Litigation Trading: An Introduction to Wall Street’s Interest in Patent Cases

Matthew P. Larson

©2015. Published in Landslide, Vol. 8, No. 1, September/October 2015, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

Investors pounced on shares of Masimo Corporation (NASDAQ: MASI) last October, following a jury verdict awarding the company $466.8 million in patent infringement damages against Philips Electronics.1 Investors traded over 3.9 million shares—more than five and a half times the stock’s 30-day moving average trading volume—boosting the company’s share price to a 12.9 percent gain, while Masimo’s peer Standard & Poor’s (S&P) SmallCap 600 Index (SML) suffered a 1.3 percent drop on that day (see fig. 1).

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