Invalid but infringed? An analysis of the bifurcated patent litigation system

Cremers, Katrin, Gaessler, Fabian, Harhoff, Dietmar, Helmers, Christian and Lefouili, Yassine (2016) Invalid but infringed? An analysis of the bifurcated patent litigation system. TSE Working Paper, n. 16-698

WarningThere is a more recent version of this item available.
[img]
Preview
Text
Download (473kB) | Preview
Official URL: http://tse-fr.eu/pub/30845

Abstract

In bifurcated patent litigation systems, claims of infringement and validity of a patent are decided independently of each other in separate court proceedings at different courts. In non-bifurcated systems, infringement and validity are decided jointly in the same proceedings at a single court. We build a model that shows the key trade-off between bifurcated and non-bifurcated systems and how it affects the incentives of plaintiffs and defendants in patent infringement cases. Using detailed data on patent litigation cases in Germany (bifurcated) and the U.K. (non-bifurcated), we show that bifurcation creates situations in which a patent is held infringed that is subsequently invalidated. We also show that having to challenge a patent’s validity in separate court proceedings under bifurcation implies that alleged infringers are less likely to do so. We find this to apply in particular to more resource-constrained alleged infringers. Finally, we find parties to be more likely to settle in a bifurcated system.

Item Type: Monograph (Working Paper)
Language: English
Date: September 2016
Uncontrolled Keywords: Litigation, patents, bifurcation
Subjects: B- ECONOMIE ET FINANCE
Divisions: TSE-R (Toulouse)
Institution: Universite Toulouse 1 Capitole
Site: UT1
Date Deposited: 21 Sep 2016 07:43
Last Modified: 21 Mar 2018 14:10
OAI ID: oai:tse-fr.eu:30845
URI: http://publications.ut-capitole.fr/id/eprint/22375

Available Versions of this Item

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year