Professor Colleen Chien recently developed an innovative and important model that relies on a patent's "after-acquired" characteristics to predict the chances that the patent will be involved in litigation. This comment critiques Professor Chien's model by identifying certain weaknesses,...

This article attempts to explain the interplay between open source software licensing and FRAND licensing in both the development of standards and with respect to firms seeking to use both OSS and proprietary software. Tension has risen in particular in the standards context, where those who...

The creation of the U.S. Court of Appeals for the Federal Circuit (CAFC) is generally regarded as an improvement in the system of patent adjudication in the United States. There is, however, considerable support for the creation of a specialized patent trial court based on the argument that we...

The Internet, computing, and telecommunications industries are ripe for a collision between the worlds of intellectual property and standardization. Many technologies in these industries are covered by patents, and some of these patented technologies are essential to standards necessary for...

The purpose of this working paper is to investigate utility patent applications to the US Patent and Trademark Office (PTO) from inventors residing in China. It first focuses on the growth in the numbers of applications, putting this growth in context by comparing it to other important emerging...

We find that the U.S. Supreme Court decision in eBay v. MercExchange has had a significant impact on injunctive relief in patent cases. Our extensive analysis with a significant dataset involving thousands of patent cases both pre- and post-eBay shows that the eBay decision has reduced, rather...

The U.S. Supreme Court’s decision regarding patent-eligible subject matter in Alice Corp. v. CLS Bank has been in effect for more than five years, and it has made a significant impact on inventions involving software, information technology, and the life sciences. There is significant...

The Supreme Court’s 2006 decision on eBay Inc. vs MercExchange LLC (the eBay ruling) marked a turning point in the history of patent enforcement and policy. Almost a decade after the eBay ruling, there is still confusion about the implications and impact of this decision. Such questions still...

Although many developing economies are increasingly impacting the global economy, China’s impact has been the greatest by far. Once hindered from competition by political and economic restrictions, China is now a major economic player. Curiously, China’s increased impact has coincided with...

Currently, there is an important debate about the role of non-practicing entities in patent litigation. People are asking: what are the costs and benefits associated with NPE litigation? Are they too high, too low, or just right? This paper makes two contributions to the discussion. First, we...