A study on formulating patent litigation forecasting model and method to process litigation evaluation factors

Abstract

The patent litigation has been expanded at home and abroad and the trend is to increase its importance even more. War of Apple and Android, patent litigation between Samsung and Apple, and Kolon and DuPont for patent war that has been a major issue for its significant compensation amount, as well as the acquisition of Motorola by Google are implication that the paradigm on patent has shifted quickly. However, perception on patent in Korea has yet to have significant difference from advanced countries. Examples of such cases can be shown in the increase of patent litigation arising from domestic export companies advancing to overseas. Companies intend to export to overseas have to evaluate the disk of litigation on exporting products, but due to the lack of perception on importance thereof, they often have to withdraw by taking in losses in time and money by involving in various litigations. Following the exten-sive activities of patent troll (NPE) that attempt to gain only from patent litigation without producing any product at all, the damages have been more and more extensive. In addition, the litigation analysis has become even more difficult from expansion of litigation from major companies to small and medium enterprises, expansion of patent litigation by the right holder in multi-litigation patent and multi-litigation right holder as well as the raising of litigations through transfer. Looking into the existing studies on litigation, most of them are studies to analyze the relativity of litigation through patent indices and there are only a handful of studies that forecast actual litigation through the litigation forecasting model. Furthermore, variables used in existing studies have the focus on primary data, such as patent bibliography data, citation data and so forth, and there is almost no data on multi-litigation, transfer, and/or NPE that have high influ-ence on litigation. In addition, the patent litigation has the characteristics of significant c...