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Settlement during patent litigation trials. An empirical analysis for Germany

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  • Katrin Cremers

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  • Katrin Cremers, 2009. "Settlement during patent litigation trials. An empirical analysis for Germany," The Journal of Technology Transfer, Springer, vol. 34(2), pages 182-195, April.
  • Handle: RePEc:kap:jtecht:v:34:y:2009:i:2:p:182-195
    DOI: 10.1007/s10961-007-9066-7
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    References listed on IDEAS

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    1. Lanjouw, Jean O & Schankerman, Mark, 2001. "Characteristics of Patent Litigation: A Window on Competition," RAND Journal of Economics, The RAND Corporation, vol. 32(1), pages 129-151, Spring.
    2. Harhoff, Dietmar & Reitzig, Markus, 2004. "Determinants of opposition against EPO patent grants--the case of biotechnology and pharmaceuticals," International Journal of Industrial Organization, Elsevier, vol. 22(4), pages 443-480, April.
    3. George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
    4. Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn.
    5. Deepak Somaya, 2003. "Strategic determinants of decisions not to settle patent litigation," Strategic Management Journal, Wiley Blackwell, vol. 24(1), pages 17-38, January.
    6. Michael J. Meurer, 1989. "The Settlement of Patent Litigation," RAND Journal of Economics, The RAND Corporation, vol. 20(1), pages 77-91, Spring.
    7. Lanjouw, Jean O & Schankerman, Mark, 2004. "Protecting Intellectual Property Rights: Are Small Firms Handicapped?," Journal of Law and Economics, University of Chicago Press, vol. 47(1), pages 45-74, April.
    8. Cremers, Katrin, 2004. "Determinants of Patent Litigation in Germany," ZEW Discussion Papers 04-72, ZEW - Leibniz Centre for European Economic Research.
    9. James Bessen & Michael J. Meurer, 2005. "The Patent Litigation Explosion," Working Papers 0501, Research on Innovation.
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    Citations

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    Cited by:

    1. Su, Hsin-Ning, 2017. "Collaborative and Legal Dynamics of International R&D- Evolving Patterns in East Asia," Technological Forecasting and Social Change, Elsevier, vol. 117(C), pages 217-227.
    2. Dirk Czarnitzki & Kristof Van Criekingen, 2018. "New evidence on determinants of IP litigation: A market-based approach," Working Papers of Department of Management, Strategy and Innovation, Leuven 621964, KU Leuven, Faculty of Economics and Business (FEB), Department of Management, Strategy and Innovation, Leuven.
    3. Lee, Pei-Chun & Su, Hsin-Ning, 2014. "How to forecast cross-border patent infringement? — The case of U.S. international trade," Technological Forecasting and Social Change, Elsevier, vol. 86(C), pages 125-131.
    4. Way-Ren Huang & Chia-Jen Hsieh & Ke-Chiun Chang & Yen-Jo Kiang & Chien-Chung Yuan & Woei-Chyn Chu, 2017. "Network characteristics and patent value—Evidence from the Light-Emitting Diode industry," PLOS ONE, Public Library of Science, vol. 12(8), pages 1-14, August.
    5. Kyung Seo & Yeonbae Kim & Kyunam Kim, 2022. "Strategic and economic behavior of a sued company in patent litigation," Managerial and Decision Economics, John Wiley & Sons, Ltd., vol. 43(8), pages 4124-4138, December.
    6. Grimpe, Christoph & Hussinger, Katrin, 2008. "Building and Blocking: The Two Faces of Technology Acquisition," ZEW Discussion Papers 08-042, ZEW - Leibniz Centre for European Economic Research.
    7. Kimberlee Weatherall & Elizabeth Webster, 2014. "Patent Enforcement: A Review Of The Literature," Journal of Economic Surveys, Wiley Blackwell, vol. 28(2), pages 312-343, April.
    8. Christopher S. Hayter & Jacob H. Rooksby, 2016. "A legal perspective on university technology transfer," The Journal of Technology Transfer, Springer, vol. 41(2), pages 270-289, April.
    9. Hsin-Ning Su & Carey Ming-Li Chen & Pei-Chun Lee, 2012. "Patent litigation precaution method: analyzing characteristics of US litigated and non-litigated patents from 1976 to 2010," Scientometrics, Springer;Akadémiai Kiadó, vol. 92(1), pages 181-195, July.
    10. Katrin Cremers & Paula Schliessler, 2015. "Patent litigation settlement in Germany: why parties settle during trial," European Journal of Law and Economics, Springer, vol. 40(2), pages 185-208, October.
    11. Ming-Fu Wu & Keng-Wei Chang & Wei Zhou & Juan Hao & Chien-Chung Yuan & Ke-Chiun Chang, 2015. "Patent Deployment Strategies and Patent Value in LED Industry," PLOS ONE, Public Library of Science, vol. 10(6), pages 1-10, June.

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    More about this item

    Keywords

    Patent; Infringement; Litigation; Settlement; K41; O34; L14;
    All these keywords.

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
    • L14 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Transactional Relationships; Contracts and Reputation

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