Science topic

Patent Litigation - Science topic

Explore the latest publications in Patent Litigation, and find Patent Litigation experts.
Filters
All publications are displayed by default. Use this filter to view only publications with full-texts.
Publications related to Patent Litigation (1,028)
Sorted by most recent
Article
Full-text available
The licensing of university technologies to private firms has become an important part of the technology transfer mission of many universities. An inherent challenge for the technology licensing of universities is that potential licensees find it difficult to judge the early stage technologies and their ultimate commercial value. We reason that pat...
Article
Full-text available
I am not an attorney but a professor of engineering practice who has a large amount of experience in the patent litigation space as an expert witness in the game and computing industry domains. This column covers my understanding of patents and some of my experiences as an expert witness.
Article
Full-text available
Some recent patent infringement litigations initiated by universities have resulted in multi-million dollar damages and have attracted public attention and stimulated research especially among law scholars. In this paper, we build a brand new database that include patents filed by universities at the United States and Trademark Office (USPTO), thei...
Thesis
Full-text available
Patent Litigation has been rapidly increasing in the United States since the mid-1990s, and more particularly in pharmaceutical industries. Pharmaceutical industries are experiencing larger amount of legal challenges due to increase in generic drug manufacturing. Increased generic challenges are linked to the reduced market exclusivity periods for...
Article
Full-text available
Soft hydrogel contact lenses represent the most famous and commercially successful application of poly(2‑hydroxyethyl methacrylate). The scarcely crosslinked network of this hydrophilic polymer finds its use also in many other fields, be it in (bio)medicine or technology. Moreover, the polymer itself and its crosslinked forms, discovered more or le...
Article
Full-text available
The Patent Holder wishing to enforce her patent has several ways of doing so. In the world of patent litigation, however, one of the most important remedies is the preliminary injunction (PI), whereby an allegedly infringing competitor is forced to stop selling the goods in the market in the interim period before the court reaches its final decisio...
Preprint
Full-text available
This paper evaluates the impact of patent litigation and patent trolling on firm innovation as measured by the number of patents filed annually. We used data constructed from the recently published Stanford NPE Litigation Database, the USPTO Database for Patent Applications, CRSP, and Compustat. We consider both a Two Way Fixed Effects (TWFE) appro...
Article
Full-text available
In this paper, we show that a provision in antitrust law to allow patent settlements with a later market entry of generics than the date that is expected under patent litigation can increase consumer welfare. We introduce a policy parameter for determining the optimal additional period for collusion that would incentivize the challenging of weak pa...
Article
Full-text available
The most important document to be used in any patent litigation is the patent itself which defines a patent right and determines its scope. The presumption of validity is a judicial presumption accepted in many countries. But the applicability of this presumption relies on factors like the patent registration system and the way the registration aut...
Article
Full-text available
Since its launching, the Unified Patent Court (UPC) project has faced obstacles and scepticism from some EU Member States. When the United Kingdom ratified the UPC Agreement in 2018, it seemed that there was nothing left but to wait for a positive decision of the Federal Constitutional Court of Germany on the ratification by that country, so that f...
Article
Full-text available
With the rapid advancement in technology, Taiwan’s integrated circuit (IC) design companies have made a mark in the international semiconductor industry but are unable to independently develop the key core technologies they need. Therefore, strategic alliances, competition and cooperation have become a means for enterprises to quickly obtain patent...
Chapter
Full-text available
A patent is a document, issued, upon application, by a government office (or a regional office acting for several countries), which describes an invention and creates a legal situation in which the patented invention can normally only be exploited (manufactured, used, sold, imported) with the authorization of the owner of the patent. This patent a...
Article
Full-text available
The authors have known Jochen Pagenberg from different perspectives: Tilman Müller-Stoy for almost 20 years as a partner in the law firm bearing Jochen’s name; Rudolf Teschemacher since the start of Jochen’s and his own career when both got in touch with IP at the Max Planck Institute in the early 1970s and later on for more than 15 years as a seni...
