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  • June 2015
  • Article

Standard-Essential Patents

By: Josh Lerner and Jean Tirole
A major policy issue in standard setting is that patents that are ex-ante not that important may, by being included into the standard, become standard-essential patents (SEPs). In an attempt to curb the monopoly power that they create, most standard-setting... View Details
Keywords: Patents; Policy; Standards
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  • 25 Nov 2013
  • Working Paper Summaries

Standard-Essential Patents

Keywords: by Josh Lerner & Jean Tirole; Legal Services
  • 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  • Other Unpublished Work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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  • 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
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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
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  • 21 Oct 2010
  • News

The great patent battle

  • 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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    Patent Trolls: Evidence and Proposed Solutions

     

    The Growing Problem of Patent Trolling • SCIENCE • VIDEO

    View Details

    • 22 Jan 2016
    • Working Paper Summaries

    Financial Patent Quality: Finance Patents After State Street

    Keywords: by Josh Lerner, Ann Leamon, Mark Baker & Andrew Speen; Financial Services
    • 04 Mar 2015
    • News

    Patent trolls: Why no one likes them

    • 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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    • 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
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    • 2024
    • Working Paper

    Product Liability Litigation and Innovation: Evidence from Medical Devices

    By: Alberto Galasso and Hong Luo
    We examine the relationship between product liability litigation and innovation by systematically combining data on product liability lawsuits with data on new product introductions in a panel dataset of leading medical device firms. We first document a decline in... View Details
    Keywords: Lawsuits and Litigation; Product Development; Technological Innovation; Safety; Governing Rules, Regulations, and Reforms; Medical Devices and Supplies Industry
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    • 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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    • August 2008 (Revised May 2009)
    • Background Note

    International Enforcement of U.S. Patents

    By: Robert C. Pozen and Jordan Hirsch
    A company that owns a U.S. patent can enforce its patent protections in three ways: by filing a lawsuit in U.S. federal district court, by bringing action in the International Trade Commission, or through the World Trade Organization. This note discusses the pros and... View Details
    Keywords: International Relations; Patents; Courts and Trials; Lawsuits and Litigation; Rights
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    • 06 Feb 2006
    • Research & Ideas

    Sorting Out the Patent Craze

    succeed: Despite Rambus' best efforts to craft their patent claims around the elements of the standard, it was, in the court's judgment, possible to comply with the standard without infringing any of the... View Details
    Keywords: by Sara Grant; Technology
    • 20 Aug 2014
    • Research & Ideas

    Dragging Patent Trolls Into the Light

    penalties to infringement," says Cohen. Patent trolls bank that, in some cases, companies will settle rather than pay the time and monetary costs of fighting infringement lawsuits. In others cases,... View Details
    Keywords: by Michael Blanding; Legal Services

      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

      • 01 Mar 2005
      • News

      A Primer on Patents

      LERNER: Congress won’t address needed patent reforms until CEOs get involved in lobbying for change. Professor Josh Lerner, who holds a joint appointment in the School’s Finance and Entrepreneurial Management units, is best known as an... View Details
      Keywords: James E. Aisner; Colleges, Universities, and Professional Schools; Educational Services
      • March 2023
      • Article

      Attracting the Sharks: Corporate Innovation and Securities Class Action Lawsuits

      By: Elisabeth Kempf and Oliver Spalt
      This paper provides novel evidence suggesting that securities class action lawsuits, a central pillar of the U.S. litigation and corporate governance system, can constitute an obstacle to valuable corporate innovation. We first establish that valuable innovation output... View Details
      Keywords: Class-action Litigation; Turnover; Lawsuits and Litigation; Innovation and Invention; Risk and Uncertainty
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