Law Commons^™

The patent system is usually described in terms of opposites, like producers versus trolls or software versus pharma. But the reality is a far more complex set of layers, including enforcers, patentees, and technology. This study of twenty-five years of patent litigation by highly litigious non-practicing entities and randomly selected plaintiffs explores each of these layers and shows ways that enforcement, patenting, and technology interact with each others.

Data related to more than one thousand patent outcomes in more than two thousand cases leads to some surprising findings. For example, while the litigious NPEs enforced many patents from product companies …