Javascript must be enabled to continue!
How Patent Strategy Affects the Timing and Method of Patent Litigation Resolution
View through CrossRef
Abstract
Patent litigation consists of non-market actions that firms undertake to access intellectual property rights defined by prior legislation and enforced by the courts. Thus, patent litigation provides an interesting context in which to explore aspects of firm’s non-market strategies. In contrast with prior non-market strategy research that has largely focused on how political institutions define the rules of the game for market competition, non-market actions within patent litigation primarily seek to access and apply these broad policies to specific situations, products, or assets that matter to the firm. Furthermore, because such non-market actions are directly influenced by the firms’ market strategies, they represent a promising area for research on integrated (market and non-market) strategies as well.
The goal of this paper is to explain how generic patent strategies that firms use to support their competitive advantage in the product-market influence non-market outcomes related to the timing of patent litigation resolution. In contrast with prior research that has studied settlement in patent litigation essentially as a one-shot bargaining game, this paper seeks to explain litigation resolution as an outcome of the competing mechanisms of settlement and adjudication that operate continually during litigation. Using a large sample of patent litigations in research medicines and computers, I model the timing of patent litigation resolution in a proportional hazards framework, wherein settlement and adjudication are competing risks. The evidence found is consistent with the proposition that the speed with which patent litigation is resolved by either settlement or adjudication reflects the use of proprietary, defensive, and leveraging patent strategies by firms. These findings also help to explain unexpected and anomalous findings regarding the settlement of patent litigation reported in prior research.
Title: How Patent Strategy Affects the Timing and Method of Patent Litigation Resolution
Description:
Abstract
Patent litigation consists of non-market actions that firms undertake to access intellectual property rights defined by prior legislation and enforced by the courts.
Thus, patent litigation provides an interesting context in which to explore aspects of firm’s non-market strategies.
In contrast with prior non-market strategy research that has largely focused on how political institutions define the rules of the game for market competition, non-market actions within patent litigation primarily seek to access and apply these broad policies to specific situations, products, or assets that matter to the firm.
Furthermore, because such non-market actions are directly influenced by the firms’ market strategies, they represent a promising area for research on integrated (market and non-market) strategies as well.
The goal of this paper is to explain how generic patent strategies that firms use to support their competitive advantage in the product-market influence non-market outcomes related to the timing of patent litigation resolution.
In contrast with prior research that has studied settlement in patent litigation essentially as a one-shot bargaining game, this paper seeks to explain litigation resolution as an outcome of the competing mechanisms of settlement and adjudication that operate continually during litigation.
Using a large sample of patent litigations in research medicines and computers, I model the timing of patent litigation resolution in a proportional hazards framework, wherein settlement and adjudication are competing risks.
The evidence found is consistent with the proposition that the speed with which patent litigation is resolved by either settlement or adjudication reflects the use of proprietary, defensive, and leveraging patent strategies by firms.
These findings also help to explain unexpected and anomalous findings regarding the settlement of patent litigation reported in prior research.
Related Results
Patent as Promise
Patent as Promise
<div>
For patent law to serve its purpose of encouraging innovation, would-be inventors must believe that the government will honor its promise to protect their right to exc...
Contemporary Views on Economics of Patents
Contemporary Views on Economics of Patents
A patent is a legal right to exclude granted by the state to the inventor of a novel and useful invention. Much legal ink has been spilled on the meaning of these terms. “Novel” me...
Biodiversity Litigation
Biodiversity Litigation
Abstract
Biodiversity is declining at an unprecedented speed and urgent action is needed at all levels. Noting the growing influence of climate change litigation as ...
Measuring the Value of Litigation Finance
Measuring the Value of Litigation Finance
<p><span>Litigation finance has become a focal point of contemporary debates about civil justice yet those debates remain largely theoretical and rest on untested empir...
Patent Monopoly-Protecting Your Ideas
Patent Monopoly-Protecting Your Ideas
Abstract
For many companies and technical personnel in the petroleum industry, patents are a necessary part of doing business. In this paper, the monopoly provide...
Circadian meal timing is heritable and associated with insulin sensitivity
Circadian meal timing is heritable and associated with insulin sensitivity
Abstract
Background
Although the contribution of the circadian clock to metabolic regulation is widely recognized, the role of ...
Research of the navigation accuracy for the X-ray pulsar navigation system
Research of the navigation accuracy for the X-ray pulsar navigation system
In order to improve the navigation accuracy of the X-ray pulsar navigation system, in this paper we propose a constant fraction timing method based on the low-pass filter to measur...
Financiering van collectieve geschilbeslechting door middel van procesinvestering
Financiering van collectieve geschilbeslechting door middel van procesinvestering
This dissertation is about funding collective dispute resolution through litigation investment. The research focuses on the legal and normative framework for this in the Netherland...

