February 2018
Lemley, Mark and Simcoe, Timothy

How Essential Are Standard-Essential Patents?

Courts, commentators, and companies have devoted enormous time and energy to the problem of standard-essential patents (SEPs) – patents that cover (or at least are claimed to cover) industry standards. With billions of dollars at stake, there has been a great deal of litigation and even more...Read More

October 8, 2017

Heterogeneity Among Patent Plaintiffs: An Empirical Analysis of Patent Case Progression, Settlement, and Adjudication

Abstract This article empirically studies current claims that patent assertion entities (PAEs), sometimes referred to as ‘patent trolls’ or non-practicing entities (NPEs), behave badly in litigation by bringing frivolous patent infringement suits and seeking nuisance fee settlements. The study...Read More
Fall 2016
European Commission and Joint Research Centre

Patent Assertion Entities in Europe

Haber, Stephen and Werfel, Seth

Patent Trolls as Financial Intermediaries? Experimental Evidence

Cohen, Julie and Gurun, Umit and Kominers, Scott

Patent Trolls: Evidence from Targeted Firms

We develop a theoretical model of, and provide the first large-sample evidence on, the behavior and impact of non-practicing entities (NPEs) in the intellectual property space. Our model shows that NPE litigation can reduce infringement and support small inventors. However, the model also shows...Read More

Layne-Farrar, Anne

What Can the FTC’s PAE Study Teach Us?

The survey of so-called Patent Assertion Entities, or PAEs, currently being conducted by the Federal Trade Commission (FTC) under its 6(b) authority has been broadly discussed and the results are much anticipated. The FTC’s study is meant to move past the limited information that can be gleaned...Read More

Scheuren, Fritz

What Can We Learn from the FTC’s Patent Assertion Entity Study?

This article discusses what we can learn from the FTC's Patent Assertion Entity Study. FTC officials have suggested that the study results could help inform public policy decisions with respect to PAEs and intellectual property issues and pointed to Congressional interest as part of the...Read More

Lee, Edward

Patent Trolls: Moral Panics, Motions in Limine, And Patent Reform

This Article provides the first empirical study of the use of the term "patent troll" by U.S. media-specifically, examining leading newspapers and online publications. The study offers several key findings: (1) First, starting in 2006, the U.S. media surveyed used "patent troll" far more than...Read More