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Does Patent Quality Drive Damages in Patent Lawsuits? Lessons from the French Judicial System

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  • Dumont Béatrice

    (University Paris 13 CEPN-CNRS, Paris, France)

Abstract

This paper presents an empirical analysis of the link between patent damage awards and patent quality, based on information from suits filed during the period 2008–2013 in France. Our results show that civil damage awards attributed by French judges are significantly linked to patent quality, as assessed from a statistical point of view, but this link is imperfect.

Suggested Citation

  • Dumont Béatrice, 2015. "Does Patent Quality Drive Damages in Patent Lawsuits? Lessons from the French Judicial System," Review of Law & Economics, De Gruyter, vol. 11(2), pages 355-383, July.
    • Handle: RePEc:bpj:rlecon:v:11:y:2015:i:2:p:355-383:n:3
    DOI: 10.1515/rle-2015-0020
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    References listed on IDEAS

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    1. Lanjouw, Jean O & Schankerman, Mark, 2001. "Characteristics of Patent Litigation: A Window on Competition," RAND Journal of Economics, The RAND Corporation, vol. 32(1), pages 129-151, Spring.
    2. Jean O. Lanjouw & Ariel Pakes & Jonathan Putnam, 1998. "How to Count Patents and Value Intellectual Property: The Uses of Patent Renewal and Application Data," Journal of Industrial Economics, Wiley Blackwell, vol. 46(4), pages 405-432, December.
    3. Heckman, James, 2013. "Sample selection bias as a specification error," Applied Econometrics, Russian Presidential Academy of National Economy and Public Administration (RANEPA), vol. 31(3), pages 129-137.
    4. repec:bla:jindec:v:46:y:1998:i:4:p:405-32 is not listed on IDEAS
    5. Harhoff, Dietmar & Gambardella, Alfonso & Verspagen, Bart, 2008. "The Value of European Patents," CEPR Discussion Papers 6848, C.E.P.R. Discussion Papers.
    6. Stuart Graham & Nicolas van Zeebroeck, 2014. "Comparing Patent Litigation Across Europe: A First Look," ULB Institutional Repository 2013/159411, ULB -- Universite Libre de Bruxelles.
    7. George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
    8. Claude Crampes & Corinne Langinier, 2002. "Litigation and Settlement in Patent Infringement Cases," RAND Journal of Economics, The RAND Corporation, vol. 33(2), pages 258-274, Summer.
    9. Jean O. Lanjouw & Mark Schankerman, 2004. "Patent Quality and Research Productivity: Measuring Innovation with Multiple Indicators," Economic Journal, Royal Economic Society, vol. 114(495), pages 441-465, April.
    10. Mariagrazia Squicciarini & Hélène Dernis & Chiara Criscuolo, 2013. "Measuring Patent Quality: Indicators of Technological and Economic Value," OECD Science, Technology and Industry Working Papers 2013/3, OECD Publishing.
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    Cited by:

    1. Christian Helmers, 2018. "The economic analysis of patent litigation data," WIPO Economic Research Working Papers 48, World Intellectual Property Organization - Economics and Statistics Division.

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    More about this item

    Keywords

    patent quality; patent infringement; litigation;
    All these keywords.

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • O31 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Innovation and Invention: Processes and Incentives

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