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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 …
Persistent link: https://www.econbiz.de/10013038697
Economists, legal scholars and policy makers are concerned about the impact of patent litigation on the rate and … reliable, comprehensive, free and publicly accessible source of patent litigation data. As a first step towards overcoming this … limitation, the Office of the Chief Economist (OCE) at the United States Patent and Trademark Office, in collaboration with the …
Persistent link: https://www.econbiz.de/10012959985
Patent litigation poses a variety of challenges to the envisioned efficiency of trial. Such cases involve a high number …-stakes for the parties involved. These parties (and in particular patent holders) are also encouraged by empirical trends in … patent litigation to both seek jury trials and appeal after a verdict in a lower court. Generally, patent holders experience …
Persistent link: https://www.econbiz.de/10012961922
actually infringing a valid patent or that there is a threat of infringement through the proceeding for litigation on the … the patent was granted. Punitive damages are not awarded. A patentee may rely on one of the following three methods for …
Persistent link: https://www.econbiz.de/10012909089
Patent enforcement in Italy benefits from a wide choice of available relief, both within preliminary proceedings and on …
Persistent link: https://www.econbiz.de/10012909094
) infringement;• A declaration that the defendant and/or the defendant's product infringes the patent• Recall orders • Orders for …) costs of the litigation (including lawyers' fees, and costs of European Patent Attorneys and experts) …
Persistent link: https://www.econbiz.de/10012909097
Under German law, the following main reliefs against the infringer are generally available:• A cease and desist claim.• A compensatory damages claim (no punitive damages are available; the claimant may choose from three different methods for calculating damages, namely own lost profits,...
Persistent link: https://www.econbiz.de/10012909100
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 …
Persistent link: https://www.econbiz.de/10012896957
Healthy organisms inevitably produce cancer cells, and vibrant patent systems inevitably let bad patents slip through … technological practitioners. Postissuance patent review (PIPR) has emerged as an invaluable errorcorrecting mechanism to prevent the … Patent Court Agreement (UPCA). The UPCA enables a lowcost patent revocation action on a broad range of grounds and with a …
Persistent link: https://www.econbiz.de/10012897796
In a patent infringement suit, the alleged infringer wins with a ruling of either patent invalidity or non … patent invalidation may also affect incentives to innovate. We adapt the "innovative industries'' model of Segal and Whinston … (2007) to study patent litigation strategy and rates of innovation. We show that a legal regime where infringement is …
Persistent link: https://www.econbiz.de/10012867796