The patent world is quietly undergoing a change of seismic proportions. In a few short years, a handful of entities have amassed vast treasuries of patents on an unprecedented scale. To give some sense of the magnitude of this change, our research shows that in a little more than five […]
Forum shopping is widespread in patent litigation because there are clear differences in outcomes among the various federal districts. An accused patent infringer that is sued in a particularly disadvantageous forum can file a motion to transfer to a more convenient forum, but the general consensus is that such motions […]
The decision was made to purely concentrate on the mobile technology field. According to Lex Machina (as cited in “Study: mobile patent lawsuits up 25% a year since 2006”, 2011), an intellectual property litigation company, mobile devices related lawsuits are growing up 25% yearly since 2006.
Cited in Newsweek, The Wall Street Journal, The Economist, and other foreign press, Lex Machina uncovers all district court cases filed from 2006 through 2011 against mobile handset manufacturers in which a mobile handset was the accused product.
A long legacy of empirical research suggests that patents are more important for stimulating research in pharmaceuticals than in any other industry (Levin et al. 1987;Cohen et al. 2000). Patents on new drug compounds are difficult to invent around, and thus are effective in preventing imitation. At the same time, […]
Classic patent theory relies on an incentive model to justify the grant of exclusionary patent rights. Under the model, potential patent rights provide an incentive to those who would set about the task of innovating. In constitutional language, this incentive operates to promote the progress in the “useful arts.” Patents […]
Congress has essentially asked the U.S. Patent and Trademark Office an impossible question: What would happen if prior user rights were implemented in the United States? More concretely, it has asked as to the impact of this defense on innovation, and as to non-U.S. implementations of prior user rights. But […]
My research did not reveal any trademark infringement lawsuits over post-sale competitive couponing against Catalina Marketing (the manufacturer of the most popular post-sale couponing system), any retailers deploying Catalina Marketing’s system, or any advertisers purchasing the right to deliver competitive coupons. … In July 2007, I searched Westlaw’s “ALLCASES” database […]
Previous papers have demonstrated the link between these characteristics and the number of patent litigations. Next, we match our databases to the Stanford IP litigation database in order to obtain the number of litigations per patent. This database contains data on more than 100,000 intellectual property cases filed from January […]
This article addresses a largely neglected issue: the scope of injunctions against patent infringement. First, the article uses an economic model for infringer incentives to show how concerns of injunction scope are substantially analogous to much more widely examined concerns of patent scope. Second, the article discusses existing U.S. law […]