Download this Paper Open PDF in Browser

Empirical Studies Relating to Patents--Remedies

Research Handbook on the Economics of Intellectual Property Law, P. Menell, D. Schwartz & B. Depoorter (eds), Edward Elgar Publishing, Forthcoming

Minnesota Legal Studies Research Paper No. 15-31

U of Texas Law, Law and Econ Research Paper 563

39 Pages Posted: 26 Sep 2015 Last revised: 13 May 2017

Thomas F. Cotter

University of Minnesota Law School

John M. Golden

University of Texas at Austin - School of Law

Date Written: September 25, 2015

Abstract

This chapter from the forthcoming Research Handbook on the Economics of Intellectual Property Law surveys the empirical literature on patent remedies. Part I discusses the literature on injunctions, beginning with an overview of legal doctrine and economic debates over “property rules” versus “liability rules,” and concluding with a summary of empirical studies that examine the frequency and circumstances of injunction grants or the nature of injunctions’ content and scope. Part II discusses the literature on patent damages, beginning with an overview of the law and economics of damages before proceeding to a review of the empirical literature on the prevalence of different types of damages, damages amounts, and possible explanations for damages outcomes. Part III briefly discusses other remedies, including declaratory judgments, for which there appears to be little relevant empirical literature. The Conclusion suggests possible avenues for future research.

Keywords: Patents, Remedies, Empirical Studies, Injunctions, Preliminary Injunctions, Damages, FRAND, RAND, Standard-Essential Patents, Royalties, Lost Profits

Suggested Citation

Cotter, Thomas F. and Golden, John M., Empirical Studies Relating to Patents--Remedies (September 25, 2015). Research Handbook on the Economics of Intellectual Property Law, P. Menell, D. Schwartz & B. Depoorter (eds), Edward Elgar Publishing, Forthcoming; Minnesota Legal Studies Research Paper No. 15-31; U of Texas Law, Law and Econ Research Paper 563. Available at SSRN: https://ssrn.com/abstract=2665680

Thomas Cotter (Contact Author)

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States
612-624-7527 (Phone)

John Golden

University of Texas at Austin - School of Law ( email )

School of Law
727 East Dean Keeton Street
Austin, TX 78705
United States
(512) 232-1469 (Phone)

Paper statistics

Downloads
293
Rank
88,288
Abstract Views
946