On Predicting Patent Litigation

Texas Law Review See Also, Vol. 90, No. 75, 2012

Loyola-LA Legal Studies Paper 2012-05

13 Pages Posted: 9 Jan 2012 Last revised: 2 Jan 2015

Lee Petherbridge

Loyola Law School Los Angeles

Date Written: January 8, 2012

Abstract

The patent system - and information about the patent system - is becoming more available and more digitalized. One area of interest involves using newly available information to predict patent litigation - to identify patents that will in the future be litigated. If patents that will be litigated can be identified ahead of time, such identification might offer an advantage to investors and innovators that need to transact around patents. In addition, such identification might help patentees because it might make it more likely that they get paid something for their innovation, and thus might make it more likely that they recoup some of the investment made in an innovation.

This short essay raises and discusses several fundamental problems with predicting patent litigation. It may therefore be a useful source to anyone who is considering using patent document and patent file data to identify patents that will be litigated and patents that will not. Perhaps the most surprising message from the analysis is just how difficult it might be to predict patent litigation to a level sufficient to provide any real practical utility to innovators. The form of the essay is a Response.

Suggested Citation

Petherbridge, Lee, On Predicting Patent Litigation (January 8, 2012). Texas Law Review See Also, Vol. 90, No. 75, 2012; Loyola-LA Legal Studies Paper 2012-05. Available at SSRN: https://ssrn.com/abstract=1981798 or http://dx.doi.org/10.2139/ssrn.1981798

Lee Petherbridge (Contact Author)

Loyola Law School Los Angeles ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States
213-736-8194 (Phone)
213-380-3769 (Fax)

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