Patent enforcement under strong IPR: The liability of foreignness in patent litigation

We study the settlement and non-settlement outcomes of foreign and US patent holders in US patent litigation. We argue that foreign patent holders may be systematically more likely to settle, and less likely to win patent lawsuits relative to their US counterparts, for two reasons: First, US adjudicators may be xenophobic, in actuality or as perceived by foreign patent holders. Second, foreign patent holders may have to incur systematically...