Patent Assertion Entities in Europe

Love, Brain J.; Helmers, Christian; Gaessler, Fabian; Ernicke, Maximilian

doi:10.1017/9781316415887.007

Cited by 42 publications

(15 citation statements)

References 30 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Born essentially as an ICT phenomenon, today PAEs are spreading their activities toward other high‐tech sectors. Also in terms of the geographical scope, things are changing; traditionally, PAEs have been operating mainly in the United States but, as we have documented, they are becoming now more active in Europe (Love et al ., ) and, recently, also in China (Robinson, ). In Europe, the prospect of the establishment of a unitary patent system and the associated activation of a unitary patent court is also opening promising lines of research.…”

Section: Concluding Remarks and Future Researchmentioning

confidence: 94%

“…In Europe, the prospect of the establishment of a unitary patent system and the associated activation of a unitary patent court is also opening promising lines of research. Once implemented, the new regime will represent a genuine game changer; it will coexist with the other routes companies may follow in order to apply for patent protection, opening new opportunities for firms’ patenting strategies (Love et al ., ). One of the most intriguing questions regards the effects of the change in the regulatory framework on PAEs activities.…”

Section: Concluding Remarks and Future Researchmentioning

confidence: 97%

“…In Europe, PAEs appear to constitute a less pervasive phenomenon; according to Love et al . (), in the United Kingdom (years 2000–2013) and in Germany (years 2000–2008) PAEs were responsible for about 10% of the patent lawsuits. The legal fragmentation of patent protection under the existing European patent system discourages PAEs from carrying out assertion activity on a pan‐European scale.…”

Section: The Market For Ict Patentsmentioning

confidence: 99%

See 2 more Smart Citations

The Role of Patents in Information and Communication Technologies: A Survey of the Literature

Comino

Manenti

Thumm

2018

Journal of Economic Surveys

View full text Add to dashboard Cite

During the last few decades, the number of patents in information and communication technologies has increased considerably. An increasing number of patents and the associated fragmentation of IP rights have generated a series of potentially problematic consequences. Patent thickets, royalty stacking, the emergence of patent assertion entities, increased patent litigationparticularly around standard essential patents -and the difficulties with defining fair, reasonable, and nondiscriminatory licensing terms are some of the most debated issues in the literature that we review in this paper. We devote a specific section of our survey to patent quality, currently one of the most debated issues surrounding the patent system. In our analysis, we mix theoretical and empirical arguments with a more policy-oriented reasoning. This allows us to better position the different issues in the relevant political and economic context.

show abstract

Section: Concluding Remarks and Future Researchmentioning

confidence: 94%

Section: Concluding Remarks and Future Researchmentioning

confidence: 97%

Section: The Market For Ict Patentsmentioning

confidence: 99%

See 1 more Smart Citation

The Role of Patents in Information and Communication Technologies: A Survey of the Literature

Comino

Manenti

Thumm

2018

Journal of Economic Surveys

View full text Add to dashboard Cite

show abstract

“…Further legislative patent reforms have been considered by the US Congress, but have stalled thus far. Moreover, most of the recent policy discussions have focused on rules imposing ex post cost shifting-plaintiffs that lose patent lawsuits would be required to pay defendants' legal fees, as they are in the UK and elsewhere (Helmers et al, 2013;Love et al, 2017). Because many defendants (e.g., small startups) cannot afford to see cases through to completion, it is not clear how much fee shifting policies will affect outcomes (Klemperer, 2003).…”

Section: Intellectual Propertymentioning

confidence: 99%

An Invitation to Market Design

2017

View full text Add to dashboard Cite

Market design seeks to translate economic theory and analysis into practical solutions to real-world problems. By redesigning both the rules that guide market transactions and the infrastructure that enables those transactions to take place, market designers can address a broad range of market failures. In this paper, we illustrate the process and power of market design through three examples: the design of medical residency matching programs; a scrip system to allocate food donations to food banks; and the recent "Incentive Auction" that reallocated wireless spectrum from television broadcasters to telecoms. Our lead examples show how effective market design can encourage participation, reduce gaming, and aggregate information, in order to improve liquidity, efficiency, and equity in markets. We also discuss a number of fruitful applications of market design in other areas of economic and public policy.

show abstract

“…PAE activity is significant in Europe as well. One recent study finds that PAEs accounted for approximately 19% of patent assertions between 2000 and 2008 in Germany and 9% of patent assertions between 2000 and 2013 in England and Wales [9]. Additional questions regarding PAE assertions in Europe arise with the approach of EU-wide injunctions under the new Unified Patent Court (UPC) system which could come into force soon [19] [20].…”

Section: Introductionmentioning

confidence: 99%