Publications

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

Educators

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

Educators

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

Educators

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

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

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

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

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

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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16 Jan 2014
Research & Ideas

Resolving Patent Disputes that Impede Innovation

says. In December, for example, the Institute of Electrical and Electronics Engineers (IEEE) issued an amicus brief related to a case in which telecom equipment giant Ericsson sued Dell and six other hardware companies for patent View Details

Keywords: by Carmen Nobel; Technology; Legal Services

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

27 Aug 2013
Working Paper Summaries

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

Keywords: by Yongwook Paik & Feng Zhu; Legal Services

19 May 2016
Research Event

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

for alleged patent violations, and it seems they do so regardless of whether patents were infringed on or not. NPEs are well aware that with intellectual property, the idea... View Details

Keywords: by Dina Gerdeman & Carmen Nobel

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

July 2008 (Revised August 2008)
Supplement

Fidelity Investments' Charitable Gift Fund (B)

By: Robert C. Pozen

The (B) case informs students of Fidelity's decision about pursuing a business process patent for its charitable gift fund and describes subsequent litigation and lawsuits filed by other companies over business process patent issues. View Details

Keywords: Investment Funds; Patents; Lawsuits and Litigation; Business Processes

August 2007
Case

The Battle Of Union Square

Union Square Ventures, a Private Equity firm founded in 2003, filed a trademark infringement suit against Union Square Partners, another private equity firm founded in November 2006. Examines the possible impact that public litigation will have on the two firms. The... View Details

Keywords: Private Equity; Investment; Trademarks; Lawsuits and Litigation; Conflict Management; Reputation; Financial Services Industry