@unpublished{eprints97, type = {Working Paper}, month = {July}, note = {JEL codes: O3, L1, L4, K4}, author = {Jing-Yuan Chiou and Richard Schmidtke}, title = {Revisiting Antitrust Limits to Probabilistic Patent Disputes: Strategic Entry and Asymmetric Information}, year = {2010}, keywords = {Probabilistic Patents, Antitrust Limits, Patent Settlements}, abstract = {We consider separately strategic entry and asymmetric information in the design of the settlement policy governing patent disputes, with a focus on Shapiro (2003)?s consumer protection rule. We show that, when a potential entrant strategically incurs an entry cost before engaging in a patent dispute, a more stringent settlement policy of deterring costly entry is preferable to the patent-holder and may lead to higher static efficiency. Concerning asymmetric information, when the disputants, but not the court, learn the patent validity, we derive an ?expectation test,? which requires that a laxer settlement policy be coupled with higher expected patent validity under settlement.}, url = {http://eprints.imtlucca.it/97/} }