Deutschland , 2000-2008 , Patent , Zivilprozess , Konfliktregelung
Keywords (English):
Patent , patent litigation , settlement
Abstract:
This paper looks at the decision to settle patent litigation in Germany from a new
angle by focusing on detailed data on within-trial actions and motivations by plain-
tiff, defendant and the courts. Using a new dataset covering about 80% of all patent
litigation cases in Germany between 2000 and 2008 we estimate the likelihood of
within-trial settlement. We find that the within-trial settlement decision is to some
degree driven by the proceedings that change the pre-trial setting of the negotia-This paper looks at the decision to settle patent litigation in Germany from a new
angle by focusing on detailed data on within-trial actions and motivations by plain-
tiff, defendant and the courts. Using a new dataset covering about 80% of all patent
litigation cases in Germany between 2000 and 2008 we estimate the likelihood of
within-trial settlement. We find that the within-trial settlement decision is to some
degree driven by the proceedings that change the pre-trial setting of the negotia-
tions in terms of information and stakes and make previously refused settlement
a new option. Additionally, firm-specific stakes as measured by the relation of the
involved parties to the disputed patent as well as firm-specific strategies are found
to affect the general willingness to settle after the filing of a court case. The results
suggest that pre-trial failure of settlement negotiations can to some extent be offset
by within-trial settlement through efforts made by court and involved parties, but
that the disposition to settle is to a larger degree determined by firm-specific stakes
and strategies in the case.
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