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A Model Of Patent Trolls

Author

Listed:
  • Jay Pil Choi
  • Heiko Gerlach

Abstract

This article develops a model of patent trolls to understand various litigation strategies employed by nonpracticing entities (NPEs). When an NPE faces multiple potential infringers who use related technologies, it can gain a credible threat to litigate even when it has no such credibility vis‐à‐vis any single potential infringer in isolation. This is due to an information externality generated by an early litigation outcome for subsequent litigation. Successful litigation creates an option value against future potential infringers through Bayesian updating. We discuss policy implications including legal fee shifting and the use of injunctive relief.

Suggested Citation

  • Jay Pil Choi & Heiko Gerlach, 2018. "A Model Of Patent Trolls," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 59(4), pages 2075-2106, November.
    • Handle: RePEc:wly:iecrev:v:59:y:2018:i:4:p:2075-2106
    DOI: 10.1111/iere.12330
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    Cited by:

    1. Nicoletta Berardi & Paul Seabright, 2020. "Joint Ownership of Production Projects as a Commitment Device against Interest Groups," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 176(3), pages 572-594.
    2. Turner, John L., 2018. "Input complementarity, patent trolls and unproductive entrepreneurship," International Journal of Industrial Organization, Elsevier, vol. 56(C), pages 168-203.
    3. Brander, James A. & Spencer, Barbara J., 2021. "Patent assertion entities and the courts: Injunctive or fee-based relief?," International Review of Law and Economics, Elsevier, vol. 65(C).
    4. Klapper, Felix B. & Siemering, Christian, 2024. "Effects of patent privateering on settlements and R&D under sequential market entry," Information Economics and Policy, Elsevier, vol. 66(C).
    5. Wang, Ling & Zhang, Yujia & Yan, Yushan, 2023. "Offensive patent litigation strategic choice: An organizational routine perspective," Technovation, Elsevier, vol. 122(C).
    6. He, Leshui, 2020. "A theory of pre-filing settlement and patent assertion entities," International Journal of Industrial Organization, Elsevier, vol. 70(C).
    7. Gerard Llobet & Jorge Padilla, 2016. "The Inverse Cournot Effect in Royalty Negotiations with Complementary Patents," Working Papers wp2016_1608, CEMFI.
    8. Marc Bourreau & Rafael C. de M. Ferraz & Yann Ménière, 2023. "Licensing standard‐essential patents with costly enforcement," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 32(4), pages 827-855, October.
    9. Liu, Du & Lin, Danmo, 2026. "Commercialize or sleep? Capturing value from patenting," Research Policy, Elsevier, vol. 55(1).
    10. Gerard Llobet & Jorge Padilla, 2023. "A theory of socially inefficient patent holdout," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 32(2), pages 424-449, April.
    11. Denicolò, Vincenzo & Zanchettin, Piercarlo, 2022. "Patent protection for complex technologies," International Journal of Industrial Organization, Elsevier, vol. 81(C).

    More about this item

    JEL classification:

    • D43 - Microeconomics - - Market Structure, Pricing, and Design - - - Oligopoly and Other Forms of Market Imperfection
    • L13 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Oligopoly and Other Imperfect Markets
    • O3 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights

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