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- All HBS Web
(154)
- Faculty Publications (44)
- 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.)
- 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.
- 2014
- Working Paper
Bio-Piracy or Prospering Together? Fuzzy Set and Qualitative Analysis of Herbal Patenting by Firms
By: Prithwiraj Choudhury and Tarun Khanna
Since the 1990s, several Western firms have filed patents based on medicinal herbs from emerging markets, evoking protests from local stakeholders against 'bio-piracy'. We explore conditions under which firms and local stakeholders share rents from such patents. Our... View Details
Keywords: Rents From New Technology; Local Stakeholders; Herbal Patents; QCA; Fuzzy Set Analysis; Qualitative Case Studies; Plant-Based Agribusiness; Patents; Emerging Markets; Health Care and Treatment; Business and Stakeholder Relations; Cross-Cultural and Cross-Border Issues; Agriculture and Agribusiness Industry; Pharmaceutical Industry
Choudhury, Prithwiraj, and Tarun Khanna. "Bio-Piracy or Prospering Together? Fuzzy Set and Qualitative Analysis of Herbal Patenting by Firms." Harvard Business School Working Paper, No. 14-081, February 2014.
- 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.)
- September 2010
- Teaching Note
Alnylam Pharmaceuticals: Building Value from the IP Estate (TN)
By: Willy C. Shih
Teaching Note for 611009. View Details
- 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.)
- March 2010 (Revised January 2011)
- Case
Carrot or Stick? Getting Paid for Innovation at Tessera Technologies
By: Willy C. Shih
Tessera Technologies has been very successful developing technologies for the semiconductor and mobile device industry, and then licensing them broadly to manufacturers. In addition to licensing patents, it also supplies know-how to help manufacturers move into... View Details
Keywords: Business Model; Innovation Strategy; Patents; Courts and Trials; Rights; Mobile Technology; Semiconductor Industry; California
Shih, Willy C. "Carrot or Stick? Getting Paid for Innovation at Tessera Technologies." Harvard Business School Case 610-085, March 2010. (Revised January 2011.)
- October 2009 (Revised May 2011)
- Case
Stolt-Nielsen Transportation Group
By: Lynn S. Paine and Lara Adamsons
Richard Wingfield considers whether to continue a cooperative agreement with industry peers in the deep-sea parcel tanker shipping industry. What are the economic and strategic implications of ending the agreement? What are the legal implications of continuing? Where... View Details
Keywords: Lawfulness; Lawsuits and Litigation; Agreements and Arrangements; Alliances; Cooperation; Ship Transportation; Shipping Industry
Paine, Lynn S., and Lara Adamsons. "Stolt-Nielsen Transportation Group." Harvard Business School Case 310-043, October 2009. (Revised May 2011.)
- April 2008 (Revised August 2008)
- Supplement
AT&T v. Microsoft (B): District Court Ruling and Appeal
By: Willy C. Shih
The (B) case follows the course of Microsoft's settlement with AT&T, and its appeal in the issue of foreign replicated software that eventually goes to the U.S. Supreme Court. It is intended for follow-up the discussion of the (A) case with what happened, examining a... View Details
Keywords: Patents; Lawsuits and Litigation; Conflict and Resolution; Competitive Strategy; Technology Industry
Shih, Willy C. "AT&T v. Microsoft (B): District Court Ruling and Appeal." Harvard Business School Supplement 608-081, April 2008. (Revised August 2008.)
- February 2008
- Article
Attracting Skeptical Buyers: Negotiating for Intellectual Property Rights
By: James J. Anton and Dennis A. Yao
Expropriable disclosures of knowledge to prospective buyers may be necessary to facilitate the sale of intellectual property (IP). In principle, confidentiality agreements can protect disclosures by granting the seller rights to sue for unauthorized use. In practice,... View Details
Keywords: Corporate Disclosure; Intellectual Property; Knowledge Sharing; Lawsuits and Litigation; Rights; Agreements and Arrangements; Competition
Anton, James J., and Dennis A. Yao. "Attracting Skeptical Buyers: Negotiating for Intellectual Property Rights." International Economic Review 49, no. 1 (February 2008): 319–348. (Harvard users click here for full text.)
- 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.)
