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New evidence on determinants of IP litigation: A market-based approach

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  • Czarnitzki, Dirk
  • van Criekingen, Kristof

Abstract

We contribute to the economic literature on patent litigation by taking a new perspective. In the past, scholars mostly focused on specific litigation cases at the patent level and related technological characteristics to the event of litigation. However, observing IP disputes suggests that not only technological characteristics may trigger litigation suits, but also the market positions of firms, and that firms dispute not only about single patents but often about portfolios. Consequently, this paper examines the occurrence of IP litigation cases in Belgian firms using the 2013 Community Innovation Survey with supplemental information on IP litigation and patent portfolios. The rich survey information regarding firms' general innovation strategies enables us to introduce market-related variables such as sales with new products as well as sales based mainly on imitation and incremental innovation. Our results indicate that when controlling for firms' IP portfolio, the composition of turnover in terms of innovations and imitations has additional explanatory power regarding litigation propensities. Firms with a high turnover from innovations are more likely to become plaintiffs in court. Contrastingly, firms with a high turnover from incremental innovation and imitation are more likely to become defendants in court, and, moreover, are more likely to negotiate settlements outside of court.

Suggested Citation

  • Czarnitzki, Dirk & van Criekingen, Kristof, 2018. "New evidence on determinants of IP litigation: A market-based approach," ZEW Discussion Papers 18-018, ZEW - Leibniz Centre for European Economic Research.
  • Handle: RePEc:zbw:zewdip:18018
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    Cited by:

    1. Marcel Seip & Carolina Castaldi & Meindert Flikkema & Ard-Pieter de Man, 2019. "A taxonomy of firm-level IPR application practices to inform policy debates," LEM Papers Series 2019/03, Laboratory of Economics and Management (LEM), Sant'Anna School of Advanced Studies, Pisa, Italy.

    More about this item

    Keywords

    IP litigation; patenting; innovation; imitation;

    JEL classification:

    • O31 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Innovation and Invention: Processes and Incentives
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital

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