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- August 2017
- Case
'Not so fast...' Litigation Strategy in EMC Corporation v. Donatelli (A)
By: Lena G. Goldberg and Danielle V. Holland
The sudden departure to Hewlett-Packard of a top-level EMC Corporation executive who had full knowledge of EMC’s operations, business plans, and key personnel ignited a bi-coastal battle between two fierce rivals that was played out in courts competing for jurisdiction... View Details
Keywords: Non-competition Agreements; Key Employee Agreements; Litigation Strategy; Law; Preliminary Injunctions; Jurisdictional Disputes; Conflict Of Laws; Lawsuits and Litigation; Strategy; Contracts
Goldberg, Lena G., and Danielle V. Holland. "'Not so fast...' Litigation Strategy in EMC Corporation v. Donatelli (A)." Harvard Business School Case 318-026, August 2017.
- January 2008 (Revised August 2008)
- Case
AT&T v. Microsoft (A): IP Litigation Strategy
By: Willy Shih
This case examines a hard fought litigation over a patent that originated at Bell Labs. It illustrates the challenges that technology companies face today innovating in a complex intellectual property environment in fields where there is a high amount of... View Details
Keywords: Technological Innovation; Patents; Lawsuits and Litigation; Conflict and Resolution; Strategy; Technology Industry
Shih, Willy. "AT&T v. Microsoft (A): IP Litigation Strategy." Harvard Business School Case 608-080, January 2008. (Revised August 2008.)
- March 2021
- Case
Litigation Finance 2.0: LexShares
By: Lauren Cohen, Spencer C. N. Hagist and Yago Zavalia Gahan
Litigation finance—also referred to as third party litigation funding—was in its relative infancy as an asset class when Jay Greenberg and Max Volsky made a platform-play in the space. Seven years later, the market was far from "mainstream," but nonetheless had grown... View Details
Cohen, Lauren, Spencer C. N. Hagist, and Yago Zavalia Gahan. "Litigation Finance 2.0: LexShares." Harvard Business School Case 221-092, March 2021.
- August 2017
- Supplement
'Not so fast...' Litigation Strategy in EMC Corporation v. Donatelli (B)
By: Lena G. Goldberg and Danielle V. Holland
Supplements the (A) case. View Details
Goldberg, Lena G., and Danielle V. Holland. "'Not so fast...' Litigation Strategy in EMC Corporation v. Donatelli (B)." Harvard Business School Supplement 318-027, August 2017.
- December 2018
- Case
Tiantong & Partners: Transforming Litigation Practice in China
By: Ashish Nanda and Lisa Rohrer
Jiang Yong founded Tiantong & Partners in 2002, seeking to radically improve the level of litigation-related services in China. By 2015, Tiantong was the premier Chinese litigation firm with the highest per lawyer revenues. The firm focused exclusively on high-stakes... View Details
Keywords: Law Firm; Law Firms; Growth; Legal Industry; Regulation; Professional Services; Law; Lawsuits and Litigation; Internet and the Web; Growth and Development; Strategy; Entrepreneurship; Decision Choices and Conditions; Legal Services Industry; China
Nanda, Ashish, and Lisa Rohrer. "Tiantong & Partners: Transforming Litigation Practice in China." Harvard Business School Case 719-457, December 2018.
- Article
Capturing Value from Intellectual Property (IP) in a Global Environment
By: Juan Alcácer, Karin Beukel and Bruno Cassiman
Globalization should provide firms with an opportunity to leverage their know-how and reputation across countries to create value. However, it remains challenging for them to actually capture that value using traditional Intellectual Property (IP) tools. In this paper,... View Details
Keywords: Appropriation Strategy; Counterfeit; Intellectual Property Rights; Litigation; Value Capturing; Intellectual Property; Rights; Value; Lawsuits and Litigation; Global Range; Situation or Environment
Alcácer, Juan, Karin Beukel, and Bruno Cassiman. "Capturing Value from Intellectual Property (IP) in a Global Environment." Special Issue on Geography, Location, and Strategy. Advances in Strategic Management 36 (2017): 163–228.
- 2016
- Working Paper
The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market
By: Feng Zhu
Strategy scholars have documented in various empirical settings that firms seek and leverage stronger institutions to mitigate hazards and gain competitive advantage. In this paper, we argue that such “institution-seeking” behavior may not be confined to the pursuit of... View Details
Keywords: Patent Wars; Patent Litigation; Intellectual Property (IP) Enforcement; Institutions; Smartphone; Patent Thicket; Digital Platforms; Patents; Lawsuits and Litigation; Globalized Markets and Industries; Business Strategy; Telecommunications Industry
Paik, Yongwook, and Feng Zhu. "The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market." Harvard Business School Working Paper, No. 14-015, August 2013. (Revised March 2016.)
