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. We develop a model of patent litigation which predicts faster settlement agreements when patent rights are fragmented and … predicts that the impact of fragmentation on settlement duration should be smaller under CAFC. We confirm these predictions …-2000. Finally, we analyze how fragmentation affects total settlement delay, taking into account both reduction in duration per …
Persistent link: https://www.econbiz.de/10005656440
Cumulative innovation is central to economic growth. Do patent rights facilitate or impede such follow-on innovation? This paper studies the effect of removing patent protection through court invalidation on the subsequent research related to the focal patent, as measured by later citations. We...
Persistent link: https://www.econbiz.de/10011084087
Victims want to collect damages from injurers. Cases differ with respect to the judgment. Attorneys observe the expected judgment, clients do not. Victims need an attorney to sue; defense attorneys reduce the probability that the plaintiff prevails. Plaintiffs' attorneys offer contingent fees...
Persistent link: https://www.econbiz.de/10011084598
This paper assesses the impact of adopting a post-grant review institution in the US patent system by comparing the “opposition careers” of European Patent Office (EPO) equivalents of litigated US patents to those of a control group of EPO patents. We demonstrate several novel methods of...
Persistent link: https://www.econbiz.de/10005666881
patent and litigation system. …
Persistent link: https://www.econbiz.de/10005791233
This is a preliminary draft of an Invited Symposium paper for the World Congress of the Econometric Society to be held in Seattle in August 2000. We discuss the strong connections between auction theory and 'standard' economic theory, and argue that auction-theoretic tools and intuitions can...
Persistent link: https://www.econbiz.de/10005792157
This paper shows that the process of enforcing patent rights both dilutes and distorts Research and Development (R&D) incentives. We examine the characteristics of litigated patents by combining, for the first time, information about patent case filings from the US district courts with detailed...
Persistent link: https://www.econbiz.de/10005124091
transactions should increase litigation risk. We identify a new source of gains from trade, comparative advantage in patent … enforcement, and show that transactions driven by this motive should reduce litigation. Using data on trade and litigation of … effect of trade on litigation. We find that taxes strongly affect patent transactions, and that reallocation of patent rights …
Persistent link: https://www.econbiz.de/10009322505
rely on the attorney’s recommendation. We show that under contingent fees there will generally be excessive litigation. In … contrast, an hourly fee implements the efficient amount of litigation. …
Persistent link: https://www.econbiz.de/10005114498
dollar. In this paper a bargaining approach is used to explain both the settlement and the delay. We conclude that the agreed … swap broadly corresponds to a bargaining outcome where the Argentine government had 'first mover' advantage, and that a … substantial delay occurred as negotiators seeking a sustainable settlement waited for economic recovery. Factors not explicit in …
Persistent link: https://www.econbiz.de/10005504331