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David L. Schwartz

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Recent Commentary

Patently Risky: Framing, Innovation and Entrepreneurial Preferences

by Elizabeth Hoffman, David L. Schwartz, Matthew Spitzer, Eric Talleyvia IP2 Working Paper Series
Tuesday, January 9, 2018

Innovation policy balances static monopoly rights against dynamic entrepreneurial incentives. In striking this balance, researchers commonly presume that decision makers in innovative settings react to their economic environments in a manner similar to their counterparts in other contexts. This paper reports on a series of experiments that call this presumption into question. 

Heterogeneity Among Patent Owners in Litigation: An Empirical Analysis of Settlement, Case Progression, and Adjudication

by Christopher A. Cotropia, Jay P. Kesan, David L. Schwartzvia IP2 Working Paper Series
Wednesday, May 11, 2016

This paper presents an empirical study of the relationship between the type of patentee-plaintiffs and litigation behavior (e.g., settlement, duration, grant of summary judgment, trial, and procedural dispositions) in patent lawsuits. The paper takes into account, among other factors, the technology of the patents being asserted, the judicial districts where these lawsuits were filed, the judge to whom the case is assigned, and the lawyers representing the patent holder.

IP Squared

Understanding the Realities of Modern Patent Litigation

by John R. Allison, Mark A. Lemley, David L. Schwartzvia IP2 Working Paper Series
Wednesday, April 16, 2014

IP² Working Paper No. 14008 - Sixteen years ago, two of us published the first detailed empirical look at patent litigation. That study provided a wealth of valuable information about patent validity litigation, including the discovery that nearly half of all patents litigated to judgment were held invalid.