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- Faculty Publications (558)
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- All HBS Web (1,036)
- Faculty Publications (558)
- 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
Paik, Yongwook, and Feng Zhu. "The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Industry." Organization Science 27, no. 6 (November–December 2016): 1397–1416.
- Winter 2013
- Article
The New Patent Intermediaries: Platforms, Defensive Aggregators and Super-Aggregators
By: Andrei Hagiu and David B. Yoffie
The patent market consists mainly of privately negotiated, bilateral transactions, either sales or cross-licenses, between large companies. There is no eBay, Amazon, New York Stock Exchange, or Kelley's Blue Book equivalent for patents, and when buyers and sellers do... View Details
Keywords: Intellectual Property; Platforms; Intermediaries; Aggregator; Patents; Digital Platforms; Marketplace Matching; Distribution Channels
Hagiu, Andrei, and David B. Yoffie. "The New Patent Intermediaries: Platforms, Defensive Aggregators and Super-Aggregators." Journal of Economic Perspectives 27, no. 1 (Winter 2013): 45–66.
- July 2018 (Revised August 2018)
- Case
Rocky Mountain Condiments: Close Encounters with the Legal System for the First Time
By: Lena G. Goldberg
The founder of a Colorado start-up focused on developing a line of condiments confronts a host of legal issues that threaten the viability of her young enterprise. She is suing a co-packer for, among other things, breach of contract, theft of recipes and trade secrets,... View Details
Keywords: Law And Regulation; Start-ups; Founders' Agreements; Cross-Border Jurisdiction; Torts; Consumer Protection; Non-disclosure Agreements; Intellectual Property Protection; Fraud; Legal Remedies; Law; Lawsuits and Litigation; Laws and Statutes; Business Startups; Contracts; Intellectual Property; Food and Beverage Industry
Goldberg, Lena G. "Rocky Mountain Condiments: Close Encounters with the Legal System for the First Time." Harvard Business School Case 319-029, July 2018. (Revised August 2018.)
- March 2011 (Revised March 2014)
- Teaching Note
IP Intermediaries & Intellectual Ventures
By: Andrei Hagiu
Teaching Note for 710423 and 711486. View Details
- March 1994
- Article
Expropriation and Inventions: Appropriable Rents in the Absence of Property Rights
By: J. Anton and Dennis Yao
We analyze the problem faced by a financially weak independent inventor when selling a valuable, but easily imitated, invention for which no property rights exist. The inventor can protect his or her intellectual property by negotiating a contingent contract (with a... View Details
Anton, J., and Dennis Yao. "Expropriation and Inventions: Appropriable Rents in the Absence of Property Rights." American Economic Review 84, no. 1 (March 1994): 190–209. (reprinted in Z. Acs, ed., The Knowledge Spillover Theory of Entrepreneurship, Elgar, 2010). Harvard users click here for full text.)
- 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.)
- 2024
- Article
Beyond the 510(k): The Regulation of Novel Moderate-Risk Medical Devices, Intellectual Property Considerations, and Innovation Incentives in the FDA’s De Novo Pathway
By: Mateo Aboy, Cristina Crespo and Ariel Stern
Moderate-risk medical devices constitute 99% of those that have been regulated by the U.S. Food and Drug Administration (FDA) since it gained authority to regulate medical technology nearly five decades ago. This article presents an analysis of the interaction between... View Details
Keywords: Governing Rules, Regulations, and Reforms; Health Care and Treatment; Technology Adoption; Technological Innovation; Safety; Medical Devices and Supplies Industry; United States
Aboy, Mateo, Cristina Crespo, and Ariel Stern. "Beyond the 510(k): The Regulation of Novel Moderate-Risk Medical Devices, Intellectual Property Considerations, and Innovation Incentives in the FDA’s De Novo Pathway." Art. 29. npj Digital Medicine 7 (2024).
- 04 Oct 2004
- What Do You Think?
Does Speed Trump Intellectual Property?
placing too much emphasis on patent protection? Are government regulations protecting intellectual property applied far too broadly these days? Should they be limited to... View Details
Keywords: by James Heskett
- 10 Apr 2019
- Working Paper Summaries
Trade Secrets Protection and Antitakeover Provisions
Keywords: by Aiyesha Dey and Joshua White
- 2016
- Working Paper
The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market
By: 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; Smartphone; Patent Thicket; Digital Platforms; Patents; Lawsuits and Litigation; Globalized Markets and Industries; Business Strategy; Telecommunications Industry
Paik, Yongwook, and Feng Zhu. "The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market." Harvard Business School Working Paper, No. 14-015, August 2013. (Revised March 2016.)