Article
Full-text available
Before the first generic version of a drug can be marketed, patent litigation often occurs. The process begins when generic manufacturers notify the FDA of their intent to market a generic copy of a brand‐name drug protected by patents, which they allege to be invalid or not infringed (called a Paragraph IV Certification). Assuming the brand‐name m...
Article
Full-text available
Prior research suggests that firms’ ability to benefit from their technologies is determined by the strength of intellectual property (IP) laws and the inimitability of their technologies. We complement this explanation by suggesting that the generation of profits from technology is also driven by how effectively firms engage in patent infringement...
Article
Full-text available
New amendments to China’s Patent Law feature open licensing which should encourage the use of patents, and promote the more rapid broadcast and dissemination of new technology. They should also offer the possibility of greater transactional visibility, transparency and traceability which has important ramifications for IP valuation and reporting in...
Article
Full-text available
In October 2019 the Constitutional Court (CC) handed down judgment in the matter of Ascendis Animal Health (Pty) Limited v Merck Sharpe Dohme Corporation 2020 1 SA 327 (CC). This is its first judgment dealing with the validity of a patent and, as it concerns issues that go the heart of patent law, the judgment potentially has far-reaching implicati...
Article
Full-text available
Patent litigation occurs when a company’s product or service violates the scope of another company’s patent rights. When they occur, companies suffer a disruption to the sales of their products and services, thus hindering the sustainability of their business activities. For this reason, companies have established and analyzed wide-ranging strategi...
Article
Full-text available
A patent system requires novelty and progressiveness so that new patents do not infringe on the rights of prior art. Patent investigation including a prior art search is essential to the process of commercialization of technology. In general, patent investigation has been conducted by experts based on their qualitative judgement. However, the numbe...
Article
Full-text available
A 2006 U.S. Supreme Court decision shifted the legal regime for patent litigation, encouraging district courts to rely more on license fees and less on injunctions as a remedy for patent infringement. This paper provides a simple model of a patent-owing "patent assertion entity" (PAE) and an infringing firm. These two parties bargain over a possibl...
Article
Full-text available
Purpose of review Biosimilar versions of biologic agents have become increasingly available over the past decade. The framework for regulatory approval has been well established in the USA and Europe, and many biosimilars for use in oncology, rheumatology, dermatology, and inflammatory bowel disease treatment have been approved. Although the utiliz...
Book
Full-text available
This chapter analyzes the transnational institutionalization of the European Unified Patent Court (created in 2013) as a case illustrating government by relationships and mobilization of relational infrastructures in joint regulation of the economy. This court, specializing in patent litigation, originated from a public-private network of corporate...
Article
Full-text available
Research Summary How does interfirm cooperation in innovation ecosystems evolve in the face of conflict? We theorize that conflict propels firms to reconfigure cooperative relationships while maintaining and even increasing cooperation with aggressors because cooperation is the primary mechanism for value creation in such ecosystems. To empirically...
Research
Full-text available
Governments in developing countries, especially large middle-income ones such as China, often face a dilemma: How can they govern intellectual property rights (IPR) to alleviate “anti-commons” problems, such as patent thickets, without also restraining technological development? Existing scholarship has not yet explored the role of extra-legal inst...
Article
Full-text available
This study proposes a divergent expectation model for patent infringement disputes, where both litigation and settlement are driven by patent quality. Under the model, patent quality depends on both broadness and definiteness of the patent. The model predicts that technologies where the definiteness attribute can be estimated with high accuracy wil...
Article
Full-text available
This paper examines the relationship between Imperial Chemical Industries (ICI), the company that discovered tamoxifen, and Dr Craig Jordan, who played a major part in its success as a breast cancer drug, and who worked as a consultant for the company, but without ever being paid a consultancy fee. Instead, ICI funded junior staff working in his la...
Article
Full-text available
We inform the policy debate arising from the dramatic shift in US firms’ balance sheets towards intangible assets that has created a challenge for market participants to estimate firm value. While accounting guidelines have failed to keep pace with this change, the auditors’ perspective on this issue remains unknown. Our study reveals that auditors...
