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How Valuable are the Patents Behind Section 337 Cases?
Author(s) -
Co Catherine Y.
Publication year - 2004
Publication title -
world economy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.594
H-Index - 68
eISSN - 1467-9701
pISSN - 0378-5920
DOI - 10.1111/j.0378-5920.2004.00612.x
Subject(s) - section (typography) , intellectual property , tariff , commission , patent infringement , economics , business , value (mathematics) , international trade , law , law and economics , commerce , political science , finance , advertising , machine learning , computer science
A US patent protects the owner of the intellectual property from imitators producing in the US and foreign imitators selling in the US market. There are two venues for filing infringement cases against international infringement of US patents, with the International Trade Commission (ITC) using Section 337 of the Tariff Act of 1930 or with federal district courts. Three indicators of patent value suggest that patents litigated under Section 337 are on average more valuable; however, their values tend to be more variable. The latter suggests that some firms may be using Section 337 not for protection against international infringement of US patents but for protection against imports.