Evaluating patents using damage awards of infringement lawsuits: A case study

Lai, Yi-Chun; Che, Hui-Chung

doi:10.1016/j.jengtecman.2009.06.005

Cited by 18 publications

(8 citation statements)

References 14 publications

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“…There is no clear and uniform definition for the concept of patent risk in prior research. Most of the literature discussed the risks at the institution level [4,[9][10][11][12]. There are a few instances in the literature generally describing the concept of risk from the perspectives of trade balance or project management.…”

Section: Concept Of Patent Riskmentioning

confidence: 99%

“…Choi et al (2015) proposed a strategy to construct a patent pool which was used to restrict patent infringements [20]. Usually, the damage award in patent litigation is regarded as the reference when estimating the value of patent [11]. As far as patent value is concerned, greater threat of patent litigation can push the value of the patent portfolio higher [12].…”

Section: Concept Of Patent Riskmentioning

confidence: 99%

“…Conversely, when entering developed markets, enterprises from developing countries must confront challenges such as patent lawsuits or administrative investigations into patent infringement. Examination and enforcement of patents [11] are generally regarded as basic aspects of patent protection. These aspects change depending on the patent applicants [15].…”

Section: Selection Of Criteria Layer Factorsmentioning

confidence: 99%

“…Environmental development helps to reduce patent risk. However, patent trolls have gradually emerged with the aim of obtaining vast license fees [11]. Many countries like the US take the influence of patents on technology protection seriously, but what they adopt and the Free-riding is usually the main concern among enterprises operating internationally.…”

Section: Selection Of Criteria Layer Factorsmentioning

confidence: 99%

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Sustainable Technology Innovation Path Recognition: An Evaluation of Patent Risk of International Trade

Zhang

Zheng

et al. 2019

Sustainability

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Patent protection is a critical aspect of sustainable technology innovation, which is currently facing the challenge of patent risk. This study aimed to help enterprises prevent and avoid patent risk in a global view of technology innovation, and to propose a systematic evaluation model for patent risk. By combining the entropy method with the analytic hierarchy process (AHP), this study constructed an analytic hierarchy model of patent risk. Some indexes in the model were selected based on the summary of prior literature, and other indexes were selected according to experts’ communication, which helped us to generalize the patent risk as comprehensively as possible. The AHP evaluation results determined the weight and relative materiality for each risk factor, which were contained in a criteria layer and a sub-criteria layer. The entropy method integrated the evaluation weights of different experts’ opinions. By dividing the risk factors into three categories, namely “high”, “medium”, or “low”, according to the priority degree, the risk priority ranking was obtained. Suggestions are discussed regarding support for enterprises in dealing with patent risk that may occur during international trade or other commercial activities.

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Section: Concept Of Patent Riskmentioning

confidence: 99%

Section: Concept Of Patent Riskmentioning

confidence: 99%

Section: Selection Of Criteria Layer Factorsmentioning

confidence: 99%

Section: Selection Of Criteria Layer Factorsmentioning

confidence: 99%

See 2 more Smart Citations

Sustainable Technology Innovation Path Recognition: An Evaluation of Patent Risk of International Trade

Zhang

Zheng

et al. 2019

Sustainability

View full text Add to dashboard Cite

show abstract

“…Because the legal relationship between industries has become more complicated as the distinctions between digital products are disappearing as technologies converge and overlap [4,5,6]. It is evident in drastic increase in patent litigations resulting from the firm's recognition of patent as essential element of intellectual property and its efforts to generate further benefits [7]. In 2000, the United States Patent Trademark Office (USPTO) granted about 180,000 patents.…”

Section: Introductionmentioning

confidence: 99%

Analysis of the Relationship between Patent Litigation and Citation: Subdivision of Citations

Lim¹

2014

Appl. Math. Inf. Sci.

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Abstract:Recent examples of patent litigation show the evidence of firms strategic patent use. Thus forecasting patent litigation becomes a greater priority. Patent citations have been prevalent in its usage in analyzing business environment as diverse patent indicators or a tool to predict patent litigation. However, most previous research has considered only direct patent citations. In order to overcome the limitation, this study analyzes patent litigation quantitatively through three kinds of patent citations: direct, indirect and latent citation, and empirically analyzed the relationship between these citations and patent litigation between plaintiff and defendant firms based on U.S. patent documents and patent litigation information. Consequently, this study found that the indirect citation is more by 7% than direct citations to patent litigation. In addition, latent citation is 8% higher in frequency compared with the number of litigations in in/direct citation relationship. Therefore, these results indicate that various approach for patent citation can provide more information for forecasting patent litigation.

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Patent infringement analysis using a text mining technique based on SAO structure

Kim

Yoon

2021

Computers in Industry

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Evaluating patents using damage awards of infringement lawsuits: A case study

Cited by 18 publications

References 14 publications

Sustainable Technology Innovation Path Recognition: An Evaluation of Patent Risk of International Trade

Sustainable Technology Innovation Path Recognition: An Evaluation of Patent Risk of International Trade

Analysis of the Relationship between Patent Litigation and Citation: Subdivision of Citations

Patent infringement analysis using a text mining technique based on SAO structure

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