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February 2021
Case

The Tulsa Massacre and the Call for Reparations

By: Mihir Desai, Ruth Page, Suzanne Antoniou and Leanne Fan

How should historic social injustices be addressed? Survivors of the 1921 Tulsa Massacre and their descendants, including Representative Regina Goodwin of Tulsa, believe they should be addressed through reparations and have consequently continued to push the government... 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

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

Research Summary

What Makes the Bonding Stick? A Natural Experiment Testing the Legal Bonding Hypothesis

On March 29, 2010, the U.S. Supreme Court signaled its intention to geographically limit the reach of the U.S. securities antifraud regime and thus differentially exclude U.S.-listed foreign firms from the ambit of formal U.S. antifraud enforcement. We use this legal... View Details

Keywords: Securities Litigation; Corporate Governance

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

2016
Working Paper

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

Strategy scholars have documented in various empirical settings that firms seek and leverage stronger institutions to mitigate hazards and gain competitive advantage. In this paper, we argue that such “institution-seeking” behavior may not be confined to the pursuit of... View Details

Keywords: Patent Wars; Patent Litigation; Intellectual Property (IP) Enforcement; Institutions; Smartphone; Patent Thicket; Digital Platforms; Patents; Lawsuits and Litigation; Globalized Markets and Industries; Business Strategy; Telecommunications Industry

December 2012 (Revised November 2014)
Case

W.R. Grace & Co.: Dealing with Asbestos Torts

By: Stuart C. Gilson and Sarah L. Abbott

A manufacturer of building products and specialty chemicals, W. R. Grace & Co. filed for Chapter 11 bankruptcy in 2001 in response to a flood of lawsuits alleging that its products contained asbestos, and had caused hundreds of thousands of people to contract... View Details

Keywords: Bankruptcy Reorganization; Business Failures; Environmental Regulations; Class Action Lawsuits; Natural Environment; Valuation; Health Disorders; Capital Structure; Restructuring; Lawsuits and Litigation; Chemicals; Crisis Management; Insolvency and Bankruptcy; Legal Liability; Construction Industry; Chemical Industry; United States

November–December 2016
Article

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

By: Yongwook Paik and Feng Zhu

Strategy scholars have documented in various empirical settings that firms seek and leverage stronger institutions to mitigate hazards and gain competitive advantage. In this paper, we argue that such “institution-seeking” behavior may not be confined to the pursuit of... View Details

Keywords: Patent Wars; Patent Litigation; Intellectual Property (IP) Enforcement; Institutions; Patent Thicket; Smartphone; Patents; Corporate Strategy; Mobile Technology

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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

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Article

Measuring Audit Quality

By: Shivaram Rajgopal, Suraj Srinivasan and Xin Zheng

In this paper, we document 45 specific allegations related to audit deficiencies based on GAAS, as detailed in 141 AAERs and 153 securities class action lawsuits over the violation years 1978–2016. Next, we use these allegations to validate existing popular proxies of... View Details

Keywords: Audit Quality; Audit Deficiency; AAER; Securities Class Action Lawsuits; Enforcement; Accounting Audits; Quality; Measurement and Metrics

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January 2019 (Revised May 2019)
Case

When Trolls Attack: Carbonite vs. Oasis Research

By: Lauren H. Cohen, Umit G. Gurun, Scott Duke Kominers and Sarah Mehta

This case, set in October 2017, follows Danielle Sheer, general counsel for Carbonite, as she defends the company against claims of patent infringement. It provides a broad overview of the U.S. patent system and explores the impact that non-practicing entities... View Details

Keywords: Patent Infringement Litigation; Non-practicing Entities; Patent Trolls; Innovation and Invention; Intellectual Property; Patents; Laws and Statutes; Lawsuits and Litigation; Legal Liability; Computer Industry; Technology Industry; Boston

2019
Working Paper

U.S. Antitrust Law and Policy in Historical Perspective

By: Laura Phillips Sawyer

The key pieces of antitrust legislation in the United States—the Sherman Antitrust Act of 1890 and the Clayton Act of 1914—contain broad language that has afforded the courts wide latitude in interpreting and enforcing the law. This article chronicles the judiciary’s... View Details

Keywords: Antitrust; Trusts; Restraint Of Trade; Merger; Cartel; New Deal; Harvard School; Chicago School Of Law And Economics; Post-Chicago; Law; Competition; Policy; Vertical Integration; Horizontal Integration; Acquisition

October 2007 (Revised December 2007)
Case

TiVo 2007: DVRs and Beyond

By: David B. Yoffie and Michael Slind

Tom Rogers, CEO of TiVo, had placed multiple strategic bets on his company. In September 2007, that strategy was due for a major test. TiVo was a maker of digital video recorder (DVR) products and a distributor of DVR technology. Rogers believed that macro-trends in... View Details

Keywords: Advertising; Business Model; Television Entertainment; Intellectual Property; Lawsuits and Litigation; Management Analysis, Tools, and Techniques; Distribution; Problems and Challenges; Partners and Partnerships; Research; Internet; Entertainment and Recreation Industry; United States

Winter 2001
Other Article

Competition and Antitrust: A Productivity-Based Approach to Evaluating Mergers and Joint Ventures

By: Michael E. Porter

This article seeks to contribute thinking on how the intellectual foundations of antitrust might be updated, based on a large body of theoretical and empirical research on company strategy, competition, and economic development. The aim is to outline a new direction... View Details

Keywords: Society; Strategy

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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

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February 2010 (Revised June 2014)
Supplement

CityCenter (C): Turmoil and Choices

By: John D. Macomber

"CityCenter (C)" follows the (A) and (B) cases chronologically. The (C) case explores the decisions facing MGM MIRAGE following a lawsuit by partner Dubai World and suspension of Dubai World's cash contributions to the project in early 2009. Issues include the... View Details

Keywords: Lawsuits and Litigation; Private Equity; Games, Gaming, and Gambling; Decisions; Partners and Partnerships; Conflict and Resolution; Entertainment and Recreation Industry; Nevada

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

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December 2006 (Revised March 2010)
Case

Bill Gates and Steve Jobs

By: Anthony Mayo and Mark Benson

Bill Gates and Steve Jobs, founders of Microsoft and Apple respectively, have revolutionized the relationship between the individual and computer technology. Once the exclusive domain of academia and research facilities, computers can now be found in every area of... View Details

Keywords: Entrepreneurship; Business History; Technological Innovation; Leadership; Risk and Uncertainty; Technology Industry

Article

Cash-for-Information Whistleblower Programs: Effects on Whistleblowing and Consequences for Whistleblowers

By: Aiyesha Dey, Jonas Heese and Gerardo Pérez Cavazos

Cash-for-information whistleblower programs have gained momentum as a regulatory tool to enforce corporate misconduct. Yet, little is known about how financial incentives affect whistleblowers’ decisions to report potential misconduct to authorities. Similarly, there... View Details

Keywords: Corporate Misconduct; Whistleblowers; Financial Incentives; Ethics; Governance Compliance; Lawsuits and Litigation

22 Jun 2021
Research & Ideas

The COVID-19 Mutiny: When Teams Leave and Take Their Clients

and access of information. It’s not as if people were terribly cautious in pre-pandemic days. Many people have mistakenly assumed that they could freely engage with competitors as long as they weren’t bound by non-compete agreements—and... View Details

Keywords: by Robin Abrahams, Boris Groysberg, and Steven L. Manchel

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