Abstract

http://ssrn.com/abstract=1770505
 


 



When Foreigners Infringe Patents: An Empirical Look at the Involvement of Foreign Defendants in Patent Litigation in the U.S.


Marketa Trimble


University of Nevada, Las Vegas, William S. Boyd School of Law

January 29, 2011

Santa Clara Computer and High Technology Law Journal, Vol. 27, No. 3, 2011
UNLV William S. Boyd School of Law Legal Studies Research Paper

Abstract:     
This paper presents results from a multiple-year project concerned with the involvement of foreign (non-U.S.) entities in U.S. patent litigation. A comparison of data from 2004 and 2009 that cover 5,407 patent cases filed in U.S. federal district courts in those two years evidences an increase in the number of cases involving foreign defendants, and thus an increasing potential for cross-border enforcement problems. With this basic finding the research supports the proposition advanced by a number of intellectual property scholars in the U.S. and abroad that rules need to be established to facilitate a smooth process for recognition and enforcement of foreign judgments in intellectual property cases. The research fills a significant gap in the existing literature, which has relied so far on only isolated individual cases to illustrate cross-border enforcement problems; comprehensive empirical evidence has not existed to show a growing need for improved rules for recognition and enforcement. In addition to providing this missing evidence the paper uses data concerning the involvement of foreign defendants to reveal remarkable facts about the changing landscape of patent litigation in the U.S.

Number of Pages in PDF File: 52

Keywords: Patent, Litigation, Statistics, ANDA, NDA, Infringement, Cross-Border Litigation, International Law, Intellectual Property, Eastern District of Texas, Non-Practicing Entities

Accepted Paper Series


Download This Paper

Date posted: February 27, 2011 ; Last revised: April 10, 2012

Suggested Citation

Trimble, Marketa, When Foreigners Infringe Patents: An Empirical Look at the Involvement of Foreign Defendants in Patent Litigation in the U.S. (January 29, 2011). Santa Clara Computer and High Technology Law Journal, Vol. 27, No. 3, 2011; UNLV William S. Boyd School of Law Legal Studies Research Paper . Available at SSRN: http://ssrn.com/abstract=1770505

Contact Information

Marketa Trimble (Contact Author)
University of Nevada, Las Vegas, William S. Boyd School of Law ( email )
4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,171
Downloads: 214
Download Rank: 82,425
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.391 seconds