The Role of Legal Presumptions in Patent Litigation
Posted: 8 Nov 2019 Last revised: 24 Feb 2022
Date Written: October 29, 2019
We formally analyze the effects of legal presumptions in patent litigation. We set up a novel contest model to study litigation outcomes, judgement errors, and resource dissipation under three alternative presumption criteria: a presumption that the patent is valid; a presumption that the patent is invalid; no presumption regarding validity. Our findings reveal that any legal presumption – either in favor of validity or invalidity – is preferable than a no-presumption criterion when there is high uncertainty about the patent’s objective merit.
Keywords: Patent, Litigation, Presumptions, Persuasion
JEL Classification: K41, C72, D74
Suggested Citation: Suggested Citation