SDIPLA Home Page 2018-02-14T12:33:15+00:00
  • Topic: Empirical Studies of PAEs
  • Speaker: David L. Schwartz, Professor of Law, Northwestern Pritzker School of Law
  • Date: March 1, 2018
  • Time: 6:00 pm
  • Location: Morrison & Foerster LLP, 12531 High Bluff Dr # 100, San Diego, CA 92130

The press commonly reports about patent assertion entities (PAEs), also known as patent “trolls” or non-practicing entities (NPEs). Most stories involve PAEs behaving badly in litigation by bringing frivolous patent infringement suits and seeking nuisance fee settlements. But does the data support that many or most PAEs behave like this? By carefully studying the dockets from all patent litigation, we empirically investigate how different types of patentees litigate. We also empirically study “patent privateers,” a hybrid type of PAE that obtains patent enforcement rights from practicing entities, and then shares the earnings with the original patent holder.

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