Article
Full-text available
In a patent infringement suit, the alleged infringer wins with a ruling of either invalidity or non-infringement, and may strictly prefer either outcome. Invalidity may increase current-period competition, but removes constraints to future innovation. We adapt the Segal and Whinston (Am Econ Rev 97(5):1703–1730, 2007) model, and show that a legal r...
Article
Full-text available
Recently, the number of patents of enterprises has been increasing year by year, obviously improving the degree of attention paid to the added value of patents by said enterprises, but also creating patent infringement lawsuits. First, through analysis of the position of competitors, it can be seen that the disclosure of patent infringement litigat...
Article
Full-text available
During patent litigation, pay‐for‐delay (P4D) deals involve a payment from a patent holder of a branded drug to a generic drug manufacturer to delay entry and withdraw the patent challenge. In return for staying out of the market, the generic firm receives a payment, and/or an authorized licensed entry at a later date, but before the patent expirat...
Article
Full-text available
As patents on many high-selling biological medicines are expiring, non-innovator versions, such as biosimilars, may enter this multi-billion dollar market. This study aims to map patents and patent applications for innovator as well as biosimilar monoclonal antibodies in Europe, and investigates legal challenges associated with patenting the innova...
Article
Full-text available
This article analyzes how the provisions on patent term adjustments contained in the new United States-Mexico-Canada Trade Agreement (USMCA) will be problematic for Mexico. To illustrate this point, the article revisits a patent litigation in Mexico. The plaintiff was a Japanese company who was suing over the infringement of its rights by a Mexican...
Article
Full-text available
The telecom sector has been a pivotal force behind India's digital transformation. Surge in data consumption and rapid adoption of new technologies continue to redefine connectivity and engagement dynamics in India. As the largest data consumer and the second largest smartphone market, India is carving out a new digital identity globally. At the sa...
Article
Full-text available
Plant biotechnology has consolidated itself as a radical agricultural innovation, boosting the patenting activities of universities, biotechnology firms, and seed & agrochemicals corporations. We use patent citations networks to study the appropriability efforts that affected the emergence and dynamics of the technological trajectories (TTs) of the...
Article
Full-text available
Conventional wisdom holds that lawsuits harm a corporation’s reputation. So why do corporations and other businesses litigate even when they will likely lose in the court of law and the court of public opinion? One explanation is settlement: some parties file lawsuits not to win but to force the defendant to pay out. But some business litigants def...
Article
Full-text available
Sustainable energy offers advantages of continuous regeneration, sustainable utilization, and inexhaustibility and plays an important role in the development of the world. In recent years, research on sustainable energy has become an important focus; however, leading sustainable energy technology deserves more attention. Identifying the dominant te...
Article
Full-text available
Since 2011, several papers and articles have speculated about the motivations, activities, and possible anti‐competitive effects of hybrid patent assertion entities (PAEs) or, more pejoratively, “patent privateers.” Most prior work has assumed that privateers are essentially extorting money from firms by making weak infringement claims employing we...
Article
Full-text available
Wind energy, the most commercialized prospect of renewable energy, is being developed and utilized on a large scale. Major institutions and universities have invested a lot of manpower, capital and technology in researching the wind power technology, which has made remarkable progress. In the era of green economy, the leading technology of wind pow...
Preprint
Full-text available
The U.S. Supreme Court’s WesternGeco LLC v. ION Geophysical Corp. decision provides the opportunity to open a policy space for proximate cause in patent litigation. As the country’s highest Court has pushed patent law, as well as other statutory torts, in the same direction as other civil causes of action, the full adoption of proximate cause in al...
Article
Full-text available
The U.S. Supreme Court's WesternGeco LLC v. ION Geophysical Corp. decision provides the opportunity to open a policy space for proximate cause in patent litigation. As the country's highest Court has pushed patent law, as well as other statutory torts, in the same direction as other civil causes of action, the full adoption of proximate cause in al...
Article
Full-text available
Recent patent policy emphasizes the superiority of ex ante licensing over ex post patent assertion. Ex ante means before costs are sunk by a patent defendant, so licensing at this stage avoids the leveraging of a defendant's investments in product design which is a presumptive aspect of litigation in the ex post period. Contrary to the dominant nar...
