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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

Personal Website

www.fabiangaessler.com

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

Contreras, Jorge L.; Gaessler, Fabian; Helmers, Christian; Love, Brain J. (2017). Litigation of Standards-essential Patents in Europe – A Comparative Analysis, Berkeley Technology Law Journal 2017, forthcoming.

    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.

    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

    Contributions to Collected Editions

    Love, Brian J.; Helmers, Christian; Gaessler, Fabian; Ernicke, Maximilian (2017). Patent Assertion Entities in Europe, in: D. Daniel Sokol (ed.), Patent Assertion Entities and Competition Policy, 104-129. Cambridge: Cambridge University Press.

    • 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.
    • Also published at SSRN

    Monographies

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

      Discussion Papers

      Gaessler, Fabian; Lefouili, Yassine (2017). What to Buy When Forum Shopping? Analyzing Court Selection in Patent Litigation, TSE Working Paper, No. 17-775. DOI

      • This paper examines court selection by plaintiffs in patent litigation. We build a forum shopping model that provides a set of predictions regarding plaintiffs’ court preferences, and the way these preferences depend on the market proximity between the plaintiff and the defendant. Then, using a rich dataset of patent litigation at German regional courts between 2003 and 2008, we estimate the determinants of court selection with alternative-specific conditional logit models. In line with our theoretical predictions, our empirical results show that plaintiffs prefer courts that have shorter proceedings, especially when they compete against the defendants they face. Further, we find negative effects of the plaintiff’s, as well as the defendant’s, distance to court on the plaintiff’s court selection. Our empirical analysis also allows us to infer whether plaintiffs perceive a given court as more or less pro-patentee than another one.

      Gaessler, Fabian; Harhoff, Dietmar; Sorg, Stefan (2017). Patents and Cumulative Innovation – Evidence from Post-Grant Patent Oppositions, Academy of Management Proceedings:1. DOI

      • Using large-scale data on opposition to patents at the European Patent Office (EPO), we investigate the causal effect of a patent’s invalidation on follow-on inventions. We introduce a new instrumental variable exploiting the participation or absence of the patent examiner in the opposition proceeding. According to our baseline model, patent invalidation leads to a highly significant and sizable increase of forward citations. While this is in line with previous studies, disentangling the effect leads us to results that stand in stark contrast to some of the literature. We find that the effects are most pronounced for patents in discrete technology areas, for areas where patent thickets are absent and for patents which are not protected by ""patent fences"". Moreover, the effect is particularly strong for relatively small patent holders facing comparatively small follow-on innovators.

      Presentations and Lectures

      23.11.2017

      Patents, Data Exclusivity, and the Development of New Drugs

      MSI Seminar, Katholieke Universiteit Leuven

      Location: Leuven


      05.09.2017

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

      European Policy for Intellectual Property Annual Conference

      Location: Bordeaux


      02.09.2017

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

      Conference of the European Association for Research in Industrial Economics, Maastricht University

      Location: Maastricht


      07.08.2017

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

      Academy of Management Annual Meeting

      Location: Atlanta


      24.07.2017

      Patent Boxes and Patent Transfers

      Summer School on Taxation and R&D, University of Mannheim

      Location: Mannheim


      20.06.2017

      Patents, Data Exclusivity, and the Development of New Drugs

      Behavioral and Empirical Work in Progress Seminar, Technical University of Munich

      Location: München


      13.06.2017

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

      DRUID 17 Conference, New York University

      Location: New York


      30.05.2017

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

      Munich Summer Institute 2017

      Location: München


      26.05.2017

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

      Strategy, Entrepreneurship and Innovation Faculty Workshop, IE Business School

      Location: Madrid


      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

      Academic Prizes and Honours

      2017 Otto Hahn Medal of the Max Planck Society