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    • All HBS Web  (158)
      • Faculty Publications  (43)

      Patent Infringement LitigationRemove Patent Infringement Litigation →

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      • January 2014
      • Supplement

      Fred Khosravi and AccessClosure (C)

      By: Richard Hamermesh and Lauren Barley
      On September 11, 2013, the three-judge panel of the U.S. Court of Appeals for the Federal Circuit denied St. Jude's request to rehear an appeal on the "double patenting" ruling for the '439 patent. Further, it removed the injunction threat that was hanging over the... View Details
      Keywords: Medical Devices; Vascular Closure Device; Patent Litigation; Patenting; Biomedical Research; Biotechnology; Biotech; Technological Innovation; Patents; Health Care and Treatment; Biotechnology Industry; United States
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      Hamermesh, Richard, and Lauren Barley. "Fred Khosravi and AccessClosure (C)." Harvard Business School Supplement 814-074, January 2014.
      • October 2013 (Revised January 2014)
      • Supplement

      Fred Khosravi and AccessClosure (B)

      By: Richard G. Hamermesh and Lauren Barley
      It was January 2013, and Fred Khosravi, chairman of the board of AccessClosure Inc., wondered what the new year had in store for him and AccessClosure, the company he founded in late 2002. Khosravi was cautiously optimistic—the Mountain View, California-based medical... View Details
      Keywords: Medical Devices; Vascular Closure Device; Patent Litigation; Patenting; Biomedical Research; Biotechnology; Biotech; Technological Innovation; Patents; Health Care and Treatment; Biotechnology Industry; United States; California
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      Hamermesh, Richard G., and Lauren Barley. "Fred Khosravi and AccessClosure (B)." Harvard Business School Supplement 814-038, October 2013. (Revised January 2014.)
      • November 2010
      • Article

      The Litigation of Financial Innovations

      By: Josh Lerner
      This paper examines the litigation of patents relating to financial products and services. I show that these grants are being litigated at a rate 27 to 39 times greater than that of patents as a whole. The patents being litigated are disproportionately those issued to... View Details
      Keywords: Patents; Lawsuits and Litigation; Finance
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      Lerner, Josh. "The Litigation of Financial Innovations." Journal of Law & Economics 53, no. 4 (November 2010): 807–831.
      • 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
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      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
      Keywords: Value; Patents; Corporate Strategy; Competition; Research and Development; Lawsuits and Litigation; Pharmaceutical Industry; United States
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      Shih, Willy C. "Alnylam Pharmaceuticals: Building Value from the IP Estate (TN)." Harvard Business School Teaching Note 611-010, September 2010.
      • 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
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      Sebenius, James K. "C.K. Claridge, Inc." Harvard Business School Case 910-045, May 2010. (Revised May 2013.)
      • April 2010
      • Teaching Note

      Carrot or Stick? Getting Paid for Innovation at Tessera Technologies (TN)

      By: Willy C. Shih
      Teaching Note for 610085. View Details
      Keywords: Patents; Production; Situation or Environment; Law Enforcement; Lawsuits and Litigation; Information Technology; Growth and Development; Innovation and Invention; Technology Industry; Semiconductor Industry
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      Shih, Willy C. "Carrot or Stick? Getting Paid for Innovation at Tessera Technologies (TN)." Harvard Business School Teaching Note 610-094, April 2010.
      • 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
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      Shih, Willy C. "Carrot or Stick? Getting Paid for Innovation at Tessera Technologies." Harvard Business School Case 610-085, March 2010. (Revised January 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
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      Shih, Willy C. "AT&T v. Microsoft (B): District Court Ruling and Appeal." Harvard Business School Supplement 608-081, April 2008. (Revised August 2008.)
      • March 2008
      • Case

      Novartis AG: Science-Based Business

      By: H. Kent Bowen and Courtney Purrington
      Novartis is a science-based drug company, which has important implications for its business strategy. It is one of the largest pharmaceutical companies in the world with over $38B in sales in 2007. Pharmaceuticals account for slightly over $24B of that total. In 2007,... View Details
      Keywords: Innovation and Invention; Resource Allocation; Product Development; Partners and Partnerships; Research and Development; Science-Based Business; Pharmaceutical Industry
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      Bowen, H. Kent, and Courtney Purrington. "Novartis AG: Science-Based Business." Harvard Business School Case 608-136, March 2008.
      • 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
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      Shih, Willy. "AT&T v. Microsoft (A): IP Litigation Strategy." Harvard Business School Case 608-080, January 2008. (Revised August 2008.)
      • Article