Conference Paper
Full-text available
At present, intellectual property disputes are often associated with the rule of law of several states and several respondents, covering issues that are an integral part of new and fast-growing technologies. Numerous researches conducted in the field of the effective resolution of IP disputes have shown that patent litigation means significant cost...
Conference Paper
Full-text available
O simples levantamento de números de patentes depositadas e concedidas não possibilitam revelar se as invenções contribuíram de alguma forma para o progresso da ciência ou bem-estar social. Para se chegar mais próximo dessa resposta é necessário avaliar individualmente as características das patentes. Neste contexto, a pesquisa tem como objetivo id...
Article
Full-text available
Although biosimilar manufacturers face many unique challenges in patent litigation, one of the most common is an infringement action brought under the Doctrine of Equivalents (DOE). DOE is a principle where a party sues for infringing on the general spirit of the patent, rather than on the specific content of its claims. The criteria for DOE center...
Article
Full-text available
Patent assertion entities are playing an increasing role in patent litigation, in both the United States and Europe. Analyzing the resulting case law, mainly in the SEP/FRAND context, this article shows similarities as well as differences in the approaches taken by U.S. and EU courts. These distinctions can assist policy makers as they consider var...
Article
Full-text available
This paper analyzes the history of the Semiconductor Chip Protection Act (SCPA) 17 U.S.C. §§ 901-914 and inquires into why it is seldom used in IP litigation. Afterwards, this paper makes the argument that the SCPA should be used more in IP litigation, perhaps in tandem with patent litigation, and can be a viable form of protection for semiconducto...
Article
Full-text available
During the last few decades, the number of patents in information and communication technologies has increased considerably. An increasing number of patents and the associated fragmentation of IP rights have generated a series of potentially problematic consequences. Patent thickets, royalty stacking, the emergence of patent assertion entities, inc...
Conference Paper
Full-text available
LED lighting has received considerable attention due to high energy efficiency, high intensity of brightness, high reliability, low radiated heat, long life span and negligible UV rays. As time goes by, some powerful and invincible patents which had been used as litigation weapons by patent giants are expired. These patent giants changed their stra...
Conference Paper
Full-text available
Patent litigation is an expensive legal process faced by many companies. To reduce the cost of patent litigation, one effective approach is proactive management based on predictive analysis. However, automatic prediction of patent litigation is still an open problem due to the complexity of lawsuits. In this paper, we propose a data-driven framewor...
Article
Full-text available
Patents are the most important requirement for successful biologic commercialization, yet stakeholders often have little understanding of the unique obstacles encountered in this field, especially for biosimilars. Biologics may treat less than 2 percent of the U.S. population, but they account for 38 percent of all U.S. prescribed drug spending. In...
Thesis
Full-text available
Executive summary Patent trolls, or NPEs, act as intermediaries in the markets for technology and behave opportunistically to earn profit through patent litigation and licensing. Some researchers claim that NPEs harm the economy and innovation, but few studies address the issue related to the supply side of NPEs' patent acquisitions. Thus, in this...
Article
Full-text available
Bad actors in patent litigation can face serious consequences. Infringers who are found to infringe "willfully" may be subject to treble damages. Patentees who assert weak claims in bad faith can be ordered to pay the defendant's attorneys' fees. These remedies are of such importance to the patent system today that the Supreme Court reinvigorated b...
Article
Full-text available
We study whether the sealing of a defendant’s judicial records during a patent lawsuit filing correlates with the defendant’s level of competition and disclosure. Courts permit sealing of judicial records when competitive damage outweighs the public interest in access to documents and records. We find that defendants with sealed judicial records ha...
Article
Full-text available
Tribal sovereignty has been recognized by the American government since the establishment of the United States and tribal sovereign immunity has been a part of American jurisprudence for over a century. Tribal sovereign immunity continues to play an important role in modern times, especially in the last few years with the rise of inter partes revie...
Article
Full-text available
The continuous innovation of the biopharmaceutical industry has led to development of a new category of biopharmaceuticals i.e. Biobetters or Biosuperiors. Biobetters may have better efficacy, a longer half-life, lower dosing frequency, a reduced risk of immunogenicity, reduced toxicity and side effects along with lower early-stage research risk an...
