Third Party Studies
Below are links to recent studies carried out by the European Commission, legal researchers and academics that provide detailed evidence of how PAEs can harm innovation and are increasingly exploiting Europe’s legal system to the detriment of European innovators and Europe’s digital single market ambitions.
Data on PAE activity in Europe
Darts-IP, NPE Litigation in the European Union, February 2018
DARTs-IP, The rise of non-practicing entity (NPE) cases outside the United States, 2016
Nikolaus Thumm, “The good, the bad and the ugly – the future of patent assertion entities in Europe”, Journal of Technology Analysis & Strategic Management, September 2018
Studies of PAE harm to innovation
Gianluca Orsattati, Valerio Sterzi, “Do Patent Assertion Entities Harm Innovation? Evidence from Patent Transfers in Europe”, GREThA, April 2018
Jorge L. Contreras, “Patent Assertion Entities and Legal Exceptionalism in Europe and the United States, a Comparative View”, Max Planck Institute for Innovation & Competition, Research Paper No. 17-11, September 2017
Damien Geradin, “Patent Assertion Entities and EU Competition Law”, George Mason Law & Economics, Research Paper No. 16-08, February 2016
Filippo Mezzanotti, Timothy Simcoe, Patent Policy and American Innovation After eBay: An Empirical Examination, May 2018
Brian J. Love, Christian Helmers, Fabian Gaessler and Max Ernicke, “Patent Assertion Entities”, Santa Clara University School of Law, December 2015, pp. 1-30
Garry A. Gabison, “Lessons that Europe can learn from the US patent assertion entity phenomenon”, Journal of Information & Communications Technology Law, vol. 24, October 2015, pp. 278-302
Feldman, Robin and Lemley, Mark A. “The Sound and Fury of Patent Activity.” Stanford Law and Economics Olin Working Paper No. 521 (2018)
Lemley, Mark A., and Robin Feldman. “Is Patent Enforcement Efficient.” BU L Rev. 98 (2018): 649.
Feldman, Robin, Patent Demands & Startup Companies: The View from the Venture Capital Community, 16 Yale J.L. & Tech. 236 (2014)
Cohen, Lauren, et al;, The Growing Problem of Patent Trolling, 352 Science 521 (2016)
Chien, Colleen. “Startups and patent trolls.” Stan. Tech. L. Rev. 17 (2014): 461.
James Bessen, The Evidence is In: Patent Trolls Do Hurt Innovation, Harvard Business Review, November 2014
Tucker, Catherine, The Effect of Patent Litigation and Patent Assertion Entities on Entrepreneurial Activity, (2014)
Bessan, James; Meurer, Michael, The Direct Costs from NPE Disputes, 99 Cornell L.R. 387 (2014)
European Commission studies
Technopolis study on the implementation of the IPR Enforcement Directive (IPRED), December 2017
JRC Science for Policy Report, Patent Assertion Entities in Europe, Their impact on innovation and knowledge in ICT transfers, October 2016