Patent validity and the timing of settlements

An Invalidity Strategy against Patent Barriers: Evidence from Chinese Enterprises

“…The integrated resources (i.e. IP Attache, lawyers, technicians, translators, funds, databases) based on the cooperation can assistant the foreign alleged infringer in dealing with speci cs of the proceedings like detailed retrieval, petition writing as well as expert depositions, oral hearing, while the former two are the key element in initiating a trial (Mishra et al, 2017;Sokhansanj & Rosen, 2022), the latter two determine the probability that the patent being invalid (Bar & Kalinowski, 2019). Hence, we propose the hypothesis 1a.…”

“…Second, an IPR permits a petitioner to not only le a petition, but also fully participate in the entire proceedings (i.e., additional brie ng, expert deposition, oral hearing, etc.) (Ragusa & Zhang, 2019) while research indicated that the nal verdict is in uenced by the petitioner's incentive to settle the disputes over the patent itself, the more resources invested for the invalidity, the lower the initial probability the patent is good (Bar & Kalinowski, 2019), therefore, the petitioner not only needs to but also has to participate and perform perfectly enough in each phase of the proceedings. Third, a foreign alleged infringer is strictly required to plead an invalidity counterclaim within one year after receiving service of the patent infringement compliant (Garsson & Pham, 2012), at this point, the limited time threshold further magni es the burden.…”

“…Thus, another question is posed: what is the role of DA in the relationship between AE and OC? Additionally, patent quality (PQ) also plays an important role on a foreign alleged infringer's invalidity strategy toward the infringed patent, since the petitioner has to expend more resources to nd evidences if the patent has a good quality (Bar & Kalinowski, 2019). Hence, we pose our last question: what is the role of PQ in the relationship between AE and OC?…”