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Full-Text Articles in Law
Our Divided Patent System (With J. Allison & M. Lemley) (Forthcoming), David Schwartz
Our Divided Patent System (With J. Allison & M. Lemley) (Forthcoming), David Schwartz
David L. Schwartz
No abstract provided.
Analyzing The Role Of Non-Practicing Entities In The Patent System (With J. Kesan), David Schwartz
Analyzing The Role Of Non-Practicing Entities In The Patent System (With J. Kesan), David Schwartz
David L. Schwartz
No abstract provided.
Retroactivity At The Federal Circuit, David Schwartz
Retroactivity At The Federal Circuit, David Schwartz
David L. Schwartz
No abstract provided.
Understanding The Realities Of Modern Patent Litigation, In Symposium, Steps Toward Evidence-Based Ip (With J. Allison & M. Lemley), David Schwartz
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
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
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.
The Complex And Debated Role Of Npes In The Patent System (With J. Kesan), David Schwartz
The Complex And Debated Role Of Npes In The Patent System (With J. Kesan), David Schwartz
David L. Schwartz
No abstract provided.
Standards Of Proof In Civil Litigation: An Experiment From Patent Law (With C. Seaman), David Schwartz
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
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.
The End Of An Epithet? An Exploration Of The Use Of Legal Scholarship In Intellectual Property Decisions (With L. Petherbridge) (Symposium), David Schwartz
The End Of An Epithet? An Exploration Of The Use Of Legal Scholarship In Intellectual Property Decisions (With L. Petherbridge) (Symposium), 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 …
The Use Of Legal Scholarship By The Federal Courts Of Appeals: An Empirical Study (With L. Petherbridge), David Schwartz
The Use Of Legal Scholarship By The Federal Courts Of Appeals: An Empirical Study (With L. Petherbridge), David Schwartz
David L. Schwartz
No abstract provided.
Book Review: David Hricik, Patent Ethics: Litigation, David Schwartz
Book Review: David Hricik, Patent Ethics: Litigation, David Schwartz
David L. Schwartz
No abstract provided.
Explaining The Demise Of The Doctrine Of Equivalents, David Schwartz
Explaining The Demise Of The Doctrine Of Equivalents, David Schwartz
David L. Schwartz
No abstract provided.
Legal Scholarship And The United States Court Of Appeals For The Federal Circuit: An Empirical Study Of A National Circuit (With L. Petherbridge), David Schwartz
David L. Schwartz
It is conventional wisdom that the United States Court of Appeals for the Federal Circuit, a court whose jurisdiction is defined by subject matter rather than by geography, is less likely than other circuit courts of appeals to use legal scholarship in its decision-making. This common belief is regularly used to substantiate a well-worn criticism of the Federal Circuit specifically, and of national courts generally; namely, that they are substantially more insular and somehow less intellectually curious than the regional circuit courts of appeals. We were therefore very surprised to find how little empirical support the conventional wisdom finds in …
Patent Claim Construction In The Federal Circuit (Co-Editor)., David Schwartz
Patent Claim Construction In The Federal Circuit (Co-Editor)., David Schwartz
David L. Schwartz
No abstract provided.
Legal Scholarship And The United States Court Of Appeals For The Federal Circuit: An Empirical Study Of A National Circuit (With L. Petherbridge; Forthcoming), David Schwartz
David L. Schwartz
No abstract provided.
Legal Scholarship And The United States Court Of Appeals For The Federal Circuit: An Empirical Study Of A National Circuit (Forthcoming), David Schwartz
Legal Scholarship And The United States Court Of Appeals For The Federal Circuit: An Empirical Study Of A National Circuit (Forthcoming), David Schwartz
David L. Schwartz
No abstract provided.
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
Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David Schwartz
David L. Schwartz
No abstract provided.