Wrongful patent assertion a comparative law and economics analysis Thomas F. Cotter

Format:

Book

Author/Creator:

Cotter, Thomas F., 1961- author.

Language:

English

Subjects (All):

Actions and defenses.

Patent laws and legislation.

Physical Description:

1 online resource

Edition:

1st ed.

Place of Publication:

Oxford University Press, 2026.

Oxford Oxford University Press [2026]

Summary:

Patents play an important role in inducing the investment needed to transform basic discoveries into the practical innovations that contribute to long-term economic growth. But patents also can generate a variety of social costs which, if unchecked, can unnecessarily impede competition, inhibit innovation, impair the integrity of the marketplace, and reduce overall social welfare. 'Wrongful Patent Assertion' provides a comprehensive, comparative overview of how the world's leading jurisdictions for patent litigation employ different bodies of law and legal doctrines - including antitrust and unfair competition law, as well as other generally-applicable legal principles - to regulate the enforcement of patent rights, and how these efforts might be improved

Contents:

Cover

Half Title

Title Page

Copyright Page

Contents

Preface

1 Defining Wrongful Patent Assertion

2 Cognizable Harm

Harms to Innovation

Harms to the Market (Market Distortion)

Harms to the Integrity of the Marketplace

Harms to the Legal System

Other Social Welfare Losses

Remedies for These Harms

3 Assertion

Enforcement as Wrongful Assertion

Express or Implicit Threats of Enforcement as Wrongful Assertion

Enforcement or Threatened Enforcement as a Necessary Element

4 "Without Sufficient Justification," Case 1

Harms Resulting from the Assertion of Invalid or Noninfringed Patent Claims, Full Stop

Liability Conditioned on Invalidity or Noninfringement Only If Coupled with Other Facts

5 "Without Sufficient Justification," Case 2

Pay-for-delay and Probability

The Case Law on Reverse Payments

Evaluating the Standards as a Matter of Policy

The "scope of the patent" test

Ex-ante probability test

Less restrictive alternative test

Per se illegality/restriction by object

Anti-troll Laws

6 "Without Sufficient Justification," Case 3

Proportionality

The Abuse Doctrines: Abuse of Dominant Position

The Abuse Doctrines: Abuse of Right

(1) The illegal exercise of patent rights

(2) Conduct that undermines "the general principle of proportionality interpreted in light of considerations of fairness and equity"

(3) Contradictory behavior

(4) Conduct that undermines the function of patent rights

(5) Abuse stricto sensu

(6) Fraudulent acts

The Abuse Doctrines: Abuse of Economic Dependence

Equitable Defenses, Remedies, and Discretion

Equitable Defenses: Unclean Hands and Inequitable Conduct

Equitable Doctrines: Patent Misuse

Estoppel, Laches, Double Patenting, and Discretionary Stays or Denials of Equitable Relief

Antisuit Injunctions and FRAND Disputes

7 Conclusion

Investments in Improving Patent Quality

Eliminating Structural Features that can Induce Accused Infringers into Premature Settlement

Implementing Rational Responses to Litigation Finance

Bibliography

Index

Notes:

Includes bibliographical references and index

Description based on online resource and publisher information; title from PDF title page (viewed on April 9, 2026)

Other Format:

Print version :

ISBN:

9780191994104

0191994103

OCLC:

1584004649

Publisher Number:

CIPO000373946

Access Restriction:

Restricted for use by site license