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 …

In eBay v. MercExchange,* the Supreme Court correctly rejected the Federal Circuit's
general rule requiring that a permanent injunction follow from a finding that a patent is valid …

We know quite a bit about patent litigation. Thanks to a great deal of academic research, to
companies like Lex Machina, and to projects that categorize patent plaintiffs, we can tell …

Patent litigation is often seen as" different" from other civil litigation, necessitating special
patent-only rules that stray from general legal principles even for issues arising in other …

Patent owners who file lawsuits put their underlying patents at risk. A significant percentage
of litigated patents are held invalid,'and a finding of invalidity is the death knell for a patent …

Recent commentators have observed, and sometimes lamented, significant gaps between
the formal reach of the patent system and the practical exclusionary effect of patent law. It is …

A relatively new business model has emerged, more robust examples of which have been
rearing their ugly heads in an increasingly litigious manner over the past decade. The …

Patent law is intended to foster the creation and distribution of new and valuable inventions.
To further that objective, patent remedies must balance three competing incentives: first …

This paper shows that the process of enforcing patent rights both dilutes and distorts
Research and Development (R&D) incentives. We examine the characteristics of litigated …

The economic significance of a patent depends on its scope: the broader the scope, the
larger the number of competing products and processes that will infringe the patent. Many …