Job Market Paper
From Labs to Lawsuits: Patent Litigation As A Strategic Margin
Abstract
Patent enforcement is intended to protect innovation, but operating firms may also use litigation strategically to defend product market rents at rivals’ expense. This paper studies patent litigation as a margin of product market competition. A simple model predicts that both the decision to sue and the resources committed to litigation increase with the contested market position, as captured by the parties’ product-market proximity. I test these predictions using the universe of U.S. patent suits between operating firms and two new measures: product-market proximity constructed from workforce skills and litigation effort constructed from court dockets and attorney billing records. Three findings support the strategic litigation view. First, a one-standard-deviation higher exposure to an adverse shock to patent strength reduces filings by 25 percent. Second, conditional on measures of infringement risk, patentees target their closest product-market rivals and fight them harder. A rival one standard deviation closer faces 1.7 times the odds of being sued and 18 to 22 percent higher litigation expenditures on both sides, yet plaintiffs win no more often against closer rivals. Third, an active enforcer’s closer rivals face a greater expected litigation burden even when they are not sued. Following a suit, the enforcer’s closest rivals produce approximately 4.6 percent fewer breakthrough patents after two years, while the defendant’s rivals exhibit no comparable response. Taken together, the results suggest that patent enforcement between operating firms reallocates rents toward enforcing incumbents and weakens innovation beyond the litigating parties.