“…The second point raises a question that has received a great deal of scholarly attention: why don't litigants bargain to a more efficient outcome? 9 Theorists offer three explanations: hidden information (Nalebuff, 1987; Spier, 1992), divergent expectations (Priest and Klein, 1984; Yildiz, 2004; Galasso, 2007), and asymmetric stakes or positive litigation externalities (Meurer, 1989; Siegelman and Waldfogel, 1999; Lanjouw and Lerner, 1998). Studies of patent litigation typically emphasize the second and third factors, because litigants are often sophisticated parties with detailed knowledge of the relevant technology 10…”