Publications

2015
Working Paper

Financial Patent Quality: Finance Patents After State Street

By: Josh Lerner, Andrew Speen, Mark Baker and Ann Leamon

In the past two decades, patents of inventions related to financial services ("finance patents"), as well as litigation around these patents, have surged. One of the repeated concerns voiced by academics and practitioners alike has been about the quality of these... View Details

Keywords: Patents; Lawsuits and Litigation; Finance

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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Other Unpublished Work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

February 2018
Background Note

Patent Trolling

By: Lauren H. Cohen, Umit G. Gurun, Scott Duke Kominers and George Hou

The U.S. Intellectual Property (IP) Ecosystem is one of the most robust and dynamic in the world—and has been for centuries. The bedrock of this system is the "patent," a legal document that allows its holder exclusive commercialization rights of a part of the "idea... View Details

Keywords: Intellectual Property; Patents; Lawsuits and Litigation; United States

July 2005
Teaching Note

Multinational Corporations in Apartheid-Era South Africa: The Issue of Reparations (TN)

By: Geoffrey G. Jones

Teaching Note to (9-804-027). View Details

Keywords: Lawsuits and Litigation; Globalized Firms and Management; South Africa

01 Jun 2004
News

Download This

shared files appear to be individuals who would not have bought the albums that they downloaded.” The study suggests that the music industry’s lawsuits against individuals who make files available for downloading may not have the desired... View Details

Keywords: file sharing; Amusement, Gambling, and Recreation Industries; Arts, Entertainment

25 Feb 2020
News

3-Minute Briefing: Ellen Pao (MBA 1998)

groups that don’t fit the VC mold. There is no magic set of experiences that makes you a great venture capitalist. I filed a gender discrimination suit against Kleiner Perkins because I had tried everything else. It seemed like a lawsuit... View Details

Keywords: April White; photo by Eric Millette

13 May 2019
Research & Ideas

The Unexpected Way Whistleblowers Reduce Government Fraud

behavior on the part of government contractors and to keep a portion of any resulting settlement. Boeing, for example, has paid more than $40 million in settlements stemming from False Claim Act cases in the past five years. A detailed analysis of 296 such View Details

Keywords: by Kristen Senz; Service; Construction

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

April 2006 (Revised March 2007)
Case

Southern States Communications

By: Constance E. Bagley and Michael B. Keating

Managers receiving letters claiming that their products or services violate the intellectual property rights of another sometimes have a tendency to ignore them after their technical staff advises them that the claims have no merit. Illustrates the perils of that... View Details

Keywords: Risk Management; Patents; Lawsuits and Litigation

November 1993 (Revised June 1996)
Case

C.K. Coolidge, Inc. (A)

Coolidge (CKC), a chemical manufacturer, is being sued for patent infringement. Plaintiffs are the patent holder and its sole licensee, who is also a CKC competitor. An analyst at CKC has done breakeven decision analysis from CKC's perspective, balancing going to court... View Details

Keywords: Negotiation Preparation; Patents; Lawsuits and Litigation; Chemical Industry

July 2024
Article

Buying the Verdict

By: Lauren Cohen and Umit Gurun

We document evidence that firms systematically increase specialized, locally targeted advertising following the firm being taken to trial in that given location, precisely following initiation of the suit. In particular, we use legal actions brought against publicly... View Details

Keywords: Lawsuits and Litigation; Advertising; Marketing Strategy

April 1975 (Revised December 1975)
Case

Sorensen Chevrolet File, The

Concerns the settlement of an automobile insurance claim. A woman, blinded in an accident, alleges that approximate cause of the accident was failure by Sorensen Chevrolet to connect the left headlight of her car. The student is asked for a strategy for settling the... View Details

Keywords: Strategy; Negotiation; Insurance; Lawsuits and Litigation; Legal Liability; Insurance Industry; Auto Industry

Article

The Information Content of Litigation Participation Securities: The Case of CalFed Bancorp

By: B. C. Esty

Keywords: Information; Lawsuits and Litigation; Banks and Banking; Banking Industry

Find at Harvard

2017
Working Paper

Tort Reform and Innovation

By: Alberto Galasso and Hong Luo

Current academic and policy debates focus on the impact of tort reforms on physicians’ behavior and medical costs. This paper examines whether these reforms also affect incentives to develop new technologies. We develop a theoretical model which predicts that the... View Details

Keywords: Lawsuits and Litigation; Laws and Statutes; Innovation and Invention; Medical Devices and Supplies Industry

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19 May 2016
Research Event

Crowdsourcing, Patent Trolls, and Other Research Insights Highlighted at Harvard Business School Symposium

average value. (Contests) allow me to find the extreme value.” Curbing the patent trolls Another research presentation focused on the adverse effects around patent litigation, which has increased sharply in the last decade. In fact, 2015 saw the one of the highest... View Details

Keywords: by Dina Gerdeman & Carmen Nobel

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

August 2023
Article

Financing the Litigation Arms Race

By: Samuel Antill and Steven R. Grenadier

Using a dynamic real-option model of litigation, we show that the increasingly popular practice of third-party litigation financing has ambiguous implications for total ex-post litigant surplus. A defendant and a plaintiff bargain over a settlement payment. The... View Details

Keywords: Litigation Financing; Dynamic Bargaining; Real Options; Lawsuits and Litigation; Financing and Loans

SSRN

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July 2012
Case

El Paso's Sale to Kinder Morgan

By: John Coates, Clayton Rose and David Lane

On October 16, 2011, El Paso agreed to sell itself to Kinder Morgan for just over $21 billion. Shareholders filed suit, arguing that the process was tainted by conflict and that a higher price could be obtained. Delaware Chancellor Leo Strine agreed with the plaintiffs... View Details

Keywords: El Paso; Kinder Morgan; Goldman Sachs; Leo Strine; Conflicts Of Interest; Corporate Governance; Relationships; Lawsuits and Litigation; Energy Industry; Banking Industry; United States

September 2002 (Revised June 2003)
Case

Cartier v. Metro

Metro, a German wholesaler, sued Cartier, a French luxury retailer, to require Cartier to honor Cartier's guarantee on its watches that Metro sold, even though Metro is not part of Cartier's selective distribution network. Is such a network incompatible with the... View Details

Keywords: Lawsuits and Litigation; Distribution Channels; Apparel and Accessories Industry; France; Germany; European Union