Love, Brian, Lefouili, Yassine and Helmers, Christian (2020) Do Standard-Essential Patent Owners Behave Opportunistically? Evidence from U.S. District Court Dockets. TSE Working Paper, n. 20-1160, Toulouse

[thumbnail of wp_tse_1160.pdf]
Download (556kB) | Preview


Do owners of standard-essential patents (SEPs) "holdup" companies that produce standard-compliant products? To explore this question, we use detailed information from the dockets of all U.S. patent cases filed 2010-2019 that assert or challenge SEPs to construct measures of opportunistic conduct by SEP licensors, including actions that took place before the lawsuit was filed. We find evidence of opportunistic behavior by the SEP enforcer in at least 75% of SEP assertions in court, and we analyze various factors that determine which opportunistic behaviors SEP enforcers rely on. We also show that opportunistic behavior can affect case outcomes, although the effect on settlement is ambiguous. Some behaviors increase the likelihood of a settlement, while others decrease it.

Item Type: Monograph (Working Paper)
Language: English
Date: November 2020
Place of Publication: Toulouse
Uncontrolled Keywords: Litigation, standards, patents, holdup, U.S.
JEL Classification: K41 - Litigation Process
O30 - General
Divisions: TSE-R (Toulouse)
Institution: Université Toulouse 1 Capitole
Site: UT1
Date Deposited: 26 Nov 2020 15:08
Last Modified: 13 Mar 2021 12:27
OAI Identifier:
View Item


Downloads per month over past year