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The Patent Litigation Explosion

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Author Info
James Bessen () (Research on Innovation, Boston University School of Law)
Michael J. Meurer

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Abstract

This paper provides the first look at patent litigation hazards for public firms during the 80s and 90s. Consistent with our model, litigation is more likely when prospective defendants spend more on R&D, when prospective plaintiffs acquire more patents and when firms are larger and technologically close. Public firms face dramatically increased hazards of litigation as plaintiffs and even more rapidly increasing hazards as defendants, especially for small public firms. The increase cannot be explained by patenting rates, R&D, firm value or industry composition. Legal changes are the most likely explanation.

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Publisher Info
Paper provided by Research on Innovation in its series Working Papers with number 0501.

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Date of creation: 2005
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Handle: RePEc:roi:wpaper:0501

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Web page: http://www.researchoninnovation.org

For technical questions regarding this item, or to correct its listing, contact: (Jim Bessen).

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  1. Andreas Panagopoulos & In-Uck Park, 2008. "Patent Protection, Takeovers, and Startup Innovation: A Dynamic Approach," The Centre for Market and Public Organisation 08/201, Department of Economics, University of Bristol, UK. [Downloadable!]
  2. Carlos J. POnce, 2007. "More secrecy... more knowledge disclosure? : On disclosure outside of patents," Economics Working Papers we077241, Universidad Carlos III, Departamento de Economía. [Downloadable!]
    Other versions:
  3. James Bessen & Michael J. Meurer, 2005. "Patent Litigation with Endogenous Disputes," Working Papers 0502, Research on Innovation. [Downloadable!]
    Other versions:
  4. Nicolas van Zeebroeck & Bruno van Pottelsberghe & Dominique Guellec, 2008. "Patents and Academic Research: A State of the Art," Working Papers CEB 08-013.RS, Université Libre de Bruxelles, Solvay Brussels School of Economics and Management, Centre Emile Bernheim (CEB). [Downloadable!]
  5. Katrin Cremers, 2009. "Settlement during patent litigation trials. An empirical analysis for Germany," The Journal of Technology Transfer, Springer, vol. 34(2), pages 182-195, April. [Downloadable!] (restricted)
  6. Nicolas van Zeebroeck, 2007. "Patents only live twice: a patent survival analysis in Europe," Working Papers CEB 07-028.RS, Université Libre de Bruxelles, Solvay Brussels School of Economics and Management, Centre Emile Bernheim (CEB). [Downloadable!]
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This page was last updated on 2009-10-29.


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