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Post-grant validity challenges at patent offices rely on the private initiative of third parties to correct mistakes made by patent offices. We hypothesize that incentives to bring post-grant validity challenges are reduced when many firms benefit from revocation of a patent and when firms are...
Persistent link: https://www.econbiz.de/10010352087
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...
Persistent link: https://www.econbiz.de/10014165153
In England and Wales legal procedures with regard to patents are said to be both lengthy and costly. Nonetheless, at present there is little factual empirical evidence on procedural and costs issues in the UK. This makes it difficult to comprehend the state of patent litigation within the wider...
Persistent link: https://www.econbiz.de/10014140845
We analyze the impact of the probabilistic nature of patents on the functioning of Germany’s bifurcated patent litigation system where infringement and validity of a patent are decided independently by different courts. We show that bifurcation creates situations in which a patent is held...
Persistent link: https://www.econbiz.de/10014141902
We compare patent litigation cases across four European jurisdictions – Germany, France, the Netherlands, and the UK – covering cases filed during the period 2000-2008. For our analysis, we assemble a new dataset that contains detailed information at the case, litigant, and patent level for...
Persistent link: https://www.econbiz.de/10013075267
We analyze the impact of the probabilistic nature of patents on the functioning of Germany’s bifurcated patent litigation system where infringement and validity of a patent are decided independently by different courts. We show that bifurcation creates situations in which a patent is held...
Persistent link: https://www.econbiz.de/10010416329
Persistent link: https://www.econbiz.de/10011800224
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...
Persistent link: https://www.econbiz.de/10013323127
Persistent link: https://www.econbiz.de/10012219776
Persistent link: https://www.econbiz.de/10012317186