Abstract

http://ssrn.com/abstract=1987258
 


 



Paving the Path to Accurately Predicting Legal Outcomes: A Comment on Professor Chien’s Predicting Patent Litigation


Jay P. Kesan


University of Illinois College of Law

David L. Schwartz


Illinois Institute of Technology - Chicago-Kent College of Law

Ted M. Sichelman


University of San Diego School of Law

January 17, 2012

Texas Law Review See Also, Vol. 90, pp. 97-109, 2012
San Diego Legal Studies Paper No. 12-079
Illinois Public Law Research Paper No. 11-12
Illinois Program in Law, Behavior and Social Science Paper No. LBSS12-09

Abstract:     
Professor Colleen Chien recently developed an innovative and important model that relies on a patent's "after-acquired" characteristics to predict the chances that the patent will be involved in litigation. This comment critiques Professor Chien's model by identifying certain weaknesses, including that its dataset is limited to 1990 patents and its sample size may be too small to be sufficiently representative, as well as a number of endogeneity concerns. Additionally, we seek a more precise definition of data regarding the patent owner, further categorization of reexamination data, and research into the timing of transfer. Finally, we question her policy recommendations given these weaknesses and propose areas of further inquiry.

Number of Pages in PDF File: 15

Keywords: patent litigation, predicting, patent, federal circuit, outcomes, empirical

JEL Classification: O31, O34

Accepted Paper Series


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Date posted: January 18, 2012 ; Last revised: April 19, 2012

Suggested Citation

Kesan, Jay P. and Schwartz, David L. and Sichelman, Ted M., Paving the Path to Accurately Predicting Legal Outcomes: A Comment on Professor Chien’s Predicting Patent Litigation (January 17, 2012). Texas Law Review See Also, Vol. 90, pp. 97-109, 2012; San Diego Legal Studies Paper No. 12-079; Illinois Public Law Research Paper No. 11-12; Illinois Program in Law, Behavior and Social Science Paper No. LBSS12-09. Available at SSRN: http://ssrn.com/abstract=1987258

Contact Information

Jay P. Kesan
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
217-333-7887 (Phone)
217-244-1478 (Fax)
HOME PAGE: http://www.jaykesan.com
David L. Schwartz (Contact Author)
Illinois Institute of Technology - Chicago-Kent College of Law ( email )
565 W. Adams St.
Chicago, IL 60661-3691
United States

Ted M. Sichelman
University of San Diego School of Law ( email )
5998 Alcala Park
San Diego, CA 92110-2492
United States
(619) 260-7512 (Phone)
(619) 260-2748 (Fax)
HOME PAGE: http://www.sandiego.edu/law/academics/faculty/bio.php?id=795
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