We analyze the extent to which private defensive litigation insurance deters patent assertion by non …-practicing entities (NPEs). We study the effect that a patent-specific defensive insurance product, offered by a leading litigation … defensive litigation insurance on the behavior of patent enforcers and accused infringers. We show that the availability of …

contracting decreases the settlement rate and increases the volume and costs of litigation. These contingent contracts mimic the … services provided by third-party investors, including litigation funders and insurance companies. The two litigants (weakly … transaction-cost free. However, contracting with third parties further decreases the settlement rate, increases the volume and …

This paper studies how litigation and settlement behavior is affected by agents motivated by spiteful preferences under … settlement requests are higher for more spiteful participants. The relative increase in litigation expenditures due to spite is … the American and the English fee-shifting rule. We conduct an experiment and find that litigation expenditures and …

. Fourth, we treat the subject of civil litigation, that is, the bringing of lawsuits, and their settlement or disposition at …-bearing and insurance, and the costs of the liability system. Second, we consider property law, where we address the nature and … additional topics relating to litigation. Fifth, we consider public enforcement of law, focusing on the level of law enforcement …

licensing negotiations between a patent holder and a downstream firm in the shadow of litigation. More specifically, we consider … litigation, but the patent holder may be under-compensated due to aspects of the patent remedy system other than injunctions. We …

This paper studies the combined effects of legal fees and legal expenses insurance. We use a litigation model to … compare litigants' settlement decisions under a before-the-event insurance plus an hourly fee contract (BTE) and an after … trials, and welfare. We also investigate risk aversion, insurance recoverability and the timing of settlement in extensions …

asymmetric information can use a simple add-on to the settlement offer in order to overcome the information barriers to … settlement proposal is rejected and a trial takes place) in exchange for a payment from the other party. We refer to this class …

When liability insurance carries a limit that is smaller than the potential claim of a third party plaintiff, the … insurer and the insured can have a conflict of interest as to settlement. The majority of jurisdictions in the United States … impose upon insurers a duty to ignore liability limits when considering a settlement offer, and do not place limits on an …