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 …

We contribute to the economic literature on patent litigation by taking a new perspective. In the past, scholars mostly … focused on specific litigation cases at the patent level and related technological characteristics to the event of litigation … supplemental information on IP litigation and patent portfolios. The rich survey information regarding firms’ general innovation …

for equitable relief in patent cases and to nullify the long-standing presumption that victims of infringement are always … entitled to permanent injunctions, an obvious point is never pursued: Injunctions in patent cases can function like punitive … sufficiently high, patent "hold up" will occur, whereby the patentee will be able to negotiate a post-injunction license that …

Patent law’s infringement doctrines, commonly understood to be simply rules of liability, are in fact search rules as … well. Patent liability rules determine not only who will be responsible for what conduct, but also when patent holders and … normal circumstances, patent law’s liability rules generate approximately optimal investments in search as both patent …

This paper explores the case law tension surrounding antitrust liability for refusals to deal in patented goods …

This Article challenges the dogma of U.S. patent law that direct infringement is a strict liability tort. Impermissibly … practicing a patented invention does create liability even if the infringer did not intend to infringe or know about the patent … necessary. However, patent law currently takes no position on tortious intent. The strict liability view is merely a default …

I propose a partial defense of patent law’s absolute liability rule. This rule makes it irrelevant whether an …. Potential patent infringement defendants – a class that includes virtually all people and companies performing research and … copying, thereby reducing the risk of legal liability. That would be bad. Technological communities thrive on ubiquitous and …