Publications

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

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

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

Keywords: Innovation and Invention; Intellectual Property; Rights; Sales; Contracts; Negotiation

March 2011 (Revised March 2014)
Teaching Note

IP Intermediaries & Intellectual Ventures

By: Andrei Hagiu

Teaching Note for 710423 and 711486. View Details

Keywords: Intellectual Property; Business Model; Innovation and Invention; Revenue; Sales

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

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

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

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

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

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

May 2002
Article

150 Years of Patent Protection

By: Josh Lerner

Keywords: Patents

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

SSRN

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

Educators

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

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

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