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Patent Assertion Entity Activity

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factor of 10. This analysis included 902 royalty payments made to 14 different Study PAEs, which<br />

licensed 38 unique sets of patents. 256<br />

Figure 3.10a: Dispersion of Licensing Royalties Paid for Identical Sets of <strong>Patent</strong>s<br />

Note: Each <strong>Patent</strong> Group consists of a set of at least ten licenses reporting positive royalties where all<br />

licenses correspond to the same set of patents. The midline of a box corresponds to the median, the blue<br />

box represents the 75th and 25th percentiles and the outermost lines (in bold) represent the 90th and 10th<br />

percentiles of the distribution of royalties for a given <strong>Patent</strong> Group. Figure depicts 902 royalty payments<br />

made to 14 different Responding PAEs licensing 38 unique sets of patents.<br />

256<br />

The vast majority of the licenses included in this analysis (87% across Study PAEs) generated royalties below $300,000<br />

(the AIPLA’s estimated lower bound on cost of defending a case through the end of discovery). Only five of the 38 groups of<br />

patents had a mean license royalty of more than $300,000, and only one group had a median license royalty over $300,000.<br />

Given the relatively low magnitude of the studied royalty payments, it may be the case that variability in the willingness to<br />

avoid litigation played a larger role in generating variation in licensing fees than variation in the willingness to pay for the<br />

licensed patents. AIPLA 2013 REPORT OF THE ECONOMIC SURVEY, supra note 7, at 35.<br />

93

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