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Dr. Fabian Gaessler, M.Sc.

Senior Research Fellow

Innovation and Entrepreneurship Research

+49 89 24246-591
+49 89 24246-501
fabian.gaessler(at)ip.mpg.de

Areas of Interest:

Innovation Research, Empirical Methods, Econometrics and Statistics, Empirical Industrial Organization, Technology Sourcing, Patent Transfers, Economics of Litigation, Economics of Innovation, Patent Enforcement

Academic Résumé

Since 2015
Senior Research Fellow at the Max Planck Institute for Innovation and Competition (Innovation and Entrepreneurship Research)

2013 - 2015
Doctoral Candidate and Research Fellow at the Max Planck Institute for Innovation and Competition (Innovation and Entrepreneurship Research). Doctoral Thesis: "Enforcing and Trading Patents - Evidence for Europe"

2010 - 2013
Post-graduate Studies in Law and Economics at the International Max Planck Research School for Competition and Innovation

2009 - 2010
Master of Science in Organisation, Management and Governance at the London School of Economics and Political Science, London

2008 - 2011
Honors Degree in Technology Management at the Center for Digital Technology and Management, Munich

2007 - 2010
Work Experience in the Consulting, Telecommunications and Academic Sector

2005 - 2009
Undergraduate Studies in Business Administration at LMU Munich and the University of California, Santa Barbara

Publications

Articles in Refereed Journals

Cremers, Katrin; Ernicke, Max; Gaessler, Fabian; Harhoff, Dietmar; Helmers, Christian; McDonagh, Luke; Schliessler, Paula; van Zeebroeck, Nicolas (2016). Patent Litigation in Europe, European Journal of Law and Economics 41.1, 1-44. DOI

  • We compare patent litigation cases across four European jurisdictions—Germany, the UK (England and Wales), France, The Netherlands—using case-level data gathered from cases filed in the four jurisdictions during the period 2000–2008. Overall, we find substantial differences across jurisdictions in terms of caseloads—notably, courts in Germany hear by far the largest number of cases, not only in absolute terms, but also when taking macro-economic indicators into account—and we further find important cross-country variances in terms of case outcomes. Moreover, we show empirically that a considerable number of patents are litigated across multiple European jurisdictions; and further, that in the majority of these cases divergent case outcomes are reached across the different jurisdictions, suggesting that the long-suspected problem of inconsistency of decision-making in European patent litigation is in fact real. Finally, we note that the coming into force of the Unified Patent Court in Europe may, in the long term, help to alleviate this inconsistency problem.

Monographies

Gaessler, Fabian (2016). Enforcing and Trading Patents – Evidence for Europe (Innovation und Entrepreneurship). Wiesbaden: Springer Gabler. DOI

    Open Access

    Cremers, Katrin; Gaessler, Fabian; Harhoff, Dietmar; Helmers, Christian; Lefouilid, Yassine (2016). Invalid but Infringed? An Analysis of the Bifurcated Patent Litigation System, Journal of Economic Behavior & Organization 131 (PA), 218-242. DOI

    • In bifurcated patent litigation systems, claims of infringement and validity of a patent are decided independently of each other in separate court proceedings at different courts. In non-bifurcated systems, infringement and validity are decided jointly in the same proceedings at a single court. We build a model that shows the key trade-off between bifurcated and non-bifurcated systems and how it affects the incentives of plaintiffs and defendants in patent infringement cases. Using detailed data on patent litigation cases in Germany (bifurcated) and the U.K. (non-bifurcated), we show that bifurcation creates situations in which a patent is held infringed that is subsequently invalidated. We also show that having to challenge a patent's validity in separate court proceedings under bifurcation implies that alleged infringers are less likely to do so. We find this to apply in particular to more resource-constrained alleged infringers. Finally, we find parties to be more likely to settle in a bifurcated system.
    • SSRN

    Discussion Papers

    Love, Brian J.; Helmers, Christian; Gaessler, Fabian; Ernicke, Maximilian (2015). Patent Assertion Entities in Europe.

