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This paper looks at the decision to settle patent litigation in Germany from a new angle by focusing on detailed data … all patent litigation cases in Germany between 2000 and 2008 we estimate the likelihood of within-trial settlement. We …. Additionally, firm-specific stakes as measured by the relation of the involved parties to the disputed patent as well as firm …
Persistent link: https://www.econbiz.de/10013036139
Involvement in patent litigation creates substantial direct and indirect costs for firms. We present evidence that … pairs of firms involved in patent litigation are more evenly-matched in financial profiles than pairs of firms not involved … in litigation. We take advantage of a novel, hand-collected data set that combines data on observed instances of patent …
Persistent link: https://www.econbiz.de/10013036737
Forum shopping is widespread in patent litigation because there are clear differences in outcomes among the various … transfer is denied? The dataset consists of patent infringement cases filed from 2006-2008 where a transfer motion was also … patent litigants to give a richer context to the debate over forum shopping in general and serve as a basis for further …
Persistent link: https://www.econbiz.de/10013037232
In a set of two studies , I determine: (1) which examiners are sending patents to litigation and, of those, (2) which examiners are sending invalidated patents to litigation. Together, these studies determine what conditions might predict the likelihood of an examiner’s patents getting...
Persistent link: https://www.econbiz.de/10013212049
. Accordingly, for this valuable subset of patents, it is paramount that the Patent & Trademark Office (PTO) correctly issue valid …, reporting the results for every Orange Book patent case that resulted in a merits decision. We find that about 25% of active …. Most litigated patents (90%) are “secondary” patents – patents on smaller tweaks to an existing drug rather than a patent …
Persistent link: https://www.econbiz.de/10013214907
and engineers than either large businesses or universities. In spite of these facts, recent reform in the patent system … supporting small business; the changes to the patent system under the Leahy-Smith America Invents Act have had unintended … consequences. There is a significant body of literature discussing the negative effects of patent reform on small business and …
Persistent link: https://www.econbiz.de/10013243580
Patent and false advertising damage awards are in disarray. Courts are imposing astronomically inflated awards that … the value of these elements. Doctrinally, patent damages seek to compensate parties only for the value of the patented …
Persistent link: https://www.econbiz.de/10013244035
When a company is asserting IP, e.g., a patent, they are following a strategy that suits their position not only as … also has the opportunity to influence the course of the proceedings in great detail. A carefully devised patent litigation … discuss strategic possibilities and positions related to patent litigation …
Persistent link: https://www.econbiz.de/10013244150
We propose a model of patent litigation where a potential competitor - the Entrant - can challenge a patent with and … is used to finance patent litigation, i.e. where the Entrant would not have challenged the patent's validity, had she not … been able to enter the market. This space increases in the Entrant's litigation costs, but decreases in the Patent Holder …
Persistent link: https://www.econbiz.de/10013246827
other with probabilistic success. The market structure results from stochastic innovation and patent litigation. Depending … the case of symmetric and asymmetric patent portfolios …
Persistent link: https://www.econbiz.de/10012751493