- May 2002
- Article
150 Years of Patent Protection
By: Josh Lerner
Keywords: Patents
Lerner, Josh. "150 Years of Patent Protection." American Economic Review: Papers and Proceedings 92, no. 2 (May 2002): 221–225. (American Economic Review Papers and Proceedings, 92 (May 2002) 221-225. Reprinted in John Cantwell, editor, The Economics of Patents. Cheltenham, United Kingdom: Edward Elgar, 2005. Reprinted in Robert P. Merges, editor, Economics of Intellectual Property Law. Cheltenham, United Kingdom: Edward Elgar, 2007. Reprinted in Carlos M. Correa, editor, Intellectual Property and Economic Development. Cheltenham, United Kingdom: Edward Elgar, 2018. Earlier versions distributed as Harvard Business School Working Paper.)
- 2019
- Chapter
A Claim to Own Productive Property
By: Nien-hê Hsieh
BOOK ABSTRACT: The status of economic liberties remains a serious lacuna in the theory and practice of human rights. Should a minimally just society protect the freedoms to sell, save, profit, and invest? Is being prohibited to run a business a human rights violation?... View Details
Hsieh, Nien-hê. "A Claim to Own Productive Property." Chap. 10 in Economic Liberties and Human Rights. 1st ed., edited by Jahel Queralt and Bas van der Vossen, 200–218. Political Philosophy for the Real World. New York: Routledge, 2019.
- Research Summary
The new property: computational property, intellectual property, and cyberspace
The objective of this project is to design ownership regimes for property located in cyberspace, such as websites, links for e-travel, applets that run on distant processors, and other related computational species. The driving assumption of the project is that the... View Details
- Research Summary
AIDS in Africa: Life, Death and Property Rights
By: Debora L. Spar
In the final years of the twentieth century, the world was hit by a plague of epidemic proportions--the plague of AIDS, a life-threatening disease that remained stubbornly immune to any cure or vaccine. In the developed nations of the West, AIDS was slowly brought... View Details
- Article
Czech Mate: Expropriation and Investor Protection in a Converging World
By: Mihir A. Desai and Alberto Moel
This paper examines the expropriation of a foreign investor by a local partner and the subsequent resolution of that case through international arbitration in favor of the investor. Despite the investor's 99% interest in joint venture, the local partner managed to... View Details
Keywords: Joint Ventures; Capital Markets; Foreign Direct Investment; Geographic Location; Multinational Firms and Management; Governance Controls; Courts and Trials; Rights; Czech Republic; United States
Desai, Mihir A., and Alberto Moel. "Czech Mate: Expropriation and Investor Protection in a Converging World." Review of Finance 12, no. 1 (2008): 221–251. (This paper is a revised version of ECGI Working Paper No. 62/2004.)
- 24 Apr 2014
- News
Protecting conservation land while turning a profit
lands with important conservation attributes, usually in partnership with regional and national land trusts and conservation organizations. Through the conservation transactions we structure, the public gets the assurance that the View Details
- June 2002 (Revised November 2005)
- Case
Life, Death, and Property Rights: The Pharmaceutical Industry Faces AIDS in Africa
By: Debora L. Spar
In the final years of the 20th century, the world was hit by a plague of epidemic proportions--AIDS, a life-threatening disease that remained stubbornly immune to any cure or vaccine. In the developed nations of the West, AIDS was slowly brought under control through a... View Details
Keywords: Patents; Health Pandemics; Corporate Social Responsibility and Impact; Pharmaceutical Industry; Africa
Spar, Debora L., and Nick Bartlett. "Life, Death, and Property Rights: The Pharmaceutical Industry Faces AIDS in Africa." Harvard Business School Case 702-049, June 2002. (Revised November 2005.)
- 16 Dec 2011
- Research & Ideas
Reintroducing Intellectual Ambition to the Study of Business History
countries—including, for instance, the defense of intellectual property rights in some countries and the neglect of counterfeiting and piracy in others—is opening up new debates and controversies on this... View Details
Keywords: by Geoffrey Jones & Walter Friedman
- 2015
- Working Paper
Lost in the Clouds: The Impact of Changing Property Rights on Investment in Cloud Computing Ventures
By: Josh Lerner and Greg Rafert
Our analysis seeks to understand the impact of changing allocations of property rights on investment in new firms. We focus on the Cartoon Network, et al. v. Cablevision decision in the U.S., which narrowed the protection enjoyed by content creators (e.g., movie... View Details
Keywords: Technological Innovation; Venture Capital; Internet and the Web; Entrepreneurship; Investment; Copyright
Lerner, Josh, and Greg Rafert. "Lost in the Clouds: The Impact of Changing Property Rights on Investment in Cloud Computing Ventures." Harvard Business School Working Paper, No. 15-082, April 2015.
- 28 May 2015
- Working Paper Summaries