity types. Individual inventors, failed …

Patent settlements between rivals restrain competition in many different ways. Antitrust requires that their … anticompetitive effects are reasonably commensurate with the firms’ expectations about (counterfactual) patent litigation. Because …

A model of patent infringement is developed to analyze the relationship between litigation and aspects of the legal … environment such as the probability that the patent is found valid, the size of legal fees and their allocation across agents … this game has a fundamental impact on the value of patent protection to a patentee. This model is then linked to a patent …