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Paving the Path to Accurately Predicting Legal Outcomes: A Comment on Professor Chien’s Predicting Patent LitigationJay P. KesanUniversity of Illinois College of Law David L. SchwartzIllinois Institute of Technology - Chicago-Kent College of Law Ted M. SichelmanUniversity 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 SeriesDate posted: January 18, 2012 ; Last revised: April 19, 2012Suggested CitationContact Information
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