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On Understanding the Increase in U.S. Patent Litigation

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  • Joseph P. Cook

Abstract

Patent litigation in the United States has increased dramatically in the last 20 years. Understanding this increase, and the concomitant increase in patent grants, can help us to better understand the sources of technological innovation and productivity. The approach described here provides a means to simultaneously examine both the “friendly court” hypothesis and the hypothesis of an increase in research productivity associated with the information age. The results support the notion that both hypothesized factors, changes in court outcomes and increased research productivity and the associated increase in patenting activity, have played a role in the growth of patent litigation. Copyright 2007, Oxford University Press.

Suggested Citation

  • Joseph P. Cook, 2007. "On Understanding the Increase in U.S. Patent Litigation," American Law and Economics Review, American Law and Economics Association, vol. 9(1), pages 48-71.
    • Handle: RePEc:oup:amlawe:v:9:y:2007:i:1:p:48-71
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    File URL: http://hdl.handle.net/10.1093/aler/ahm003
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    Cited by:

    1. Choi, Jay Pil, 2009. "Alternative damage rules and probabilistic intellectual property rights: Unjust enrichment, lost profits, and reasonable royalty remedies," Information Economics and Policy, Elsevier, vol. 21(2), pages 145-157, June.
    2. Johannes Koenen & Martin Peitz, 2012. "The Economics of Pending Patents," Chapters, in: Joseph E. Harrington Jr & Yannis Katsoulacos (ed.), Recent Advances in the Analysis of Competition Policy and Regulation, chapter 3, Edward Elgar Publishing.
    3. Lee, Pei-Chun & Su, Hsin-Ning, 2014. "How to forecast cross-border patent infringement? — The case of U.S. international trade," Technological Forecasting and Social Change, Elsevier, vol. 86(C), pages 125-131.
    4. Koenen, Johannes & Peitz, Martin, 2015. "Firm reputation and incentives to “milk” pending patents," International Journal of Industrial Organization, Elsevier, vol. 43(C), pages 18-29.
    5. Huang, Xiaoqi & Liu, Wei & Zhang, Zhan & Zhao, Zhihui, 2022. "Intensive judicial oversight and corporate green innovations: Evidence from a quasi-natural experiment in China," China Economic Review, Elsevier, vol. 74(C).
    6. Hsin-Ning Su & Carey Ming-Li Chen & Pei-Chun Lee, 2012. "Patent litigation precaution method: analyzing characteristics of US litigated and non-litigated patents from 1976 to 2010," Scientometrics, Springer;Akadémiai Kiadó, vol. 92(1), pages 181-195, July.

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