Very few studies have made use of new electronic resources such as Lex Machina, which provides full case dockets and other relevant data for intellectual property law cases. While the Lex Machina data is based on existing data from PACER, the federal court system’s official electronic filing database, Lex Machina […]
Trademark law depends for its justification on economic arguments that cannot account for much of the law’s recent development, nor for mounting empirical evidence that consumer decisionmaking is inconsistent with assumptions of rational choice. But the only extant theoretical alternative to economic analysis is a Lockean “natural rights” theory that […]
Patent assertion entities (PAEs), or patent “trolls,” use the threat of an injunction to hold up product producing companies in patent suits. The Supreme Court’s 2006 eBay decision largely ended that practice, at least in district court. But it has had the unintended consequence of driving PAEs to a different forum, […]
We propose and analyze a distributed cooperative caching strategy based on the Evolutive Summary Counters (ESC), a new data structure that stores an approximated record of the data accesses in each computing node of a search engine. The ESC capture the frequency of accesses to the elements of a data […]
For decades, academics have argued that the US system for regulating the practice of law inhibits innovation. Despite that academic consensus, we live in an age of unparalleled innovation in the way legal services are provided to clients in the United States. What gives? How can we live in a […]
In this paper we test general theoretical predictions for litigation and the failure of settlement. Asymmetric stake sizes and asymmetric information are the main theoretical explanations for litigation to occur. These are especially prevalent in patent litigation cases.
In his influential paper “Contracting Into Liability Rules: Intellectual Property Rights and Collective Rights Organizations,” Rob Merges makes the case that intellectual property (IP) owners vested with property entitlements can and do contract away their right to an injunction when it is efficient for them to do so. The result […]
There is no global patent that will secure protection for an invention globally, and as the title of the book Global Patents: Limits of Transnational Enforcement (Oxford University Press, 2012) suggests, holders of national patents have a limited ability to enforce their patents across national borders. While national patent systems […]
Medical Malpractice reform limits a victim’s ability to recover for their losses in medical accidents. Indeed, the literature has established that the number of claims in states with tort reform has gone down. How do personal injury (PI) plaintiff lawyers deal with the decrease in the demand for their services?
There […]
Willful patent infringement is a critical issue in patent litigation, as it can result in an award of up to treble (enhanced) damages. In a 2007 decision, In re Seagate, the Federal Circuit significantly altered the standard governing willful infringement by requiring the patentee to prove at least “objective recklessness” […]