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Firpo, Teo; Mireles, Michael S --- "Currents and crosscurrents in litigation of university and nonprofit related patents: is there a coming wave of patent litigation involving those patents?" [2020] ELECD 309; in Rooksby, H. Jacob (ed), "Research Handbook on Intellectual Property and Technology Transfer" (Edward Elgar Publishing, 2020) 309

Book Title: Research Handbook on Intellectual Property and Technology Transfer

Editor(s): Rooksby, H. Jacob

Publisher: Edward Elgar Publishing

Section: Chapter 14

Section Title: Currents and crosscurrents in litigation of university and nonprofit related patents: is there a coming wave of patent litigation involving those patents?

Author(s): Firpo, Teo; Mireles, Michael S

Number of pages: 15

Abstract/Description:

This Chapter explores whether there may be an increase in patent litigation by universities, other nonprofit organizations, and their licensees by examining several reasons why litigation may rise. The Chapter also examines relatively recent data concerning patent enforcement by that same group. Patent enforcement may increase for several reasons: a decline in federal funding for research; a shift in tenure standards encouraging commercialization activities; and technology transfer offices searching for ways to increase funding. At the same time, two factors may hedge an increase in patent litigation: reputational concerns by universities, and uncertainty concerning patent eligible subject matter and the use of IPRs against university patents. However, some patents already licensed to Intellectual Ventures and other entities may be enforced in the future. Moreover, foreign universities may be inclined to enforce their patents in the United States despite reputational concerns.