London School of Economics and Political Science Research Online (London School of Economics and Political Science) · 1997 · 84 citations · 0 references
LawInnovation ManagementIntellectual Property LawIntellectual PropertyPatent LawPatent LitigationIntellectual Property ProtectionIntellectual Property RightsIntellectual Property StrategyPatent AnalysisPatent StrategyDamages In Patent LitigationInformation Structure ComparisonLitigation Settlement Strategy
The study examines characteristics of litigated patents by integrating U.S. district court filings with USPTO data. The authors construct indicator series for factors such as dispute frequency, asymmetry, stakes, structure, and costs that theory links to litigation.
This paper investigates characteristics litigated patents by combining for first time information about patent case filings from U.S. district courts detailed data from the U.S. Patent Trademark Office. We construct a series indicators for factors which the theoretical literature suggests contribute to litigation: frequency disputes asymmetry stakes, structure information, costs. Compared to a random sample of U.S. patents from same cohorts technology areas, we find that more valuable patents and those with domestic owners are considerably more likely to be involved in litigation. Patents owned by individuals are at least as likely to be subject a case as corporate patents and litigation is particularly frequent in new technology areas. We interpret results with reference to theoretical models litigation settlement discuss what they suggest about effect patent litigation on incentives to invest in R&D.