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Stylized Facts of Patent Litigation: Value, Scope and Ownership

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Author Info
Jean O. Lanjouw
Mark Schankerman
Abstract

This paper investigates the characteristics of litigated patents by combining for the first" time information about patent case filings from the U.S. district courts and detailed data from the" U.S. Patent and Trademark Office. We construct a series of indicators for the factors which the" theoretical literature suggests contribute to litigation: the frequency of disputes asymmetry of stakes, the structure of information, and costs. Compared to a random sample of" U.S. patents from the same cohorts and 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 the subject of a case as corporate patents and" litigation is particularly frequent in new technology areas. We interpret the results with reference" to theoretical models of litigation and settlement and discuss what they suggest about the effect" of patent litigation on the incentives to invest in R&D.

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Paper provided by National Bureau of Economic Research, Inc in its series NBER Working Papers with number 6297.

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Date of creation: Dec 1997
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Handle: RePEc:nbr:nberwo:6297

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Find related papers by JEL classification:
O32 - Economic Development, Technological Change, and Growth - - Technological Change - - - Management of Technological Innovation and R&D
K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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. Ricardo J. Caballero & Adam B. Jaffe, 1993. "How High are the Giants' Shoulders: An Empirical Assessment of Knowledge Spillovers and Creative Destruction in a Model of Economic Growth," NBER Working Papers 4370, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
    Other versions:
  2. 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)
  3. Joshua Lerner, 1994. "The Importance of Patent Scope: An Empirical Analysis," RAND Journal of Economics, The RAND Corporation, vol. 25(2), pages 319-333, Summer. [Downloadable!] (restricted)
  4. Louis Kaplow, 1993. "Shifting Plaintiffs' Fees versus Increasing Damage Awards," RAND Journal of Economics, The RAND Corporation, vol. 24(4), pages 625-630, Winter. [Downloadable!] (restricted)
    Other versions:
  5. Lerner, Josh, 1995. "Patenting in the Shadow of Competitors," Journal of Law & Economics, University of Chicago Press, vol. 38(2), pages 463-95, October.
  6. Waldfogel, Joel, 1998. "Reconciling Asymmetric Information and Divergent Expectations Theories of Litigation," Journal of Law & Economics, University of Chicago Press, vol. 41(2), pages 451-76, October.
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  7. Lucian Arye Bebchuk, 1984. "Litigation and Settlement under Imperfect Information," RAND Journal of Economics, The RAND Corporation, vol. 15(3), pages 404-415, Autumn. [Downloadable!] (restricted)
  8. Manuel Trajtenberg, 1990. "A Penny for Your Quotes: Patent Citations and the Value of Innovations," RAND Journal of Economics, The RAND Corporation, vol. 21(1), pages 172-187, Spring. [Downloadable!] (restricted)
  9. Jean O. Lanjouw & Josh Lerner, 1996. "Preliminary Injunctive Relief: Theory and Evidence from Patent Litigation," NBER Working Papers 5689, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  10. Waterson, Michael, 1990. "The Economics of Product Patents," American Economic Review, American Economic Association, vol. 80(4), pages 860-69, September. [Downloadable!] (restricted)
  11. Waldfogel, Joel, 1995. "The Selection Hypothesis and the Relationship between Trial and Plaintiff Victory," Journal of Political Economy, University of Chicago Press, vol. 103(2), pages 229-60, April. [Downloadable!] (restricted)
    Other versions:
  12. Jean O. Lanjouw & Ariel Pakes & Jonathan Putnam, 1996. "How to Count Patents and Value Intellectual Property: Uses of Patent Renewal and Application Data," NBER Working Papers 5741, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  13. Jean Olson Lanjouw, 1993. "Patent Protection: Of What Value and for How Long?," NBER Working Papers 4475, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  14. Jerry R. Green & Suzanne Scotchmer, 1995. "On the Division of Profit in Sequential Innovation," RAND Journal of Economics, The RAND Corporation, vol. 26(1), pages 20-33, Spring. [Downloadable!] (restricted)
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  15. Wittman, Donald, 1988. "Dispute Resolution, Bargaining, and the Selection of Cases for Trial: A Study of the Generation of Biased and Unbiased Data," Journal of Legal Studies, University of Chicago Press, vol. 17(2), pages 313-52, June.
  16. Hughes, James W & Snyder, Edward A, 1989. "Policy Analysis of Medical Malpractice Reforms: What Can We Learn from Claims Data?," Journal of Business & Economic Statistics, American Statistical Association, vol. 7(4), pages 423-31, October.
  17. 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)
  18. Richard C. Levin & Alvin K. Klevorick & Richard R. Nelson & Sidney G. Winter, 1988. "Appropriating the Returns from Industrial R&D," Cowles Foundation Discussion Papers 862, Cowles Foundation, Yale University. [Downloadable!]
  19. Tarun Khanna & Bharat N. Anand, 1996. "Intellectual Property Rights and Contract Structure," Yale School of Management Working Papers ysm37, Yale School of Management. [Downloadable!]
  20. Scotchmer, Suzanne, 1991. "Standing on the Shoulders of Giants: Cumulative Research and the Patent Law," Journal of Economic Perspectives, American Economic Association, vol. 5(1), pages 29-41, Winter. [Downloadable!] (restricted)
  21. 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)
  22. Suzanne Scotchmer, 1996. "Protecting Early Innovators: Should Second-Generation Products Be Patentable?," RAND Journal of Economics, The RAND Corporation, vol. 27(2), pages 322-331, Summer. [Downloadable!] (restricted)
Full references

