In recent years, juries in some patent infringement suits have awarded prevailing patentees "reasonable royalty … that a rational system for awarding reasonable royalties for patent infringement would be premised on four related … various practices relating to the calculation of patent damages. Other voices, not surprisingly, have either defended the …

This paper describes a data set built to analyze patent litigation in the United States during 1929-2006. The data … include all patents in published district court and appellate court decisions in which validity and/or infringement are at … issue. We collect numerous patent-specific variables and litigation-specific variables for these patents. The data also …

We build a model of innovation and patent adjudication under two forms of uncertainty; uncertainty regarding whether …'s product should be barred (infringement). We find that when it is practical to increase the rewards from innovation by … extending patent length, the standards of proof for non-obviousness should be high. The intuition for this is that patent length …

Recent patent policy emphasizes the superiority of ex ante licensing over ex post patent assertion. Ex ante means … before costs are sunk by a patent defendant, so licensing at this stage avoids the leveraging of a defendant’s investments in … good, ex post bad) this Article defends patent litigation as a reasonable way to award compensation in the ex post (i …

The current approach for determining when courts should award injunctions in patent disputes involves a myopic focus on … sometimes could rely instead on a consideration far more relevant to the patent system's goal of promoting innovation: the …. v. FireFly Equipment, LLC, which held that injunctive relief may be appropriate when a defendant infringes a patent that …

new technology or the infringement of patent is delayed. From the perspective of implications on patent system, the model …We propose a model that integrates a series of events regarding patent rights based on real option framework. After the … incumbent has acquired a patent, it can be infringed by the challenger, and the conflict between them can be resolved via …

portfolio theory of patent value. Further, this paper shows that, under reasonable conditions applying to the current form of …Patent assertion entity litigation is increasingly being viewed as a pathological condition of the patent system. The … patent litigation in the United States, a PAE asserting a portfolio of patents having some nexus to the accused target …