The Role of Legal Presumptions in Patent Litigation

Alice Guerra and Tapas Kundu

Working Papers from Oslo Metropolitan University, Oslo Business School

Abstract: We formally analyze the effects of legal presumptions in patent litigation. We set up a novel contest model to study litigation outcomes, judgement errors, and resource dissipation under three alternative presumption criteria: a presumption that the patent is valid; a presumption that the patent is invalid; no presumption regarding validity. Our findings reveal that any legal presumption – either in favor of validity or invalidity – is preferable than a no-presumption criterion when there is high uncertainty about the patent’s objective merit.

Keywords: Patent; Litigation; Presumptions; Persuasion (search for similar items in EconPapers)
JEL-codes: C72 D74 K41 (search for similar items in EconPapers)
Date: 2019-10-29
New Economics Papers: this item is included in nep-ipr, nep-law and nep-ore
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Persistent link: https://EconPapers.repec.org/RePEc:oml:wpaper:201905

DOI: 10.2139/ssrn.3477505

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