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
39 Pages Posted: 26 Sep 2015 Last revised: 13 May 2017
Date Written: September 25, 2015
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
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