The theory of patent “hold-out” posits that frictions in the market for licensing standard-essential patents (SEPs) provide incentive for prospective licensees to opportunistically delay taking licenses. We derive empirically testable predictions from the literature supporting hold-out...

Calls for the creation of a "small claims" intellectual property court have arisen periodically in the U.S. since at least the late 1980s. While prior efforts to establish such a court have fizzled, a recent push to establish a small claims tribunal within the U.S. Copyright Office is gaining...

Because judges exercise discretion in how they handle and decide cases, heterogeneity across judges can affect case outcomes and, thus, preferences among litigants for particular judges. However, selection obscures the causal mechanisms that drive these preferences. We overcome this challenge by...

Though it lacked a patent system until 1985, China is now the world leader in patent filings and litigation. Despite the meteoric rise of the Chinese patent system, many in the West believe that it acts primarily to facilitate local protectionism rather than innovation. Recent high-profile...

We construct a dataset that contains the complete set of patent cases filed at the courts in England and Wales during the period 2000-2008. The data cover all types of patent-related cases brought before the Patents County Court, the Patents Court at the High Court, the Court of Appeal, as well...