Article
Full-text available
Research has focused on why and when firms access external technology markets. Less is known about the reliability of patents attached to licensed technologies during litigation. Unreliable patents expose a firm to loss of downstream revenues. We address this by constructing a data set of patent litigation in the pharmaceutical industry and exploit...
Article
Full-text available
Patent Assertion Entities, companies that monetise patents but do not practice them, have been over the years negatively portrayed as harmful “patent trolls” that engage in speculative and abusive patent litigation against manufacturing companies, threatening them with injunctions in order to extract settlements unrelated to the value of their tech...
Article
Full-text available
Civil procedure laws help judges comprehend science or technology in various ways. Civil law countries usually rely on court-appointed experts, while common law countries rely on party-appointed expert. While Korea is a civil law country, it is not uncommon that party-appointed experts are involved in litigation to provide opinion. There is a high...
Thesis
Full-text available
Patent law in Europe has been harmonized by the European Convention in 1973. While the provisions are consistent among the Member States, because of the Countries’ historical approaches to patent protection, their interpretations and applications vary. These discrepancies have been reflected dramatically while determining of the patents’ scope of p...
Article
Full-text available
Patent assertion entities are playing an increasing role in patent policy and patent litigation, both in the U.S. and Europe. Analyzing the resulting case law, mainly in the SEP/FRAND context, this article shows similarities as well as differences in the approaches taken by U.S. and EU courts.
Chapter
Full-text available
A Q&A guide to trade mark litigation in Turkey. The Q&A gives a high level overview of trade mark disputes, including how trade mark infringement is assessed; unregistered trade marks; invalidation proceedings; procedure, preliminary relief and final remedies and enforcement options. To compare answers across multiple jurisdictions visit the patent...
Article
Full-text available
We compare patent litigation cases across four European jurisdictions—Germany, the UK (England and Wales), France, The Netherlands—using case-level data gathered from cases filed in the four jurisdictions during the period 2000–2008. Overall, we find substantial differences across jurisdictions in terms of caseloads—notably, courts in Germany hear...
Working Paper
Full-text available
During the last decades, the number of ICT related patents has increased considerably. In association with a great fragmentation in IP rights, the increasing number of patents has generated a series of potentially problematic consequences. Patent thickets, royalty stacking, the emergence of patent assertion entities, increased patent litigation – i...
Thesis
Full-text available
Patents are key assets in the knowledge economy. The past three decades have seen staggering volumes of patenting as innovators build technologies to gain competitive advantages. While the patent system aims to encourage innovation, expensive lawsuits and concentration of innovation can diminish societal welfare. This dissertation uses public info...
Article
Full-text available
Good intentions often have unintended consequences. This applies to recent changes in the injunction law in patent cases. Although these changes were intended to alleviate some of the problems caused by patent owners that do not practice their invention, the changes have also unintentionally made it more difficult for patent owners in certain indus...
Article
Full-text available
Patent litigation is not only a battlefield of intellectual property rights, but also a context in which patent value becomes more transparent to the parties concerned. Integrating the resource-based theory with the attention-based view, this study argues that a focal patent's attributes and its assignee's cognitive constraints may result in confou...
Article
Full-text available
A " person having ordinary skill in the art " (PHOSITA) or " a person skilled in the art " is a legal construct that is extensively used in patent law as a tool to homogenize and standardize the estimation and evaluation of patentability requirements i.e. nonobviousness, insufficient disclosure, interpretation of the claimed invention in the prosec...
Article
Full-text available
While patents do have many advantages, their disadvantages include requiring disclosure of technical information and imposing the burden of patenting and litigation costs. In this study, we investigate the relationship between a firm's negative perception on patents, technology management strategies, and subsequent performance. For this purpose, we...
Article
Full-text available
Although everyone believes that telling a good story is an important part of jury persuasion, attorneys inevitably rely on their intuition to choose their stories. Experimental methodologies now allow us to test how effective these stories are. In this article, we rigorously test how two different narratives common to patent law affect mock jurors....
