Patent validity and the timing of settlements

B-Tier
Journal: International Journal of Industrial Organization
Year: 2019
Volume: 67
Issue: C

Authors (2)

Bar, Talia (University of Connecticut) Kalinowski, Jesse (not in RePEc)

Score contribution per author:

1.005 = (α=2.01 / 2 authors) × 1.0x B-tier

α: calibrated so average coauthorship-adjusted count equals average raw count

Abstract

We study the timing of settlement in patent disputes, accounting for an alleged infringer’s search for evidence to challenge patent validity. Early settlements are more likely reached when the disputed patent has a low quality, and late settlements take place when the alleged infringer finds strong evidence that challenges patent validity. Thus, there is a tendency to settle disputes over patents that would have likely been invalidated in court. Fee shifting induces more early settlements, and when parties did not settle early, a higher expenditure on invalidating the patent. Our model sheds light on disputes involving patent assertion entities.

Technical Details

RePEc Handle
repec:eee:indorg:v:67:y:2019:i:c:s0167718719300633
Journal Field
Industrial Organization
Author Count
2
Added to Database
2026-01-24