Extreme Value or Trolls on Top? Evidence from the Most Litigated Patents

Name: Extreme Value or Trolls on Top? Evidence from the Most Litigated Patents
Cite: SSRN
Year: 2009
Bluebook cite: Allison, John R. ET. AL.,Extreme Value or Trolls on Top? Evidence from the Most Litigated Patents(May 20, 2009).
Author: Allison, John R., Lemley, Mark A. and Walker, J. H.
URL: http://ssrn.com/abstract=1407796
Item Type: article
Summary: Picking up where a 2004 study left off (See "Valuable Patents"), the authors examine "hot" patents (106 patents litigated 8 or more times between 2000 and 2007 and controlled against a random set of 106 patents litigated only once) to test the hypothesis that the hot patents "exhibit even more evidence of value" (as compared to the patents studied in the previous study). The study characterizes each patent by a number of factors, including continuations and a NPE categorization number (provided from another study). Among the findings; "The most-litigated patents are overwhelmingly likely to be software patents." The analysis continues by investigating the patent owners at time of litigation. The authors observe that the hot patents exhibit traits commonly associated with the most valuable patents (claims, fwd. citations, continuing applications, etc.). The authors suggest several possible conclusions that can be drawn from the data, including the idea that the hot patents are valuable because they are "optimized for litigation" i.e. value to the holder) rather than socially beneficial.

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