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Full-Text Articles in Law
Unpacking Patent Assertion Entities (Paes), Christopher A. Cotropia
Unpacking Patent Assertion Entities (Paes), Christopher A. Cotropia
Law Faculty Publications
In Part I, we explain several theories on why PAEs are beneficial or detrimental to the patent system. These theories outline distinct categories of patent holders who enforce their patents. Transforming the distinct categories into a coding scheme, we detail in Part II the methodology we used to generate the dataset. Part III provides descriptive statistics of 2010 and 2012 patent litigation. We discuss implications of the data, including points of disagreement between our data and the data of others, in Part IV. We also describe some areas of future study, many of which we are presently undertaking. Finally, we …
Patent Law In The Service Of Innovation: The Danger Of "Patent Trolls", Marketa Trimble
Patent Law In The Service Of Innovation: The Danger Of "Patent Trolls", Marketa Trimble
Boyd Briefs / Road Scholars
UNLV's Academic Achievement Gala is a campus-wide event that celebrates the scholarly and creative accomplishments of the university's faculty over the academic year. Prof. Trimble was chosen to have her empirical research on patent litigation showcased at 2014's Academic Achievement Gala. This poster, which was on display at the gala, provides an overview of Prof. Trimble's research on patent trolls.
Foreigners In U.S. Patent Litigation: An Empirical Study Of Patent Cases Filed In Nine U.S. Federal District Courts In 2004, 2009, And 2012 (Presentation), Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble presented these materials at PatCon 4, a conference hosted by the University of San Diego School of Law. Professor Trimble discussed the results of her empirical study of patent litigation involving foreign parties.
Foreigners In U.S. Patent Litigation: An Empirical Study Of Patent Cases Filed In Nine U.S. Federal District Courts In 2004, 2009, And 2012, Marketa Trimble
Foreigners In U.S. Patent Litigation: An Empirical Study Of Patent Cases Filed In Nine U.S. Federal District Courts In 2004, 2009, And 2012, Marketa Trimble
Scholarly Works
One of the greatest challenges facing patent holders is the enforcement of their rights against foreign (non-U.S.) infringers. Jurisdictional rules can prevent patent holders from filing patent infringement suits where they have the greatest likelihood of success in enforcement, such as where the infringer is located, has his seat, or holds his assets; instead, patent holders must file lawsuits in the country where the infringed patent was issued. But filing a patent lawsuit in a U.S. court against a non-U.S. infringer may be subject to various difficulties associated with the fact that U.S. substantive patent law (particularly as regards its …
Patents At Issue: The Data Behind The Patent Troll Debate, Jonathan H. Ashtor, Michael J. Mazzeo, Samantha Zyontz
Patents At Issue: The Data Behind The Patent Troll Debate, Jonathan H. Ashtor, Michael J. Mazzeo, Samantha Zyontz
Faculty Scholarship
The debate over "patent trolls"' is raging at full tilt and its fury is stoked by fundamental questions about patent assertion. Both sides are struggling to understand which patent assertion practices are consistent with the purpose of patent rights and which are abusive and result in net social costs. This Article addresses patent assertion concretely through empirical analysis of actual infringement awards. In particular, this Article studies all awards granted for findings of patent infringement in U.S. district courts between 1995 and 2011, and, with targeted analyses, focuses on cases involving patent assertion entities ("PAEs"). This Article specifically investigates certain …