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Full-Text Articles in Law
The Rise Of Contingent Fee Representation In Patent Litigation, David Schwartz
The Rise Of Contingent Fee Representation In Patent Litigation, David Schwartz
David L. Schwartz
No abstract provided.
Rules Versus Standards: Competing Notions Of Inconsistency Robustness In Patent Law, David S. Olson, Stefania Fusco
Rules Versus Standards: Competing Notions Of Inconsistency Robustness In Patent Law, David S. Olson, Stefania Fusco
David S. Olson
This Article applies a new paradigm from the field of computer science—inconsistency robustness (IR)—in order to analyze the competing ways in which the Supreme Court and Federal Circuit craft patent law standards and rules. The IR paradigm is a shift from the previous paradigm of inconsistency elimination. The new IR paradigm recognizes that modern, complex information systems must perform notwithstanding persistent and continuous inconsistencies. The focus on IR encourages system designers to recognize the reality of persistent inconsistency when building robust systems that can perform reliably. Legal systems regularly process a great deal of complexity and inconsistency, and thus, by …
Patent Contingent Fee Litigation, David Schwartz
Patent Contingent Fee 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
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 …
America's First Patents, Michael Risch
America's First Patents, Michael Risch
Michael Risch
Courts and commentators vigorously debate early American patent history because of a spotty documentary record. To fill these gaps, scholars have examined the adoption of the Intellectual Property Clause of the Constitution, correspondence, dictionaries, and British and colonial case law. But there is one largely ignored body of information — the content of early patents themselves. While many debate what the founders thought, no one asks what early inventors thought — and those thoughts are telling. This Article is the first comprehensive examination of how early inventors and their patents should inform our current thoughts about the patent system. To …
Patent Troll Myths, Michael Risch
Patent Troll Myths, Michael Risch
Michael Risch
It turns out that just about everything we thought about patent trolls – good or bad – is wrong. Using newly gathered data, this article presents an ethnography of sorts about highly litigious non-practicing entity (NPE) plaintiffs. The results are surprising: they show that the conventional wisdom about patent trolls is likely based on anecdotal, but infrequently occurring, events. Instead, the patents enforced by so-called trolls – and the companies that obtained them – look a lot like other litigated patents and their owners. To be sure, whether an NPE qualifies as a troll depends on who is doing the …