- November–December 2016
- Article
The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Industry
By: Yongwook Paik and Feng Zhu
Strategy scholars have documented in various empirical settings that firms seek and leverage stronger institutions to mitigate hazards and gain competitive advantage. In this paper, we argue that such “institution-seeking” behavior may not be confined to the pursuit of... View Details
Keywords: Patent Wars; Patent Litigation; Intellectual Property (IP) Enforcement; Institutions; Patent Thicket; Smartphone; Patents; Corporate Strategy; Mobile Technology
Paik, Yongwook, and Feng Zhu. "The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Industry." Organization Science 27, no. 6 (November–December 2016): 1397–1416.
- June 2015 (Revised January 2017)
- Case
Epistar and the Global LED Market
By: Willy C. Shih, Chen-Fu Chien and Hung-Kai Wang
It took BJ Lee many years to learn how to navigate the patent minefield that was the global LED industry. When his company was first spun off from the Industrial Technology Research Institute in Taiwan, he thought the essence of a good IP strategy was to develop a... View Details
Keywords: Intellectual Property Management; Patenting; Patent Litigation; Intellectual Property; Patents; Electronics Industry; Semiconductor Industry; Asia; United States; Japan; Taiwan
Shih, Willy C., Chen-Fu Chien, and Hung-Kai Wang. "Epistar and the Global LED Market." Harvard Business School Case 615-053, June 2015. (Revised January 2017.)
- September 2015
- Supplement
Hexion/Apollo's Courtship of Huntsman Corporation (B)
By: Lena G. Goldberg and Danielle V. Holland
To be used with “Hexion/Apollo's Courtship of Huntsman Corporation (A)” HBS No. 316-028. View Details
Keywords: Fiduciary Outs; Topping Rights; Revlon Duties; Solvency Opinions; Reverse Termination Fees; Litigation Strategy; Lawsuits and Litigation; Mergers and Acquisitions
Goldberg, Lena G., and Danielle V. Holland. "Hexion/Apollo's Courtship of Huntsman Corporation (B)." Harvard Business School Supplement 316-046, September 2015.
- September 2015
- Case
Hexion/Apollo's Courtship of Huntsman Corporation (A)
By: Lena G. Goldberg and Danielle V. Holland
In July 2007, after several failed attempts to acquire Huntsman Corporation, Hexion/Apollo prevailed in a bidding war for the company and signed a definitive merger agreement. Apollo had down bid Huntsman during previous attempts to acquire the company, and Huntsman... View Details
Keywords: Fiduciary Outs; Topping Rights; Revlon Duties; Solvency Opinions; Reverse Termination Fees; Litigation Strategy; Law
Goldberg, Lena G., and Danielle V. Holland. "Hexion/Apollo's Courtship of Huntsman Corporation (A)." Harvard Business School Case 316-028, September 2015.
- August 2023
- Teaching Note
LIV Golf
By: Alexander J. MacKay
Teaching Note for HBS Case No. 723-371. On March 17, 2022, Greg Norman, CEO of LIV Golf, announced the 8-tournament schedule for the inaugural season of the LIV Golf Invitational Series. Norman, a retired professional golfer and former world #1, was helming the league... View Details
- January 2016 (Revised January 2019)
- Supplement
The Allergan Board Under Fire (B)
By: Lynn S. Paine, Suraj Srinivasan, John C. Coates and David Lane
In 2014, the Allergan Inc. board of directors received a surprise takeover offer from Valeant Pharmaceuticals in alliance with hedge fund activist Bill Ackman's Pershing Square Capital Management. In the unprecedented arrangement between an acquirer and a hedge fund... View Details
Keywords: Allergan, Inc.; Valeant; Ackman; Pershing Square; Tender Offer; Activist Investors; Business Models; R&D; Board Of Directors; Securities Litigation; Acquisition Strategy; Takeover Defenses; Hedge Funds; Shareholder Rights; Proxy Contest; Shareholder Special Meetings; Legal Issues In Contested Takeovers; Corporate Governance; Investment Activism; Business and Stakeholder Relations; Business Model; Business and Shareholder Relations; Valuation; Pharmaceutical Industry
Paine, Lynn S., Suraj Srinivasan, John C. Coates, and David Lane. "The Allergan Board Under Fire (B)." Harvard Business School Supplement 316-029, January 2016. (Revised January 2019.)