Article
Full-text available
We investigate the firms’ investment decisions in the presence of litigation over infringement and cross licensing as a way to settle. The model endogenously determines not only the timing of investments but also their capacities, the degree of overlap between the initial and the subsequent innovations, and the way the competitors resolve the dispu...
Research
Full-text available
A recent and widely received study by Lauren Cohen, Umit G. Gurun, and Scott Duke Kominers finds that non-practicing entities (NPEs)—pejoratively known as " patent trolls " —are " opportunistic " because they target defendants that (1) are cash-rich (particularly compared to practicing entity patentees), (2) operate in industries that " have nothin...
Thesis
Full-text available
Als blijkt dat een bestaand geneesmiddel voor een nieuwe medische indicatie kan worden gebruikt, dan kan voor dat geneesmiddel voor de tweede maal een octrooi worden verkregen op grond van de nieuwe toepassing voor de nieuwe medische indicatie. Voor de oude toepassing van het geneesmiddel worden vaak al producten gemaakt. Wanneer het octrooirecht v...
Chapter
Full-text available
The law of injunctive relief in United States patent cases presents a puzzling set of contrasts. On one hand, it is grounded in venerable common law principles of equity that have been applied by the courts for centuries. On the other hand, it reflects the unique complexities of massively multicomponent products and advanced technology standards. T...
Conference Paper
Full-text available
Patent litigation not only covers legal and technical issues, it is also a key consideration for managers of high-technology (high-tech) companies when making strategic decisions. Patent litigation influences the market value of high-tech companies. However, this raises unique challenges. To this end, in this paper, we develop a novel recommendatio...
Article
Full-text available
In bifurcated patent litigation systems, claims of infringement and validity of a patent are decided independently of each other in separate court proceedings at different courts. In non-bifurcated systems, infringement and validity are decided jointly in the same proceedings at a single court. We build a model that shows the key trade-off between...
Article
Full-text available
Background: In 2014, six of the top ten blockbuster medicines were monoclonal antibodies. This multibillion-dollar market with expiring patents is the main driver for the development of biosimilar mAbs. With the ever-increasing cost of healthcare and the economic pressure to reduce or sustain healthcare expenses, biosimilars could be instrumental i...
Article
Full-text available
Patent litigation consists of non-market actions that firms undertake to access intellectual property rights defined by prior legislation and enforced by the courts. Thus, patent litigation provides an interesting context in which to explore aspects of firm’s non-market strategies. In contrast with prior non-market strategy research that has largel...
Article
Full-text available
The interface between intellectual property law and competition law is complicated. The interaction between prohibited abuse of market power under EU competition law and national intellectual property rights has been a perennial issue for courts on both the EU and the member-state level. The issue became even more complicated by the ongoing standar...
Article
Full-text available
This Article undertakes a broad-based empirical review of intellectual property ("IP") litigation in U.S. federal district courts from 1994 to 2014. Unlike the prior literature, this study analyzes federal copyright, patent, and trademark litigation trends as a unified whole. It undertakes a systematic analysis of the records of more than 190,000 c...
Article
Full-text available
The post-grant review proceedings set up at the U.S. Patent and Trademark Office’s Patent and Trial Appeal Board by the America Invents Act of 2011 have transformed the relationship between Article III patent litigation and the administrative state. Not surprisingly, such dramatic change has itself yielded additional litigation possibilities: Cuozz...
Article
Full-text available
Smart cars in the vehicle market continue to show substantial growth, which has been driving the automotive industry to focus on advancing related technologies by integrating technologies from various areas. As information and communications technology (ICT) melds with automotive technologies, the rapidly increasing activities of non-practicing ent...
Article
Full-text available
On September 17, 2015, the Federal Circuit issued another decision in the epic Apple v. Samsung smartphone war. This was the fourth court decision in the ongoing saga to deal with injunctions. Apple IV explained the level of proof necessary to satisfy the "causal nexus" requirement. This requirement had emerged as a response to patent litigations i...
Article
Full-text available
Presents an analysis of foreign practice of identifying and combating «patent trolling» as a new kind of business based on the abuse of patent rights. The economic parameters that determine the size of the excited claims and industry features of «patent trolling».