Patent thickets, courts, and the market for innovation
TON DUC THANG University
Patent thickets, courts, and the market for innovation
Author:
Galasso, Alberto
;
Schankerman, Mark
Subjects:
Appellate courts
;
Business
enterprises
;
Court of appeal
;
Datasets
;
Federal circuit courts
;
Federal court decisions
;
Federal district courts
;
Innovation diffusion
;
Laws, regulations and rules
;
Litigation
;
Market analysis
;
Modeling
;
Patent infringement
;
Rights
;
Studies
;
Technological change
;
Technological innovation
;
Thickets
;
U.S.A
;
Uncertainty
;
United States courts
Is Part Of:
The Rand journal of economics, 2010-09, Vol.41 (3), p.472-503
Description:
We study how fragmentation of patent rights and the formation of the Court of Appeals for the Federal Circuit (CAFC) affected the duration of patent disputes, and thus the speed of technology diffusion through licensing. We develop a model of patent litigation which predicts faster settlement when patent rights are fragmented and when there is less uncertainty about court outcomes, as was associated with the "pro-patent shift" of the CAFC. We confirm these predictions empirically using a data set that covers patent suits in U.S. district courts during the period 1975–2000. Finally, we analyze how fragmentation affects total settlement delay, considering both the reduction in dispute duration and the increase in the number of patent negotiations.
Publisher:
Malden, USA: Blackwell Publishing Inc
Language:
English
Identifier:
ISSN: 0741-6261
EISSN: 1756-2171
DOI: 10.1111/j.1756-2171.2010.00108.x
CODEN: RJECEA
Source:
Alma/SFX Local Collection
RePEc
ProQuest Central