% of all patent litigation cases in Germany between 2000 and 2008 we estimate the likelihood of within-trial settlement. We …This paper looks at the decision to settle patent litigation in Germany from a new angle by focusing on detailed data … find that the within-trial settlement decision is to some degree driven by the proceedings that change the pre …

. 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 …

develop a model of patentlitigation which predicts faster settlement agreements when patent rights are fragmented andwhen …, we analyze how fragmentation affects total settlement delay, taking intoaccount both reduction in duration per dispute …

twofold: First, it establishes a workhorse model of settlement and litigation in the shadow of appeals which may be used in … future research to analyze specific issues of litigation and legal reform. Second, the importance of including the … possibility of appeals in the litigation model is highlighted by an example in which some results contradict the immediate …

This paper presents a strategic model of incentives for care and litigation under asymmetric information and self …

This paper presents a strategic model of incentives for care and litigation under asymmetric information and self …

We model the settlement of a legal dispute when the trial outcome depends on the behavior of a strategically motivated … informed plaintiff. If the parties cannot agree on a settlement and the case goes to trial, the judge decides how much effort … occurs. We also show that the judge prefers the low effort equilibria with high settlement rate and argue that a “managerial …

of the costs of pursuing the punitive claim), which promotes unnecessary litigation, the escalation of liability … insurance premiums and over-deterrence. In an attempt to overcome these negative effects, several US states have implemented … the state. Our paper presents a strategic model of litigation under a negligence rule. We extend Spier's (1997 …

normalized to one. The defendant knows whether she is liable or not, but the plaintiff does not. We ask what are the settlement … procedure and fee-shifting rule (which, together, we call a mechanism) that minimize the rate of litigation subject to … maintaining deterrence. Two main results are presented. The ?rst is a characterization of an upper bound on the rate of settlement …

, plaintiffs are more willing to accept lower settlement offers and therefore, the firm's expected litigation loss is lowered under …In an attempt to reduce the liability insurance costs of firms, several US states have implemented many different kinds … this statute. It is important to note, however, that the reduction in the firm's expected litigation loss will affect its …