    • This book chapter presents the findings of an empirical study of U.K. and German patent litigation involving patent assertion entities (PAEs). Overall, we find that PAEs account for roughly ten percent of patent suits filed in these countries during the time periods covered by our study: 2000-2013 for the UK and 2000-2008 for Germany. We also present a variety of additional data on the characteristics of European PAE suits and PAE-asserted patents and, finally, consider what our findings suggest are the most important reasons PAEs tend to avoid European courts. We conclude that, while many factors likely contribute to the relative scarcity of PAEs in Europe, the continent’s fee-shifting regimes stand out as a key deterrent to patent monetization.
    • Available at SSRN

    Presentations and Lectures

    15.05.2017

    Taking the Crowd by the Hand - The Intermediary Role of Crowdfunding Platforms

    ZEW Economics of Innovation and Patenting Conference 2017

    Location: Mannheim


    03.04.2017

    Patents and Cumulative Innovation - Evidence from Post-Granted Patent Oppositions

    SFB Competiton and Rationality Workshop

    Location: Berlin


    16.03.2017

    Patent Litigation in Europe

    European Intellectual Property Rights and Jurisdiction in Need of Grand Design? MPI Workshop

    Location: Harnackhaus Berlin


    29.11.2016

    Patents and Cumulative Innovation - Evidence from Post-Granted Patent Oppositions

    IO and Trade Seminar

    Location: LMU Munich


    03.09.2016

    Litigation of Standard-Essential Patents in Europe - A Comparative Analysis

    European Policy for Intellectual Property Annual Conference

    Location: University of Oxford, UK


    02.09.2016

    Patent Transfers in Europe - Data and Methodological Report

    European Policy for Intellectual Property Annual Conference

    Location: University of Oxford, UK


    18.05.2016

    What to Buy When Forum Shopping? Determinants of Court Selection in Patent Litigation

    17th CEPR/JIE School and Conference on Applied Industrial Organisation

    Location: London, UK


    01.09.2016

    What to Buy When Forum Shopping? Determinants of Court Selection in Patent Litigation

    European Policy for Intellectual Property 10th Annual Conference

    Location: Glasgow, UK


    28.08.2015

    What to Buy When Forum Shopping? Determinants of Court Selection in Patent Litigation

    42nd Annual Conference of the European Association for Research in Industrial Economics

    Location: Munich


    02.07.2015

    Forum Shopping in Patent Litigation at German Regional Courts

    6th ZEW/MaCCI Conference on the Economics of Innovation and Patenting

    Location: Mannheim


    29.06.2015

    What to Buy When Forum Shopping? Determinants of Court Selection in Patent Litigation

    Economic Analysis of Litigation Workshop

    Location: Turin, Italy


    27.06.2015

    Panel Discussion: On the Future of the Internet Economy - Why Do Companies Need Patents?

    Alumni Conference at the Max Planck Institute for Innovation and Competition

    Location: Munich


    11.06.2015

    Forum Shopping in Patent Litigation at German Regional Courts

    Workshop: 2nd International Meeting in Law & Economics at the University Paris 2-Panthéon-Assas

    Location: Paris, France


    29.08.2014

    Invalid but Infringed? An Analysis of Germany's Bifurcated Patent Litigation System

    41st Annual Conference of the European Association for Research in Industrial Economics

    Location: Milan, Italy


    23.06.2014

    Invalid but Infringed? An Analysis of Germany's Bifurcated Patent Litigation System

    Munich Conference on Innovation and Competition 2014

    Location: Castle Ringberg


    13.01.2014

    Forum Shopping in Patent Litigation in Germany

    Transatlantic Workshop on Intellectual Property Research

    Location: Zurich, Switzerland


    09.08.2013

    Invalid but Infringed? An Analysis of Germany's Bifurcated Patent Litigation System

    Comparative Patent Litigation in Europe and Evidence on Bifurcation, Workshop at Chartered Institute of Patent Attorneys

    Location: London, UK

    Projects