Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Entire DC Network
Optimal Patent Jurisprudence, Scott Baker, Claudio Mezzetti
Optimal Patent Jurisprudence, Scott Baker, Claudio Mezzetti
Scholarship@WashULaw
We model judicial learning about optimal patent policy. The court is infinitely lived; the plaintiff and defendant are short lived. Litigated cases provide the court with information about the optimal rule. Different cases provide different sorts of information. Opinions influence the stream of future cases likely to be litigated and, as a result, change the flow of information to the court. In structuring opinions, courts make decisions whether to learn fast or slow. We have three main results. First, patent law will stabilize even if the court places zero value on the "predictability" of legal rules. Second, path dependence of …