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 …

The America Invents Act of 2011 (“AIA”) created a robust administrative system—the Patent Trial and Appeal Board (“PTAB …”)—for challenging the validity of granted patents. Congress determined that administrative correction of errors made in initial patent … grants could be cheaper and more scientifically accurate than district court litigation over patent validity.In terms of …

handle patent cases in the federal courts, focusing on appellate litigation at the Federal Circuit and the Supreme Court …. Drawing on two original datasets, the article finds that, over the past decade, 87.4% of oral arguments in patent appeals at …, more than 90% of arguments in Supreme Court patent cases have been delivered by male attorneys. The typical explanation for …

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 …

patent disputes: a “pure ex ante” approach, under which a court reconstructs the hypothetical bargain the parties would have … first approach avoids patent holdup — basing the royalty partly on the infringer's sunk costs — but cannot easily explain …, but it also enables the patentee to capture some of the patent's ex post holdup value. In this Article, we show that a …

defending against patent litigation by rivals. War chests of cash can make firms more formidable targets, reducing rivals …