Lawyers' Decisions in Australian Patent Dispute Settlements: An Empirical Perspective

37 Pages Posted: 4 May 2007

See all articles by Chris Dent

Chris Dent

Murdoch University - School of Law

Kimberlee G. Weatherall

The University of Sydney - Faculty of Law

Abstract

Litigating patents is an expensive proposition for both patent holders and alleged infringers. Indeed, it has been 'called the sport of kings; it is complex, uncertain and expensive'. The last factor, expense, has almost become a mantra in analysis of patent litigation. It is often, for example, cited as the main motivation for parties to settle a dispute, rather than proceed all the way to judgment in a court. There is, however, little empirical research into the relative importance of cost in the conduct of disputes between patent-holders and their competitors.

The decisions relating to patent litigation are the subject of a significant amount of research around the world currently, much of it with a focus on reducing the amount of unnecessary litigation that is considered to occur. This article describes the results of empirical research that approaches this issue from two directions - an examination of the use of settlement procedures in Australia and an assessment of the processes adopted by lawyers when considering issues around patent litigation.

Keywords: patent, empirical, Australian, dispute

JEL Classification: K11

Suggested Citation

Dent, Chris and Weatherall, Kimberlee Gai, Lawyers' Decisions in Australian Patent Dispute Settlements: An Empirical Perspective. U of Melbourne Legal Studies Research Paper No. 228, IPRIA Working Paper No. 02.07, Available at SSRN: https://ssrn.com/abstract=984145 or http://dx.doi.org/10.2139/ssrn.984145

Chris Dent (Contact Author)

Murdoch University - School of Law ( email )

United States

Kimberlee Gai Weatherall

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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