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. Mario Calderini & Giuseppe Scellato, 2004. "Intellectual property rights as strategic assets: the case of european patent opposition in the telecommunication industry," CESPRI Working Papers 158, CESPRI, Centre for Research on Innovation and Internationalisation, Universita' Bocconi, Milano, Italy, revised Jul 2004. [Downloadable!]
  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. Lanjouw, Jenny & Schankerman, Mark, 1998. "Patent Suits: Do They Distort Research Incentives?," CEPR Discussion Papers 2042, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
  4. Deng, Yi, 2005. "The Effects of Patent Regime Changes: A Case Study of the European Patent Office," Departmental Working Papers 0512, Southern Methodist University, Department of Economics. [Downloadable!]
    Other versions:
  5. Marco, Alan C., 2005. "Learning by Suing: Structural Estimates of Court Errors in Patent Litigation," Vassar College Department of Economics Working Paper Series 68, Vassar College Department of Economics. [Downloadable!]
  6. Jean O. Lanjouw, 1997. "Title: The Introduction of Pharmaceutical Product Patents in India: Heartless Exploitation of the Poor and Suffering," Working Papers 775, Economic Growth Center, Yale University. [Downloadable!]
  7. Deng, Yi, 2005. "Renewal Study of European Patents: A Three-country Comparison," Departmental Working Papers 0514, Southern Methodist University, Department of Economics. [Downloadable!]
  8. Juha Kilponen & Torsten Santavirta, 2004. "Competition and Innovation - Microeconometric Evidence using Finnish Data," Research Reports 113, Government Institute for Economic Research Finland (VATT). [Downloadable!]
    Other versions:
  9. Jean O. Lanjouw, 1998. "The Introduction of Pharmaceutical Product Patents in India: "Heartless Exploitation of the Poor and Suffering"?," NBER Working Papers 6366, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  10. Deng, Yi, 2006. "Trade Balance of Patent Rights: Who Gains What from International Patent Harmonization, and Why?," Departmental Working Papers 0519, Southern Methodist University, Department of Economics, revised Nov 2006. [Downloadable!]
  11. Jean O Lanjouw, 2003. "The Introduction of Pharmaceutical Product Patents in India: Heartless Exploitation of the Poor and Suffering?," Levine's Working Paper Archive 618897000000000598, David K. Levine. [Downloadable!]
  12. Stuart J Graham, 2004. "Secrecy in the Shadow of Patenting: Firms Use of Continuation Patents, 1975-1994," Levine's Working Paper Archive 228400000000000035, David K. Levine. [Downloadable!]
  13. Deng, Yi, 2005. "A Dynamic Stochastic Analysis of International Patent Application and Renewal Processes," Departmental Working Papers 0515, Southern Methodist University, Department of Economics. [Downloadable!]
    Other versions:
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