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The Role of Legal Presumptions in Patent Litigation

Author

Listed:
  • Alice Guerra

    (University of Bologna - Department of Economics)

  • Tapas Kundu

    (Oslo Business School, Oslo Metropolitan University; School of Business and Economics, UiT the Arctic University of Norway)

Abstract

We formally analyze the effects of legal presumptions in patent litigation. We set up a novel contest model to study litigation outcomes, judgement errors, and resource dissipation under three alternative presumption criteria: a presumption that the patent is valid; a presumption that the patent is invalid; no presumption regarding validity. Our findings reveal that any legal presumption – either in favor of validity or invalidity – is preferable than a no-presumption criterion when there is high uncertainty about the patent’s objective merit.

Suggested Citation

  • Alice Guerra & Tapas Kundu, 2019. "The Role of Legal Presumptions in Patent Litigation," Working Papers 201905, Oslo Metropolitan University, Oslo Business School.
    • Handle: RePEc:oml:wpaper:201905
    DOI: 10.2139/ssrn.3477505
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    More about this item

    Keywords

    Patent; Litigation; Presumptions; Persuasion;
    All these keywords.

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • C72 - Mathematical and Quantitative Methods - - Game Theory and Bargaining Theory - - - Noncooperative Games
    • D74 - Microeconomics - - Analysis of Collective Decision-Making - - - Conflict; Conflict Resolution; Alliances; Revolutions

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