Law Commons^™

Our Divided Patent System (With J. Allison & M. Lemley) (Forthcoming), David Schwartz

David L. Schwartz

No abstract provided.

Global Issues In Intellectual Property Law, Amy Landers, Michael Mireles, John Cross, Peter Yu

Amy L. Landers

This book is designed to facilitate the introduction of international, transnational, and comparative law issues into a domestic Intellectual Property course. The book is very accessible for law students and their professors. The book can be assigned or recommended as optional reading to supplement a domestic-only course to advance the students' understanding of their own system.

Understanding The Realities Of Modern Patent Litigation, In Symposium, Steps Toward Evidence-Based Ip (With J. Allison & M. Lemley), David Schwartz

David L. Schwartz

No abstract provided.

Unpacking Patent Assertion Entities (With J. Kesan & C. Cotropia) (Forthcoming), David Schwartz

David L. Schwartz

No abstract provided.

On Mass Patent Aggregators: A Response To Mark A. Lemley & A. Douglas Melamed’S Missing The Forest For The Trolls, David Schwartz

David L. Schwartz

No abstract provided.

Standards Of Proof In Civil Litigation: An Experiment From Patent Law (With C. Seaman), David Schwartz

David L. Schwartz

Standards of proof are widely assumed to matter in litigation. They operate to allocate the risk of error between litigants, as well as to indicate the relative importance attached to the ultimate decision. But despite their perceived importance, there have been relatively few empirical studies testing jurors’ comprehension and application of standards of proof, particularly in civil litigation.

Patent law recently presented an opportunity to assess the potential impact of varying the standard of proof in civil cases. In Microsoft Corp. v. i4i Limited Partnership, the Supreme Court held that a patent’s presumption of validity can only be overcome by …

The Rise Of Contingent Fee Representation In Patent Litigation, David Schwartz

David L. Schwartz

No abstract provided.

Paving The Path To Accurately Predicting Legal Outcomes: A Comment On Professor Chien's Predicting Patent Litigation (With J. Kesan & T. Sichelman), David Schwartz

David L. Schwartz

No abstract provided.

Analyzing The Role Of Npes In The Patent System (With J. Kesan), David Schwartz

David L. Schwartz

Currently, there is an important debate about the role of non-practicing entities in patent litigation. People are asking: what are the costs and benefits associated with NPE litigation? Are they too high, too low, or just right? This paper makes two contributions to the discussion. First, we review a recent study, "The Direct Costs of NPE Disputes," by James Bessen and Michael J. Meurer. The study presents new data on the litigation costs and settlement expenses incurred by a subset of defendants in NPE cases. Some of their findings are provocative, but we find their methodology to be deficient in …

Patent Infringement Remedies, Lawrence M. Sung

Lawrence M. Sung

An accurate determination of patent infringement liability, whether during litigation or as part of pre-litigation risk management and business decision making, depends on not only the probability of infringement, but also the potential damages exposure. Accordingly, a keen understanding of the applicable patent infringement remedies and their quantitative measure is critical to both patent owners and competitors alike to establish an informed calculus of prudent business options in the litigation settlement and litigation avoidance contexts.

Courting Specialization: An Empirical Study Of Claim Construction Comparing Patent Litigation Before Federal District Courts And The International Trade Commission, David Schwartz

David L. Schwartz

No abstract provided.

Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David Schwartz

David L. Schwartz

No abstract provided.