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The Patent Litigation Explosion

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Author Info

  • James Bessen

    ()
    (Research on Innovation, Boston University School of Law)

  • Michael J. Meurer

Abstract

This paper provides the first look at patent litigation hazards for public firms during the 80s and 90s. Consistent with our model, litigation is more likely when prospective defendants spend more on R&D, when prospective plaintiffs acquire more patents and when firms are larger and technologically close. Public firms face dramatically increased hazards of litigation as plaintiffs and even more rapidly increasing hazards as defendants, especially for small public firms. The increase cannot be explained by patenting rates, R&D, firm value or industry composition. Legal changes are the most likely explanation.

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Bibliographic Info

Paper provided by Research on Innovation in its series Working Papers with number 0501.

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Date of creation: 2005
Date of revision:
Handle: RePEc:roi:wpaper:0501

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Web page: http://www.researchoninnovation.org

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Citations

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Cited by:
  1. Nicolas van Zeebroeck & Bruno Van Pottelsberghe & Dominique Guellec, 2008. "Patents and Academic Research: A State of the Art," ULB Institutional Repository 2013/60732, ULB -- Universite Libre de Bruxelles.
  2. Franzoni, Chiara & Scellato, Giuseppe, 2010. "The grace period in international patent law and its effect on the timing of disclosure," Research Policy, Elsevier, vol. 39(2), pages 200-213, March.
  3. Andreas Panagopoulos & In-Uck Park, 2008. "Patent Protection, Takeovers, and Startup Innovation: A Dynamic Approach," The Centre for Market and Public Organisation 08/201, Department of Economics, University of Bristol, UK.
  4. Schwiebacher, Franz, 2013. "Does fragmented or heterogeneous IP ownership stifle investments in innovation?," ZEW Discussion Papers 13-096, ZEW - Zentrum für Europäische Wirtschaftsforschung / Center for European Economic Research.
  5. James Bessen & Michael J. Meurer, 2005. "Patent Litigation with Endogenous Disputes," Working Papers 0502, Research on Innovation.
  6. Birgitte Andersen & Federica Rossi, 2011. "Intellectual property governance and knowledge creation in UK universities," Economics of Innovation and New Technology, Taylor & Francis Journals, vol. 20(8), pages 701-725, September.
  7. Nicolas van Zeebroeck, 2007. "Patents only live twice: a patent survival analysis in Europe," Working Papers CEB 07-028.RS, ULB -- Universite Libre de Bruxelles.
  8. Fischer, Timo & Henkel, Joachim, 2013. "Complements and substitutes in profiting from innovation—A choice experimental approach," Research Policy, Elsevier, vol. 42(2), pages 326-339.
  9. Pitelis, Christos & Panagopoulosi, Andreas, 2009. "Innovation Governance for Value Capture -The Problem and a Proposed Simple Model-based Solution," Papers DYNREG42, Economic and Social Research Institute (ESRI).
  10. Bessen, James, 2008. "The value of U.S. patents by owner and patent characteristics," Research Policy, Elsevier, vol. 37(5), pages 932-945, June.
  11. Fischer, Timo & Henkel, Joachim, 2012. "Patent trolls on markets for technology – An empirical analysis of NPEs’ patent acquisitions," Research Policy, Elsevier, vol. 41(9), pages 1519-1533.
  12. Pitelis, Christos & Panagopoulos, Andreas, 2009. "Open innovation and the management of intra-firm conflict," MPRA Paper 23940, University Library of Munich, Germany.
  13. Bessen, James, 2009. "Estimates of patent rents from firm market value," Research Policy, Elsevier, vol. 38(10), pages 1604-1616, December.
  14. Carlos J. POnce, 2007. "More secrecy... more knowledge disclosure? : On disclosure outside of patents," Economics Working Papers we077241, Universidad Carlos III, Departamento de Economía.
  15. 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.
  16. Choi, Jay Pil, 2009. "Alternative damage rules and probabilistic intellectual property rights: Unjust enrichment, lost profits, and reasonable royalty remedies," Information Economics and Policy, Elsevier, vol. 21(2), pages 145-157, June.

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