Publications

Read Now

10 May 2016
First Look

May 10, 2016

last decade has seen a sharp rise in patent litigation in the U.S., with 2015 having one of the highest patent lawsuit counts on record. In theory, this could be a consequence of growth in the commercialization of technology and... View Details

Keywords: Carmen Nobel

November 2024
Supplement

Epic Games: Nineteen Eighty-Fortnite (B)

By: Andy Wu and Ronald Wang

In a significant ruling on April 24, 2023, the U.S. Court of Appeals for the Ninth Circuit upheld portions of the district court’s decision against Epic Games back in September 2021. However, Apple’s anti-steering provisions, which restricted app developers from... View Details

Keywords: Lawsuits and Litigation; Market Transactions; Applications and Software; Technology Industry; Video Game Industry

2017
Chapter

Empirical Evidence on the Behavior and Impact of Patent Trolls: A Survey

By: Lauren Cohen, Umit Gurun and Scott Duke Kominers

We survey the empirical literature on non-practicing entity (NPE) litigation behavior and its consequences. We document both aggregate trends and cross-sectional differences amongst various types of NPEs. Survey evidence illustrates a number of ways in which NPEs can... View Details

Keywords: Patent Trolls; NPEs; PAEs; Innovation; Patents; Lawsuits and Litigation; Innovation and Invention

Find at Harvard

10 Sep 2008
Research & Ideas

Long-Tail Economics? Give Me Blockbusters!

also worries that a company is at risk if sales depend too much on one or two megabrands that could run into lawsuits from generic competitors or regulatory challenges. On the other hand, the president of Warner Bros. (think Batman) aims... View Details

Keywords: by John Quelch; Entertainment & Recreation; Pharmaceutical

Article

The Formation and Role of Reputation and Litigation in the Auditor-Manager Relationship

By: S. Datar and M. Alles

Keywords: Reputation; Lawsuits and Litigation; Relationships; Management; Accounting Audits

Find at Harvard

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

13 May 2019
Working Paper Summaries

The Changing Landscape of Auditor Litigation and Its Implications for Audit Quality

Keywords: by Colleen Honigsberg, Shivaram Rajgopal, and Suraj Srinivasan; Accounting; Legal Services

03 May 2004
What Do You Think?

How Much Is Enough?

the executive suite has brought them unfavorable headlines, lawsuits and, at the extreme, jail time? Is it the kind of thinking that could, if translated into practical examples and exercises, benefit prospective MBAs in search of... View Details

Keywords: by James Heskett

09 Sep 2024
HBS Case

McDonald’s and the Post #MeToo Rules of Sex in the Workplace

recognize that a CEO is the face of the company and its brands, and steward of its culture,” says Paine. The board ousts Easterbrook, lawsuits follow The board decided to fire Easterbrook without cause—since establishing cause would have... View Details

Keywords: by Avery Forman; Food & Beverage

September 2024
Background Note

Copyright and Fair Use

By: David B. Yoffie

The U.S. Copyright Office defines a copyright as “a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression.” Two core principles of copyright are originality and fixation. A work is... View Details

Keywords: AI and Machine Learning; Copyright; Lawsuits and Litigation; United States

June 1989 (Revised May 1993)
Supplement

Rossin Greenberg Seronick & Hill, Inc. (C)

By: John A. Quelch

Teaching objectives: 1) to consider legal and other obligations advertising agencies owe to their clients, 2) to show how aggressive marketing can lead to allegations of misconduct, 3) to explore conflicts of interest which may arise for professional service companies... View Details

Keywords: Conflict of Interests; Ethics; Lawsuits and Litigation; Marketing; Advertising; Advertising Industry; New England

fall 2008
Article

Typosquatting: Unintended Adventures in Browsing

By: Benjamin Edelman

"Typosquatting" is the practice of registering domain names, identical to or confusingly similar to trademarks and famous names, in hopes that users will accidentally request these sites—whereupon they will receive, typically, advertisements. This piece presents the... View Details

Keywords: Web; Advertising; Business Model; Lawsuits and Litigation; Profit; Practice

April 2024
Case

Qualcomm, Inc. in 2024

By: David B. Yoffie and Sarah von Bargen

Qualcomm was facing a new era in 2024. After a judge’s adverse anti-trust decision almost destroyed Qualcomm’s business model, the company was victorious on appeal. The new CEO was optimistic about new growth opportunities in technologies such as 5G, AI, and augmented... View Details

Keywords: Business Model; Lawsuits and Litigation; Growth and Development Strategy; Organizational Change and Adaptation; Valuation; Business Strategy; Technology Industry; United States; China

September 2002
Case

Seattle Public Schools, 1995-2002 (C2): Race, Class, and School Choice

Presents the decision by the Federal Court of Appeals for the ninth Circuit in the spring of 2002 to invalidate Seattle's use of race as a factor in allocating space in Seattle's oversubscribed schools. Summarizes the posture and content of the litigation, including... View Details

Keywords: Management; Leadership; Income; Social Entrepreneurship; Race; Lawsuits and Litigation; Education; Education Industry; Seattle

July 2018 (Revised August 2018)
Case

Rocky Mountain Condiments: Close Encounters with the Legal System for the First Time

By: Lena G. Goldberg

The founder of a Colorado start-up focused on developing a line of condiments confronts a host of legal issues that threaten the viability of her young enterprise. She is suing a co-packer for, among other things, breach of contract, theft of recipes and trade secrets,... View Details

Keywords: Law And Regulation; Start-ups; Founders' Agreements; Cross-Border Jurisdiction; Torts; Consumer Protection; Non-disclosure Agreements; Intellectual Property Protection; Fraud; Legal Remedies; Law; Lawsuits and Litigation; Laws and Statutes; Business Startups; Contracts; Intellectual Property; Food and Beverage Industry

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

Find at Harvard

September 2009 (Revised August 2011)
Case

Scooter Lindley: The Formation Call

By: Lena G. Goldberg

Factors affecting decision making about appropriate types of business entities are explored in the context of advising a prospective investor with particular emphasis on why LLCs are increasingly "go-to" entities. The potential effect of choice of organization on... View Details

Keywords: Business Organization; Decision Choices and Conditions; Entrepreneurship; Investment; Lawsuits and Litigation; Delaware