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Litigation

Settlements

2006

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Full-Text Articles in Law

How Are Patent Cases Resolved? An Empirical Examination Of The Adjudication And Settlement Of Patent Disputes, Jay P. Kesan, Gwendolyn G. Ball Jan 2006

How Are Patent Cases Resolved? An Empirical Examination Of The Adjudication And Settlement Of Patent Disputes, Jay P. Kesan, Gwendolyn G. Ball

Washington University Law Review

From an institutional perspective, the patent system is a two-stage bargain. At the first stage, the U.S. Patent and Trademark Office (PTO) grants patent rights to inventors after conducting an examination of the prior art and of the patent application to determine whether the requirements for patentability are met. At the next stage, in order to enforce their issued patent rights, patentees have to resort to the federal courts with an action for patent infringement. This Article is organized as follows. Part II reviews the previous literature on patent litigation. Part III describes our methodology for collecting data on ...