
handle: 10419/123188 , 10086/27473
AbstractThis article develops a model of patent trolls to understand various litigation strategies employed by nonpracticing entities (NPEs). When an NPE faces multiple potential infringers who use related technologies, it can gain a credible threat to litigate even when it has no such credibility vis‐à‐vis any single potential infringer in isolation. This is due to an information externality generated by an early litigation outcome for subsequent litigation. Successful litigation creates an option value against future potential infringers through Bayesian updating. We discuss policy implications including legal fee shifting and the use of injunctive relief.
Economics and Econometrics, patent troll, Production theory, theory of the firm, patent litigation, 2002 Economics and Econometrics, nonpracticing firms, L13, litigation strategies, ddc:330, non-practicing entities, O30, patent portfolios, patent trolls, patent portfolios, patent litigation, non-practicing entities, patent troll, D43, jel: jel:D43, jel: jel:O3, jel: jel:O30, jel: jel:L13
Economics and Econometrics, patent troll, Production theory, theory of the firm, patent litigation, 2002 Economics and Econometrics, nonpracticing firms, L13, litigation strategies, ddc:330, non-practicing entities, O30, patent portfolios, patent trolls, patent portfolios, patent litigation, non-practicing entities, patent troll, D43, jel: jel:D43, jel: jel:O3, jel: jel:O30, jel: jel:L13
| selected citations These citations are derived from selected sources. This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | 21 | |
| popularity This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network. | Top 10% | |
| influence This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | Top 10% | |
| impulse This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network. | Top 10% |
