What to Buy When Forum Shopping? Analyzing Court Selection in Patent Litigation

Gaessler, Fabian and Lefouili, Yassine (2017) What to Buy When Forum Shopping? Analyzing Court Selection in Patent Litigation. TSE Working Paper, n. 17-775, Toulouse

[img]
Preview
Text
Download (1MB) | Preview
Official URL: http://tse-fr.eu/pub/31554

Abstract

This paper examines court selection by plaintiffs in patent litigation. We build a forum shopping model that provides a set of predictions regarding plaintiffs' court preferences, and the way these preferences depend on the market proximity between the plaintiff and the defendant. Then, using a rich dataset of patent litigation at German regional courts between 2003 and 2008, we estimate the determinants of court selection with alternative-specific conditional logit models. In line with our theoretical predictions, our empirical results show that plaintiffs prefer courts that have shorter proceedings, especially when they compete against the defendants they face. Further, we find negative effects of the plaintiff's, as well as the defendant's, distance to court on the plaintiff's court selection. Our empirical analysis also allows us to infer whether plaintiffs perceive a given court as more or less pro-patentee than another one.

Item Type: Monograph (Working Paper)
Language: English
Date: March 2017
Place of Publication: Toulouse
Uncontrolled Keywords: Litigation, patents, forum shopping, Germany
JEL codes: K41 - Litigation Process
L38 - Public Policy
O34 - Intellectual Property Rights - National and International Issues
Subjects: B- ECONOMIE ET FINANCE
Divisions: TSE-R (Toulouse)
Institution: Université Toulouse 1 Capitole
Site: UT1
Date Deposited: 17 Mar 2017 14:59
Last Modified: 07 Mar 2018 13:24
OAI ID: oai:tse-fr.eu:31554
URI: http://publications.ut-capitole.fr/id/eprint/23202

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year