Two researchers at the famed London School of Economics & Political Science, Christian Helmers and Luke McDonagh, have released a thought-provoking study of “Patent Assertion Entity” litigation in the UK. From the summary here are the two key findings:
“Firstly, the majority of patent cases which reach a judgment in the UK result in a ruling invalidating the patent. Secondly, the costs regime in the legal system of England and Wales requires that the losing party pay the costs of the other side. In other words, even if its own costs are kept low, a PAE which loses a case may have to spend a substantial amount of money in order to cover the costs of the other side.”
So, will this study increase the snowball rolling downhill to introduce a “loser pays” policy for NPE’s in the US?
This study has other intriguing elements to it as well:
“We also offer interesting insights to the wider debate concerning whether it is likely that in the near future there will be a similar increase in PAE litigation in Europe as has already occurred in the US over the last decade. This article also discusses potential implications for the design of the proposed European Unified Patent Court.”
To read the entire study (and you should) please go to this link: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2154958