“The First Patent Litigation Explosion,” C. Beauchamp (2016)

A Fine Theorem

There has been a tremendous rise in patent litigation in the past decade (Bessen and Meurer 2005). Many of these lawsuits have come from “non-practicing entities” – also known as patent trolls – who use their patents to sue even as they produce no products themselves. These lawsuits are often targeted at end-users rather than directly infringing manufacturers, supposedly on the grounds that end-users are less able to defend themselves (see my coauthor Erik Hovenkamp on this point). For those who feel the patent system provides too many rights to patent-holders, to the detriment of societal welfare, problems like these are case in point.

But are these worries novel? The economics of innovation and entrepreneurship is, like much of economics, one where history proves illuminating. Nearly everything that we think is new has happened before. Fights over the use of IP to collude by incumbents? See Lampe…

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About Jim Rose

Utopia - you are standing in it promotes a classical liberal view of the world and champion the mass flourishing of humanity through capitalism and the rule of law. The origin of the blog is explained in the first blog post at https://utopiayouarestandinginit.wordpress.com/2014/03/12/why-call-my-blog-utopia-you-are-standing-in-it/

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