The Economic Analysis Of Patent Litigation Data
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| Author | : World Intellectual Property Organization |
| Publisher | : WIPO |
| Total Pages | : 44 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : |
Enforceability of patent rights is the backbone of the patent system. We review differences in the way patent litigation systems are designed across jurisdictions. We also discuss challenges in collecting and accessing patent litigation data as well as their economic analysis. We provide some descriptive analysis of patent litigation in the U.S. and UK for the period 2010-2016 and 2007-2013, respectively. We also analyze administrative post-grant validity challenges in form of the inter partes review in the U.S. and oppositions at the EPO.
| Author | : Richard F. Cauley |
| Publisher | : OUP USA |
| Total Pages | : 0 |
| Release | : 2011-08-25 |
| Genre | : Law |
| ISBN | : 9780199767564 |
Winning the Patent Damages Case serves as a guide to patent litigators and in-house counsel who are either considering an action for patent infringement or who are facing the spectre of a lengthy, expensive litigation. It offers readers an analytical framework for determining the likely damages award in a patent case, which is critical to the decision of whether to settle the case and for how much. It provides valuable information on how to structure the patent case from the outset and assists accused infringers in how to prepare a "shadow" damages case that may result in a much more reasonable damages award in the event of a loss. Finally, the book provides practical suggestions on how to select and work with a damages expert. The second edition discusses the Federal Circuit's decision in Lucent v. Gateway on the entire market rule and damages allocation, as well as subsequent decisions which have employed its reasoning. Other new developments include whether plaintiffs can use licenses obtained in litigation to prove an "established royalty" under the Georgia-Pacific factor No.1; and courts awarding ongoing royalties instead of imposing injunctions.
| Author | : Travis J. Lybbert |
| Publisher | : WIPO |
| Total Pages | : 32 |
| Release | : |
| Genre | : Law |
| ISBN | : |
In this paper, the authors describe and explore a new algorithmic approach to constructing concordances between the International Patent Classification (IPC) system and industry classification systems that organize economic data. This ‘Algorithmic Links with Probabilities’ (ALP) approach incorporates text analysis software and keyword extraction programs and applies them to a comprehensive patent dataset. The authors conclude with a discussion on some of the possible applications of the concordance and provide a sample analysis that uses their preferred ALP concordance to analyze international patent flows based on trade patterns.
| Author | : National Research Council |
| Publisher | : National Academies Press |
| Total Pages | : 352 |
| Release | : 2003-08-11 |
| Genre | : Political Science |
| ISBN | : 0309167183 |
This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.
| Author | : |
| Publisher | : DIANE Publishing |
| Total Pages | : 129 |
| Release | : 2002 |
| Genre | : |
| ISBN | : 1428951938 |
| Author | : Douglas Clark |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 313 |
| Release | : 2011-08-25 |
| Genre | : Law |
| ISBN | : 0199730253 |
In Patent Litigation in China, Douglas Clark provides U.S. and other non-Chinese practitioners with an overview of the patent litigation system in China and with strategic commentary to ensure better decision-making by those responsible for bringing or defending patent actions in China.
| Author | : James Bessen |
| Publisher | : Princeton University Press |
| Total Pages | : 346 |
| Release | : 2009-08-03 |
| Genre | : Law |
| ISBN | : 1400828694 |
In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.
| Author | : D. Daniel Sokol |
| Publisher | : Cambridge University Press |
| Total Pages | : 326 |
| Release | : 2017-01-26 |
| Genre | : Law |
| ISBN | : 1316861902 |
Patent assertion entities (commonly known as 'patent trolls') hurt competition and innovation. This book, the first to analyze the most salient issues related to patent assertion entities around the world, integrates economic theory with economic and legal reality to examine how the entities function and their impact on competition. It also offers legal and policy solutions that might be used to combat them. Edited by D. Daniel Sokol, the volume collects chapters from an array of leading scholars who describe patent assertion entities in the United States, Europe, Korea, Taiwan, Japan, and China, while offering empirical accounts of the entities' economic consequences and their use of litigation as a means of legal extortion against many of the most innovative companies in the world, from startups to multinationals. It should be read by anyone interested in how patent assertion entities operate and how they might be stopped.
| Author | : Ben Depoorter |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 1441 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 1789903998 |
Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
| Author | : Federico Munari |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 393 |
| Release | : 2011-10-01 |
| Genre | : Law |
| ISBN | : 0857936514 |
This book fills an important gap in the literature and will be very useful both to students of intellectual property and practitioners confronted by the problem of valuing their patent portfolios. An excellent overview of an evolving and challenging area, it provides the necessary background to thinking about the problem of valuation and describes all the major methods in use, including the real options approach. Bronywn H. Hall, University of California, Berkeley, US In depth knowledge and scientific approach are used to improve patent valuation techniques. . . a dream book for both researchers and practitioners interested in identifying the value of creative minds. Bruno van Pottelsberghe, Solvay Brussels School of Economics and Management, ULB, Belgium The Economic Valuation of Patents provides an original and essential analysis of patent valuation, presenting the main methodologies to value patents in different contexts. Starting with an analysis of the relevance of patent valuation from a strategic, economic and legal perspective, the book undertakes a thorough review of the existing financial and qualitative valuation methodologies. The contributing authors, IP experts from academia and business, discuss the application of valuation issues in various contexts such as patent portfolio management, licensing agreements, IP litigation, IP-backed finance and accounting. For each topic, an introductory theoretical background is provided and specific application contexts are then investigated. This multidisciplinary book bridges theory and practice in a unique and novel way that will be appreciated by graduate students, scholars and practitioners alike.
