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Preliminary Injunctive Relief: Theory and Evidence from Patent Litigation

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Author Info
Jean O. Lanjouw
Josh Lerner

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Abstract

This paper examines the suggestion that established plaintiffs request preliminary injunctions to engage in predation against less financially healthy firms. We first present a model in which differences in litigation costs drive the use of preliminary injunctions in civil litigation. The hypothesis is tested using a sample of 252 patent suits, which allows us to characterize the litigating parties while controlling for the nature of the dispute. The evidence is consistent with the predation hypothesis. We then explore various implications of the model and the impact of policy reforms.

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Paper provided by National Bureau of Economic Research, Inc in its series NBER Working Papers with number 5689.

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Date of creation: Jul 1996
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Handle: RePEc:nbr:nberwo:5689

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References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
  1. Barry Nalebuff, 1987. "Credible Pretrial Negotiation," RAND Journal of Economics, The RAND Corporation, vol. 18(2), pages 198-210, Summer. [Downloadable!] (restricted)
  2. R. Glenn Hubbard, 1997. "Capital-Market Imperfections and Investment," NBER Working Papers 5996, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
    Other versions:
  3. Kathryn E. Spier, 1994. "Pretrial Bargaining and the Design of Fee-Shifting Rules," RAND Journal of Economics, The RAND Corporation, vol. 25(2), pages 197-214, Summer. [Downloadable!] (restricted)
  4. Kreps, David M. & Milgrom, Paul & Roberts, John & Wilson, Robert, 1982. "Rational cooperation in the finitely repeated prisoners' dilemma," Journal of Economic Theory, Elsevier, vol. 27(2), pages 245-252, August. [Downloadable!] (restricted)
  5. Pashigian, B Peter, 1982. "A Theory of Prevention and Legal Defense with an Application to the Legal Costs of Companies," Journal of Law & Economics, University of Chicago Press, vol. 25(2), pages 247-70, October.
  6. Mansfield, Edwin & Schwartz, Mark & Wagner, Samuel, 1981. "Imitation Costs and Patents: An Empirical Study," Economic Journal, Royal Economic Society, vol. 91(364), pages 907-18, December. [Downloadable!] (restricted)
  7. Fournier, Gary M & Zuehlke, Thomas W, 1989. "Litigation and Settlement: An Empirical Approach," The Review of Economics and Statistics, MIT Press, vol. 71(2), pages 189-95, May. [Downloadable!] (restricted)
  8. Lucian Arye Bebchuk & Howard F. Chang, 2000. "The Effect of Offer-of-Settlement Rules on the Terms of Settlement," NBER Working Papers 6509, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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  9. Klemperer, Paul, 1990. "How Broad Should the Scope of Patent Protection Be?," CEPR Discussion Papers 392, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
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  10. M. Ishaq Nadiri, 1993. "Innovations and Technological Spillovers," NBER Working Papers 4423, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  11. Pashigian, B Peter, 1984. "The Effect of Environmental Regulation on Optimal Plant Size and Factor Shares," Journal of Law & Economics, University of Chicago Press, vol. 27(1), pages 1-28, April.
  12. Ang, James S & Chua, Jess H & McConnell, John J, 1982. " The Administrative Costs of Corporate Bankruptcy: A Note," Journal of Finance, American Finance Association, vol. 37(1), pages 219-26, March. [Downloadable!] (restricted)
  13. Nadiri, M.I., 1993. "Innovations and Technological Spillovers," Working Papers 93-31, C.V. Starr Center for Applied Economics, New York University. [Downloadable!]
  14. Cooter, Robert D & Rubinfeld, Daniel L, 1989. "Economic Analysis of Legal Disputes and Their Resolution," Journal of Economic Literature, American Economic Association, vol. 27(3), pages 1067-97, September. [Downloadable!] (restricted)
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Cited by:
(explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)

  1. Christine Greenhalgh & Padraig Dixon, 2002. "The Economics of Intellectual Property: A Review to Identify Themes for Future Research," Economics Series Working Papers 135, University of Oxford, Department of Economics. [Downloadable!]
    Other versions:
  2. Bronwyn H. Hall & Rose Marie Ham, 2000. "The Patent Paradox Revisited: Determinants of Patenting in the US Semiconductor Industry, 1980-94," Development and Comp Systems 9912001, EconWPA. [Downloadable!]
    Other versions:
  3. Stuart J. H. Graham & Bronwyn H. Hall & Dietmar Harhoff & David C. Mowery, 2003. "Post-Issue Patent "Quality Control": A Comparative Study of US Patent Re-examinations and European Patent Oppositions," Industrial Organization 0303009, EconWPA. [Downloadable!]
    Other versions:
  4. Lanjouw, Jenny & Schankerman, Mark, 1998. "Patent Suits: Do They Distort Research Incentives?," CEPR Discussion Papers 2042, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
  5. Mark Schankerman and Suzanne Scotchmer., 2000. "Damages and Injunctions in Protecting Proprietary Research Tools," Economics Working Papers E00-288, University of California at Berkeley. [Downloadable!]
    Other versions:
  6. Jean O. Lanjouw & Mark Schankerman, 1997. "Stylized Facts of Patent Litigation: Value, Scope and Ownership," NBER Working Papers 6297, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  7. Mark Schankerman & Suzanne Scotchmer, 2000. "Damages and Injunctions in Protecting Proprietary Research Tools," Department of Economics, Working Paper Series 1026, Department of Economics, Institute for Business and Economic Research, UC Berkeley. [Downloadable!]
  8. Jean O Lanjouw & Josh Lerner, 2004. "The Enforcement of Intellectual Property Rights: A Survey of the Literature," Levine's Working Paper Archive 122247000000000486, David K. Levine. [Downloadable!]
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