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  • August 2017 (Revised November 2019)
  • Case

Capitol Digital

By: Richard Ruback and Royce Yudkoff
The case describes the acquisition of Capitol Digital, which specialized in litigation support and digital forensics, including due diligence findings and first year operational plans. View Details
Keywords: Mergers and Acquisitions; Planning
Related

    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

    • 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
    Related
    • 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    • Other Unpublished Work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
    Related
    • February 2013
    • Article

    An Activity-Generating Theory of Regulation

    By: Joshua Schwartzstein and Andrei Shleifer
    We propose an activity-generating theory of regulation. When courts make errors, tort litigation becomes unpredictable and as such imposes risk on firms, thereby discouraging entry, innovation, and other socially desirable activity. When social returns to activity are... View Details
    Keywords: Courts and Trials; Lawsuits and Litigation; Governing Rules, Regulations, and Reforms; Theory
    Related
    • 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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      John F. Batter

      John Batter is a retired Litigation Partner in the Boston Office of Wilmer Cutler Pickering Hale and Dorr LLP where his practice focussed on on the defense of public and private companies and their directors and management against breach of fiduciary duty claims and... View Details

        Patent Trolls: Evidence and Proposed Solutions

         

        The Growing Problem of Patent Trolling • SCIENCE • VIDEO

        View Details

        • 12 May 2016
        • Blog Post

        Reflecting on the JD/MBA Experience

        through commercial litigation or transactional M&A work. Harvard was my first choice because I had an outstanding undergraduate experience there and because Harvard's JD/MBA program combines both Harvard Law School and Harvard... View Details
        • 2018
        • Working Paper

        Patent Trolls: Evidence from Targeted Firms

        By: Lauren Cohen, Umit G. Gurun and Scott Duke Kominers
        We provide the first large-sample evidence on the behavior and impact of non-practicing entities (NPEs) in the intellectual property space. We find that on average, NPEs appear to behave as opportunistic “patent trolls.” NPEs sue cash-rich firms—and target cash in... View Details
        Keywords: Patent Trolls; NPEs; PAEs; Innovation; Patents; Ethics; Lawsuits and Litigation; Innovation and Invention; Corporate Finance
        Related

          Samuel B. Antill

          Samuel Antill is an assistant professor of business administration in the Finance Unit at Harvard Business School. He teaches the Finance II course in the MBA required curriculum.

          Professor Antill’s research interests are in corporate... View Details
          • April 2007 (Revised June 2008)
          • Background Note

          USG

          By: Elie Ofek and Kerry Herman
          Serves as a background note for purposes of class discussion around next-generation innovation at USG. Describes the company, its products, and competitors. Of relevance is the fact that it recently filed for Chapter 11 due to litigation over asbestos-related claims.... View Details
          Keywords: Insolvency and Bankruptcy; Innovation and Invention; Lawsuits and Litigation; Competition
          Related
          • 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
          Related
          • Spring 2015
          • Article

          Sovereign Debt Restructuring: Evaluating the Impact of the Argentina Ruling

          By: Laura Alfaro
          Recent rulings in the ongoing litigation over the pari passu clause in Argentinian sovereign debt instruments have generated considerable controversy. Some official-sector participants and academic articles have suggested that the rulings will disrupt or impede... View Details
          Related
          • September 2009 (Revised August 2011)
          • Case

          Urban Decay: A Great Idea

          By: Lena G. Goldberg
          Casual discussions of ideas for a new business can have unintended legal consequences and expectations about founder status and ownership shares may diverge widely. Using facts from a litigated case, the concept of inadvertent formation of a partnership is explored. View Details
          Keywords: Business Startups; Spoken Communication; Lawsuits and Litigation; Ownership Stake; Partners and Partnerships
          Related
          • January 2016 (Revised January 2019)
          • Case

          The Allergan Board Under Fire (A)

          By: Lynn S. Paine, Suraj Srinivasan, John C. Coates and David Lane
          In 2014, the Allergan Inc. board of directors received a surprise takeover offer from Valeant Pharmaceuticals in alliance with hedge fund activist Bill Ackman's Pershing Square Capital Management. In the unprecedented arrangement between an acquirer and a hedge fund... View Details
          Keywords: Allergan, Inc.; Valeant; Ackman; Pershing Square; Tender Offer; Activist Investors; Business Models; R＆D; Board Of Directors; Securities Litigation; Acquisition Strategy; Takeover Defenses; Hedge Funds; Shareholder Rights; Proxy Contest; Shareholder Special Meetings; Legal Issues In Contested Takeovers; Governing and Advisory Boards; Mergers and Acquisitions; Corporate Governance; Management Teams; Business and Shareholder Relations; Pharmaceutical Industry
          Related

            Trang Nguyen

            Trang Nguyen is a student at the Ph.D. Business Administration program jointly offered by Harvard Business School and Harvard Graduate School of Arts and Sciences.

            Trang is interested in research at the intersection of corporate governance... View Details
            • January 2016 (Revised January 2019)
            • Supplement

            The Allergan Board Under Fire (B)

            By: Lynn S. Paine, Suraj Srinivasan, John C. Coates and David Lane
            In 2014, the Allergan Inc. board of directors received a surprise takeover offer from Valeant Pharmaceuticals in alliance with hedge fund activist Bill Ackman's Pershing Square Capital Management. In the unprecedented arrangement between an acquirer and a hedge fund... View Details
            Keywords: Allergan, Inc.; Valeant; Ackman; Pershing Square; Tender Offer; Activist Investors; Business Models; R＆D; Board Of Directors; Securities Litigation; Acquisition Strategy; Takeover Defenses; Hedge Funds; Shareholder Rights; Proxy Contest; Shareholder Special Meetings; Legal Issues In Contested Takeovers; Corporate Governance; Investment Activism; Business and Stakeholder Relations; Business Model; Business and Shareholder Relations; Valuation; Pharmaceutical Industry
            Related
            • 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
            Related
            • Teaching Interest

            Overview

            By: John F. Batter
            As as Senior Lecturer I teach the EC course Law, Management and Entrepreneurship (cross-listed in the General Management and Entrepreneurial Management Units) in both the Fall and Spring semesters. While I have retired from my public and private company litigation... View Details
            Keywords: Fiduciary Duty; Securities; Private Equity; Entrepreneurship; Mergers; Law