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How Valuable are the Patents Behind Section 337 Cases?

15 Pages Posted: 26 May 2004  

Catherine Y. Co

University of Nebraska at Omaha - Department of Economics

Abstract

A US patent protects the owner of the intellectual property from imitators producing in the US and foreign imitators selling in the US market. There are two venues for filing infringement cases against international infringement of US patents, with the International Trade Commission (ITC) using Section 337 of the Tariff Act of 1930 or with federal district courts. Three indicators of patent value suggest that patents litigated under Section 337 are on average more valuable; however, their values tend to be more variable. The latter suggests that some firms may be using Section 337 not for protection against international infringement of US patents but for protection against imports.

Suggested Citation

Co, Catherine Y., How Valuable are the Patents Behind Section 337 Cases?. The World Economy, Vol. 27, No. 4, pp. 525-539, April 2004. Available at SSRN: https://ssrn.com/abstract=538203

Catherine Yap Co (Contact Author)

University of Nebraska at Omaha - Department of Economics ( email )

College of Business Administration
60th and Dodge Streets
Omaha, NE 68182
United States
402-554-2805 (Phone)
402-554-3747 (Fax)

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