- Spring 2015
- Article
Sovereign Debt Restructuring: Evaluating the Impact of the Argentina Ruling
By: Laura Alfaro
Recent rulings in the ongoing litigation over the pari passu clause in Argentinian sovereign debt instruments have generated considerable controversy. Some official-sector participants and academic articles have suggested that the rulings will disrupt or impede... View Details
Alfaro, Laura. "Sovereign Debt Restructuring: Evaluating the Impact of the Argentina Ruling." Harvard Business Law Review 5, no. 1 (Spring 2015): 47–71.
- January 2016 (Revised January 2019)
- Case
The Allergan Board Under Fire (A)
By: Lynn S. Paine, Suraj Srinivasan, John C. Coates and David Lane
In 2014, the Allergan Inc. board of directors received a surprise takeover offer from Valeant Pharmaceuticals in alliance with hedge fund activist Bill Ackman's Pershing Square Capital Management. In the unprecedented arrangement between an acquirer and a hedge fund... View Details
Keywords: Allergan, Inc.; Valeant; Ackman; Pershing Square; Tender Offer; Activist Investors; Business Models; R&D; Board Of Directors; Securities Litigation; Acquisition Strategy; Takeover Defenses; Hedge Funds; Shareholder Rights; Proxy Contest; Shareholder Special Meetings; Legal Issues In Contested Takeovers; Governing and Advisory Boards; Mergers and Acquisitions; Corporate Governance; Management Teams; Business and Shareholder Relations; Pharmaceutical Industry
Paine, Lynn S., Suraj Srinivasan, John C. Coates, and David Lane. "The Allergan Board Under Fire (A)." Harvard Business School Case 316-010, January 2016. (Revised January 2019.)
- May 2010 (Revised May 2013)
- Case
C.K. Claridge, Inc.
Sued for patent infringement, chemical manufacturer C.K. Claridge tries to design a settlement strategy taking into account a decision analysis of litigating v. negotiating. The plaintiffs are the patent holder and its sole licensee, who is also a CKC competitor. (This... View Details
Keywords: Decision Making; Patents; Lawsuits and Litigation; Negotiation Style; Negotiation Tactics; Chemical Industry
Sebenius, James K. "C.K. Claridge, Inc." Harvard Business School Case 910-045, May 2010. (Revised May 2013.)
- 2006
- Other Unpublished Work
Does Competition Increase Patent Litigation? Empirical Evidence of Strategic Patenting in the Telecom Equipment Industry
By: Juan Alcacer and Rachelle C. Sampson
Anecdotal evidence suggests that patent litigation has increased in the last 20 years as firms in knowledge intensive industries use patents more frequently to protect their knowledge stocks and managers focus on extracting new revenue streams from existing patent... View Details
- September 2010 (Revised July 2013)
- Case
Alnylam Pharmaceuticals: Building Value from the IP Estate
By: Willy C. Shih and Sen Chai
The learning objective of this case is to help students recognize the interplay between intellectual property (IP) rights and corporate strategy. We do this by examining what is a fairly atypical circumstance today in which a single firm is able to secure what it... View Details
Keywords: Patents; Lawsuits and Litigation; Rights; Competitive Strategy; Corporate Strategy; Biotechnology Industry; Pharmaceutical Industry; United States
Shih, Willy C., and Sen Chai. "Alnylam Pharmaceuticals: Building Value from the IP Estate." Harvard Business School Case 611-009, September 2010. (Revised July 2013.)
- June 2004 (Revised January 2005)
- Case
Rambus Inc., 2004
By: David B. Yoffie and Deborah Freier
Examines the role of technology licensing in strategies for high-technology companies. In the 1990s, Rambus developed a revolutionary memory technology that would improve the ability of DRAMs to keep pace with ever-faster microprocessors. To commercialize the... View Details
Keywords: Innovation Strategy; Lawsuits and Litigation; Strategic Planning; Relationships; Commercialization; Competition; Technology Adoption; Value; Semiconductor Industry
Yoffie, David B., and Deborah Freier. "Rambus Inc., 2004." Harvard Business School Case 704-500, June 2004. (Revised January 2005.)
- April 2007 (Revised June 2008)
- Background Note
USG
By: Elie Ofek and Kerry Herman
Serves as a background note for purposes of class discussion around next-generation innovation at USG. Describes the company, its products, and competitors. Of relevance is the fact that it recently filed for Chapter 11 due to litigation over asbestos-related claims.... View Details
Ofek, Elie, and Kerry Herman. "USG." Harvard Business School Background Note 507-073, April 2007. (Revised June 2008.)