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- Faculty Publications (63)
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- All HBS Web (130)
- Faculty Publications (63)
- 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
Shih, Willy C., Chen-Fu Chien, and Hung-Kai Wang. "Epistar and the Global LED Market." Harvard Business School Case 615-053, June 2015. (Revised January 2017.)
- 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
Cohen, Lauren H., Umit G. Gurun, Scott Duke Kominers, and George Hou. "Patent Trolling." Harvard Business School Background Note 218-085, February 2018.
- 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
Shih, Willy. "AT&T v. Microsoft (A): IP Litigation Strategy." Harvard Business School Case 608-080, January 2008. (Revised August 2008.)
- 22 Jan 2016
- Working Paper Summaries
Financial Patent Quality: Finance Patents After State Street
- 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- Other Unpublished Work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
- 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
Choudhury, Prithwiraj, and Tarun Khanna. "Bio-Piracy or Prospering Together? Fuzzy Set and Qualitative Analysis of Herbal Patenting by Firms." Harvard Business School Working Paper, No. 14-081, February 2014.
- 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
Galasso, Alberto, and Hong Luo. "Product Liability Litigation and Innovation: Evidence from Medical Devices." Harvard Business School Working Paper, No. 24-063, March 2024.
- 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
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.)
- 04 Mar 2015
- News
Patent trolls: Why no one likes them
- 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
Pozen, Robert C., and Jordan Hirsch. "International Enforcement of U.S. Patents." Harvard Business School Background Note 309-022, August 2008. (Revised May 2009.)
- 20 Aug 2014
- Research & Ideas
Dragging Patent Trolls Into the Light
role by sticking up for small inventors, going up against big companies that steal the ideas of entrepreneurs who are unable to fight their own legal battles. (NPEs acquire patents either by purchasing them from companies, inventors, and... View Details
- 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
Hamermesh, Richard G., and Lauren Barley. "Fred Khosravi and AccessClosure (B)." Harvard Business School Supplement 814-038, October 2013. (Revised January 2014.)
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
- 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
Kempf, Elisabeth, and Oliver Spalt. "Attracting the Sharks: Corporate Innovation and Securities Class Action Lawsuits." Management Science 69, no. 3 (March 2023): 1323–1934.
- 27 Aug 2013
- Working Paper Summaries
The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market
- 01 Dec 2016
- News
The US Patent System’s Uncertain Fate
court for patent cases. That sounded reasonable on the surface, but it ended up making more stuff patentable with more remedies for patent holders. It has led to a flood of... View Details
Keywords: April White
- 16 Jan 2014
- Research & Ideas
Resolving Patent Disputes that Impede Innovation
Land Rover, for instance, while the Universal Serial Bus (USB) helps standardize the connection of countless computer peripherals. Intellectual property owners often strive to have their patents included in these standards, such that in... View Details
- 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
Hamermesh, Richard, and Lauren Barley. "Fred Khosravi and AccessClosure (C)." Harvard Business School Supplement 814-074, January 2014.