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Record W4236681520 · doi:10.31235/osf.io/2znvb

Our Divided Patent System

2016· preprint· en· W4236681520 on OpenAlexaff
Mark A. Lemley

Bibliographic record

Venuenot available
Typepreprint
Languageen
FieldBusiness, Management and Accounting
TopicIntellectual Property and Patents
Canadian institutionsCentennial College
Fundersnot available
KeywordsPatent trollBusinessPatent lawOutcome (game theory)Patent infringementIntellectual propertyLawEconomicsPolitical science

Abstract

fetched live from OpenAlex

In this comprehensive new study, we evaluate all substantive decisionsrendered by any court in every patent case filed in 2008 and 2009 —decisions made between 2009 and 2013. We assess the outcome of litigationby technology and industry. We relate the outcomes of those cases to a hostof variables, including variables related to the parties, the patents, andthe courts in which those cases were litigated.We find dramatic differences in the outcomes of patent litigation by bothtechnology and industry. For example, owners of patents in thepharmaceutical industry fare much better in dispositive litigation rulingsthan do owners of patents in the computer & electronics industry, andchemistry patents have much greater success in litigation than theirsoftware or biotech counterparts. Our results provide an important windowinto both patent litigation and the industry-specific battles over patentreform. And they suggest that the traditional narrative ofindustry-specific patent disputes, which pits the IT industries against thelife sciences, is incomplete.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: Not applicable
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.947
Threshold uncertainty score0.987

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0010.002
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.014

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.276
GPT teacher head0.241
Teacher spread0.034 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations14
Published2016
Admission routes1
Has abstractyes

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