John Golden and I have posted an updated version of our paper Empirical Studies Relating to Patents—Remedies, which will be published in volume 2 of Research Handbook on the Economics of Intellectual Property Law (Peter Menell, David Schwartz & Ben Depoorter eds., Edward Elgar Publishing, forthcoming 2017). Here is a link to the paper, and here is the abstract:
This chapter from the forthcoming Research Handbook on the Economics of Intellectual Property Law surveys the empirical literature on patent remedies. Part I discusses the literature on injunctions, beginning with an overview of legal doctrine and economic debates over “property rules” versus “liability rules,” and concluding with a summary of empirical studies that examine the frequency and circumstances of injunction grants or the nature of injunctions’ content and scope. Part II discusses the literature on patent damages, beginning with an overview of the law and economics of damages before proceeding to a review of the empirical literature on the prevalence of different types of damages, damages amounts, and possible explanations for damages outcomes. Part III briefly discusses other remedies, including declaratory judgments, for which there appears to be little relevant empirical literature. The Conclusion suggests possible avenues for future research.
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