Litigation Strategy - Publications - Faculty & Research - Harvard Business School

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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

January 2008 (Revised August 2008)
Case

AT&T v. Microsoft (A): IP Litigation Strategy

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

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

Keywords: Finance; Entrepreneurship; Growth and Development Strategy; United States

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

Keywords: Strategy; Contracts

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

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

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2016
Working Paper

The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market

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

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

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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

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

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

Web

Antitrust & Competition Policy - Institute For Strategy And Competitiveness

litigation and legislation, both in the United States and internationally. Jul 2001 (Revised Jun 2002) Fundamental Theory Task Force Washington, DC Perspectives on Fundamental Antitrust Theory Report of the Task Force on Fundamental... View Details

The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Industry

We investigate the effect of patent wars on firm strategy using data from the global smartphone market. In particular, we analyze how smartphone vendors not involved in patent litigation strategically respond to increased litigation risks in this industry. We find... View Details

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

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

May 2010 (Revised May 2013)
Case

C.K. Claridge, Inc.

By: James K. Sebenius

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

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

Trang Nguyen

Trang Nguyen is a student at the Ph.D. Business Administration program jointly offered by Harvard Business School and Harvard Graduate School of Arts and Sciences.

Trang is interested in research at the intersection of corporate governance... View Details

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

Keywords: Anti-trust; Golf; ＂Sports Organizations,; Sports Management; Competition; Competition Policy; Strategy; Strategy And Leadership; Sports; Competitive Strategy; Lawsuits and Litigation; Sports Industry

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

Keywords: Patents; Competition; Lawsuits and Litigation

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