Research Handbook on the Economics of Intellectual Property Law
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Research Handbook on the Economics of Intellectual Property Law

Vol 1: Theory Vol 2: Analytical Methods

Edited by Ben Depoorter, Peter Menell and David Schwartz

Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
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Chapter 14: Infringement

Lee Petherbridge and Jason Rantanen


Although the action for infringement is at the heart of the incentive structure established by the patent laws, research concerning it is remarkably incomplete. Many studies focus on the counting of litigation outcomes. As a consequence, much existing work shines limited light on basic theoretical and doctrinal questions surrounding the action for infringement. Nevertheless, there is a perceptible trend in more recent studies toward relating outcomes to case and other real-world variables. This development offers an added a level of descriptive granularity to observations, and such approaches may in time come to support greater theoretical evaluation of patent law and policy. At a minimum these newer observations help to suggest areas for future work that legal scholars may find worth pursuing. Here, we review the teachings of existing studies that address patent infringement, and offer some thoughts about areas suitable for future research

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