      Finding Lost Profits: An Equilibrium Analysis of Patent Infringement Damages

      By: James J. Anton and Dennis A. Yao
      We discuss how a seller can appropriate rents when selling knowledge that lacks legal property rights by solving either an expropriation or a valuation problem and then analyze how seller rents increase when a portion of the intellectual property (IP) can be protected.... View Details
      Keywords: Profit; Patents; Management Analysis, Tools, and Techniques; Knowledge; Rights; Strategy; Valuation; Problems and Challenges
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      Anton, James J., and Dennis A. Yao. "Finding Lost Profits: An Equilibrium Analysis of Patent Infringement Damages." Journal of Law, Economics & Organization 23, no. 1 (April 2007): 186–207. (Harvard users click here for full text.)
      • 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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      Alcacer, Juan, and Rachelle C. Sampson. "Does Competition Increase Patent Litigation? Empirical Evidence of Strategic Patenting in the Telecom Equipment Industry." 2006. (Presented at Academy of Management Annual Meeting in Honolulu, HI, August 2005.)
      • 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
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      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
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      Yoffie, David B. "Rambus Inc., 2005." Harvard Business School Case 706-416, August 2005. (Revised April 2006.)
      • July 1999 (Revised April 2001)
      • Case

      Quickturn Design Systems, Inc. (A)

      By: Jay W. Lorsch and Katharina Pick
      Quickturn Design Systems, Inc. faces a hostile takeover bid from its competitor, Mentor Graphics. Mentor makes the bid at a moment when Quickturn's stock price is depressed and the company is defending against a patent suit filed by Mentor. The two companies have a... View Details
      Keywords: Patents; Governing and Advisory Boards; Behavior; Lawsuits and Litigation; Organizations; Acquisition; Corporate Governance; Service Industry
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      Lorsch, Jay W., and Katharina Pick. "Quickturn Design Systems, Inc. (A)." Harvard Business School Case 400-001, July 1999. (Revised April 2001.)
      • July 1999 (Revised April 2001)
      • Case

      Quickturn Design Systems, Inc. (B)

      By: Jay W. Lorsch and Katharina Pick
      Supplements the (A) case. View Details
      Keywords: Patents; Governing and Advisory Boards; Behavior; Lawsuits and Litigation; Organizations; Acquisition; Corporate Governance; Service Industry
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      Lorsch, Jay W., and Katharina Pick. "Quickturn Design Systems, Inc. (B)." Harvard Business School Case 400-003, July 1999. (Revised April 2001.)
      • July 1999
      • Case

      Quickturn Design Systems, Inc. (C)

      By: Jay W. Lorsch and Katharina Pick
      Supplements the (A) case. View Details
      Keywords: Patents; Governing and Advisory Boards; Behavior; Lawsuits and Litigation; Organizations; Acquisition; Corporate Governance; Service Industry
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      Lorsch, Jay W., and Katharina Pick. "Quickturn Design Systems, Inc. (C)." Harvard Business School Case 400-004, July 1999.
      • July 1999 (Revised October 2001)
      • Case

      Quickturn Design Systems, Inc. (D)

      By: Jay W. Lorsch and Katharina Pick
      Supplements the (A) case. View Details
      Keywords: Patents; Governing and Advisory Boards; Behavior; Lawsuits and Litigation; Organizations; Acquisition; Corporate Governance; Service Industry
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      Lorsch, Jay W., and Katharina Pick. "Quickturn Design Systems, Inc. (D)." Harvard Business School Case 400-005, July 1999. (Revised October 2001.)
      • July 1999
      • Case

      Quickturn Design Systems, Inc. (E)

      By: Jay W. Lorsch and Katharina Pick
      Supplements the (A) case. View Details
      Keywords: Patents; Governing and Advisory Boards; Behavior; Lawsuits and Litigation; Organizations; Acquisition; Corporate Governance; Service Industry
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      Lorsch, Jay W., and Katharina Pick. "Quickturn Design Systems, Inc. (E)." Harvard Business School Case 400-006, July 1999.
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