Scaling the patent system

C Mulligan, TB Lee - NYU Ann. Surv. Am. L., 2012 - HeinOnline
Why do firms in some industries ignore patents when developing new products? This paper
posits a simple answer to this longpuzzling question: firms ignore patents because they are …

Limiting Patentee's Market Power Without Reducing Innovation Incentives: The Perverse Benefits of Uncertainty and Non-Injunctive Remedies

I Ayres, P Klemperer - Mich. L. Rev., 1998 - HeinOnline
Uncertainty and delay in patent litigation may have unforeseen virtues. The combination of
these oft-criticized characteristics1 might induce a limited amount of infringement that …

Court competition for patent cases

JJ Anderson - U. Pa. L. Rev., 2014 - HeinOnline
There are ninety-four federal district courts in the United States, but nearly half of the six
thousand patent cases filed in 2013 were filed in just two of those courts: the District of …

The Role of Consumers in Deterring Settlement Agreement Bases on Invalid Patents: The Case of Non-Practicing Entities

S Tokic - Stan. Tech. L. Rev., 2012 - HeinOnline
According to an often-cited study on the number of invalidated patents, nearly half of litigated
patents were held invalid.'Moreover, a new study published in March of 2011 has found that …

Patent holdup, the ITC, and the public interest

CV Chien, MA Lemley - Cornell L. Rev., 2012 - HeinOnline
Patent-assertion entities, or" patent trolls," use the threat of injunction to hold up product-
producing companies in patent suits. The Supreme Court's 2006 decision in eBay Inc. v …

Ending the patenting monopoly

M Abramowicz, JF Duffy - U. Pa. L. Rev., 2008 - HeinOnline
For over 170 years, US patent law has required that, prior to the assertion of any property
rights in an invention, the inventor obtain a favorable opinion from a neutral expert who has …

Raising the Stakes in Patent Cases

A Malani, JS Masur - Geo. LJ, 2012 - HeinOnline
One of the fundamental goals of a patent system is to encourage the research and
development of the most socially valuable inventions-those innovations that will produce the …

Patent Litigation 101: Empirical Support for the Patent Pilot Program's Solution to Increase Judicial Experience in Patent Law

A Shartzer - Fed. Cir. BJ, 2008 - HeinOnline
Since the creation of the United States Court of Appeals for the Federal Circuit in the early
1980's, a lingering debate amongst members of the patent bar existed over whether the …

Judicial Patent Specialization: A View from the Trial Bench

JF Holderman - U. Ill. JL Tech. & Pol'y, 2002 - HeinOnline
My topic," Judicial Patent Specialization: A View from the Trial Bench," is perhaps less
urgent and less politically charged than yesterday's luncheon comments by Professor John …

Extreme value or trolls on top-the characteristics of the most-litigated patents

JR Allison, MA Lemley, J Walker - U. Pa. L. Rev., 2009 - HeinOnline
Patent reform has become, perhaps improbably, one of the most contentious issues facing
Congress and the courts over the past six years. The fights range across a number of major …