Characteristics of Patent Litigation: A Window on Competition

Abstract

We thank the editor, Rob Porter, and two anonymous referees for helpful suggestions. Dietmar Harhoff, Robert Merges, Suzanne Scotchmer and Brian Wright provided constructive comments on an earlier draft. We thank Derwent and Micro-Patent for access to their data and Orli Arav for assistance in obtaining them, Sam Kortum for the data on total patenting activity, and Jonathan Putnam for extracting the matched data set and the citations information.

Institutional complementarity and inventive performance in nano science and technology

“…Some scholars have suggested that a large number of citations to others implies that the particular innovation is likely to be more derivative in nature (Lanjouw and Schankerman 2004). This is more evident when citations are within the same technological field.…”

“…4 There is sufficient evidence in the literature that the economic value of patents is associated with the number and quality of citations received in other patents (Hall, Jaffe and Trajtenberg 2005;Harhoff et al 1999;Trajtenberg 2002). Harhoff et al (2003) and Lanjouw and Schankerman (2001) have suggested a different metrics, i.e. the existence of litigation for patents, implying that patents for which assignees are willing to pay for defence against infringement, have larger economic value.…”

“…The patentee has an incentive to claim as much as possible in the application but the patent examiner may require that the claims be narrowed before granting. The number of claims could be considered an indication that an innovation is broader and of greater potential profitability (Lanjouw and Schankerman 2004).…”

“…In this paper we will not review that literature, but a broad survey can be found in Jaffe and Trajtenberg (2002). We will follow a multiple indicators approach as suggested by Hall and Trajtenberg (2004); Henderson, Jaffe and Trajtenberg (1998); Lanjouw and Schankerman (2004).…”

The Role of Patent Rights in Mergers: Consolidation in Plant Biotechnology

“…Litigation behavior itself has been studied in several papers (Waldfogel 1995, Lanjouw and Lerner 1998, Lanjouw and Schankerman 2001, Marco 2005.…”