Research Handbook on the Economics of Intellectual Property Law, P. Menell, D. Schwartz & B. Depoorter (eds), Edward Elgar Publishing, Forthcoming
U Iowa Legal Studies Research Paper No. 17-18
Loyola Law School, Los Angeles Legal Studies Research Paper No. 2016-16
37 Pages Posted: 28 Apr 2016 Last revised: 27 Mar 2017
Date Written: April 21, 2016
Although the action for infringement is at the heart of the incentive structure established by the patent laws, research concerning it is remarkably incomplete. Many studies focus on the counting of litigation outcomes. As a consequence, much existing work shines limited light on basic theoretical and doctrinal questions surrounding the action for infringement. Nevertheless, there is a perceptible trend in more recent studies toward relating outcomes to case and other real-world variables. This development offers an added a level of descriptive granularity to observations, and such approaches may in time come to support greater theoretical evaluation of patent law and policy. At a minimum these newer observations help to suggest areas for future work that legal scholars may find worth pursuing. Here, we review the teachings of existing studies that address patent infringement, and offer some thoughts about areas suitable for future research.
Keywords: Patents, Empirical Studies, Review
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