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Patenting in the Shadow of Competitors

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  • Lerner, Josh

Abstract

This article empirically examines the patenting behavior of new biotechnology firms that have different litigation costs. I show that firms with high litigation costs are less likely to patent in subclasses with many other awards, particularly those of firms with low litigation costs. This pattern is consistent with the literature on costly litigation, which suggests that firms that have high litigation costs will take greater precautions to avoid litigation. These results are robust to a variety of control variables and modifications that seek to test alternative explanations. Copyright 1995 by the University of Chicago.

Suggested Citation

  • Lerner, Josh, 1995. "Patenting in the Shadow of Competitors," Journal of Law and Economics, University of Chicago Press, vol. 38(2), pages 463-495, October.
    • Handle: RePEc:ucp:jlawec:v:38:y:1995:i:2:p:463-95
    DOI: 10.1086/467339
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