- October 2007 (Revised December 2007)
- Case
TiVo 2007: DVRs and Beyond
By: David B. Yoffie and Michael Slind
Tom Rogers, CEO of TiVo, had placed multiple strategic bets on his company. In September 2007, that strategy was due for a major test. TiVo was a maker of digital video recorder (DVR) products and a distributor of DVR technology. Rogers believed that macro-trends in... View Details
Keywords: Advertising; Business Model; Television Entertainment; Intellectual Property; Lawsuits and Litigation; Management Analysis, Tools, and Techniques; Distribution; Problems and Challenges; Partners and Partnerships; Research; Internet; Entertainment and Recreation Industry; United States
Yoffie, David B., and Michael Slind. "TiVo 2007: DVRs and Beyond." Harvard Business School Case 708-401, October 2007. (Revised December 2007.)
- May 2007
- Case
Free the Grapes--Direct-to-Consumer Shipping in the Wine Industry
By: Felix Oberholzer-Gee, Dennis A. Yao, Patricia Wu and Libby Cantrill
While wine tourism in the United States was booming, the majority of consumers who tasted a Cabernet Sauvignon in one of Napa Valley's tasting rooms were not permitted to ship the wine directly to their home. In 2002, direct-to-consumer shipping was either banned or... View Details
Keywords: Business Conglomerates; Governing Rules, Regulations, and Reforms; Lawsuits and Litigation; Agreements and Arrangements; Business and Government Relations; Corporate Strategy; Food and Beverage Industry; United States
Oberholzer-Gee, Felix, Dennis A. Yao, Patricia Wu, and Libby Cantrill. "Free the Grapes--Direct-to-Consumer Shipping in the Wine Industry." Harvard Business School Case 707-472, May 2007.
- 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.)
- November 2006 (Revised March 2007)
- Case
Goodyear and the Threat of Government Tire Grading
By: Felix Oberholzer-Gee, Dennis A. Yao and Elizabeth Raabe
In the spring of 1977, Goodyear CEO Charles J. Pilliod Jr. was looking at an internal report on government and legal events relevant to the tire industry. Two items caught his attention. First, he noticed that an industry suit to block the government's proposed system... View Details
Keywords: Competitive Advantage; Lawsuits and Litigation; Auto Industry; Rubber Industry; United States
Oberholzer-Gee, Felix, Dennis A. Yao, and Elizabeth Raabe. "Goodyear and the Threat of Government Tire Grading." Harvard Business School Case 707-494, November 2006. (Revised March 2007.)
- 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
- May 2006 (Revised October 2007)
- Case
EU Verdict Against Microsoft
By: David B. Yoffie and Michael Slind
In 2004, following an investigation that began in 1998, the European Commission (EC) issued an antitrust judgment against Microsoft Corp., levying a record fine of 497 million euros ($613 million) and mandating changes of commercial behavior and bundling of Windows... View Details
Keywords: Judgments; Governance Compliance; Lawsuits and Litigation; Monopoly; Business and Government Relations; Competitive Strategy; Software; European Union; United States
Yoffie, David B., and Michael Slind. "EU Verdict Against Microsoft." Harvard Business School Case 706-503, May 2006. (Revised October 2007.)
- Article
Policy Implications of Weak Patent Rights
By: James J. Anton, Hillary Greene and Dennis Yao
Patents vary substantially in the degree of protection provided against unauthorized imitation. In this chapter we explore a range of work addressing the economic and policy implications of "weak" patents—patents that have a significant probability of being overturned... View Details
Keywords: Patents; Motivation and Incentives; Entrepreneurship; Competition; Policy; Innovation and Invention; Rights; Monopoly; Business Startups
Anton, James J., Hillary Greene, and Dennis Yao. "Policy Implications of Weak Patent Rights." Innovation Policy and the Economy 6 (2006): 1–26. (Harvard users click here for full text.)
- August 2005 (Revised April 2006)
- Case
Rambus Inc., 2005
By: David B. Yoffie
Rambus is grappling with the ever-changing dynamics of the DRAM/semiconductor industry. The company is actively defending its patent portfolio through litigation and exploring both partnerships and industry standards for keys to future profitability and growth. How can... View Details
Keywords: Competition; Partners and Partnerships; Lawsuits and Litigation; Growth and Development Strategy; Semiconductor Industry; United States
Yoffie, David B. "Rambus Inc., 2005." Harvard Business School Case 706-416, August 2005. (Revised April 2006.)
- 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.)