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- Faculty Publications (288)
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- All HBS Web (438)
- Faculty Publications (288)
- February 2002
- Background Note
States vs. Microsoft, The
By: Michael A. Wheeler and Gillian Morris
Although the federal Justice Department managed to settle its massive antitrust litigation against Microsoft in 2001, the state suit against the company continued. State attorney generals, perhaps emboldened by their recent victory over the Big Five tobacco companies,... View Details
Keywords: Service Operations; Public Ownership; Private Ownership; Negotiation Deal; Goals and Objectives; Lawsuits and Litigation; Decision Making; Information Industry; Legal Services Industry
Wheeler, Michael A., and Gillian Morris. "States vs. Microsoft, The." Harvard Business School Background Note 902-177, February 2002.
Joshua Lev Krieger
Josh Krieger is an Associate Professor of Business Administration in the Entrepreneurial Management Unit. Josh’s research focuses on R&D strategy and the economics of innovation. His work examines project selection, R&D competition, and... 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
Paine, Lynn S., Suraj Srinivasan, John C. Coates, and David Lane. "The Allergan Board Under Fire (B)." Harvard Business School Supplement 316-029, January 2016. (Revised January 2019.)
- December 2019
- Article
Patent Trolls: Evidence from Targeted Firms
By: Lauren Cohen, Umit Gurun and Scott Duke Kominers
We provide the first large-sample evidence on the behavior and impact of nonpracticing 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; Innovation; Patents; Lawsuits and Litigation; Ethics; Innovation and Invention
Cohen, Lauren, Umit Gurun, and Scott Duke Kominers. "Patent Trolls: Evidence from Targeted Firms." Management Science 65, no. 12 (December 2019): 5461–5486. (Cited in the United States Federal Trade Commission Report on Patent Assertion Entities, 2016.)
- September 2009 (Revised August 2011)
- Case
Scooter Lindley: The Formation Call
By: Lena G. Goldberg
Factors affecting decision making about appropriate types of business entities are explored in the context of advising a prospective investor with particular emphasis on why LLCs are increasingly "go-to" entities. The potential effect of choice of organization on... View Details
Keywords: Business Organization; Decision Choices and Conditions; Entrepreneurship; Investment; Lawsuits and Litigation; Delaware
Goldberg, Lena G. "Scooter Lindley: The Formation Call." Harvard Business School Case 310-036, September 2009. (Revised August 2011.)
- April 2006 (Revised March 2007)
- Case
Southern States Communications
By: Constance E. Bagley and Michael B. Keating
Managers receiving letters claiming that their products or services violate the intellectual property rights of another sometimes have a tendency to ignore them after their technical staff advises them that the claims have no merit. Illustrates the perils of that... View Details
Bagley, Constance E., and Michael B. Keating. "Southern States Communications." Harvard Business School Case 806-170, April 2006. (Revised March 2007.)
- 21 Oct 2010
- News
The great patent battle
- fall 2008
- Article
Typosquatting: Unintended Adventures in Browsing
By: Benjamin Edelman
"Typosquatting" is the practice of registering domain names, identical to or confusingly similar to trademarks and famous names, in hopes that users will accidentally request these sites—whereupon they will receive, typically, advertisements. This piece presents the... View Details
Edelman, Benjamin. "Typosquatting: Unintended Adventures in Browsing." Cybercrime Gets Personal McAfee Security Journal (fall 2008): 34–37.
- 12 Mar 2015
- Working Paper Summaries
What Courses Should Law Students Take? Harvard’s Largest Employers Weigh In
- Winter 2001
- Other Article
Competition and Antitrust: A Productivity-Based Approach to Evaluating Mergers and Joint Ventures
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
Porter, Michael E. "Competition and Antitrust: A Productivity-Based Approach to Evaluating Mergers and Joint Ventures." Antitrust Bulletin 46, no. 4 (Winter 2001): 919–958. (Revised May 30, 2002.)
- June 2001
- Supplement
GE's Early Dispute Resolution Initiative (B)
By: Michael A. Wheeler and Gillian Morris
Early Dispute Resolution (EDR) has proved successful at GE. Yet, when Michael McIlwrath, new counsel at an Italian subsidiary, attempted to translate it to his company, problems arose. He had to gain internal acceptance, and explain the concept of early mediation to a... View Details
Keywords: Business Subsidiaries; Globalization; Lawsuits and Litigation; Organizational Culture; Performance Effectiveness; Problems and Challenges; Conflict of Interests; Complexity; Italy; New York (state, US)
Wheeler, Michael A., and Gillian Morris. "GE's Early Dispute Resolution Initiative (B)." Harvard Business School Supplement 801-453, June 2001.
Patent Trolls
We develop a theoretical model of, and provide the first large-sample evidence on, the behavior and impact of non-practicing entities (NPEs) in the intellectual property space. Our model shows that NPE litigation can reduce infringement and support small inventors.... View Details
- September 2010 (Revised July 2013)
- Case
Alnylam Pharmaceuticals: Building Value from the IP Estate
By: Willy C. Shih and Sen Chai
The learning objective of this case is to help students recognize the interplay between intellectual property (IP) rights and corporate strategy. We do this by examining what is a fairly atypical circumstance today in which a single firm is able to secure what it... View Details
Keywords: Patents; Lawsuits and Litigation; Rights; Competitive Strategy; Corporate Strategy; Biotechnology Industry; Pharmaceutical Industry; United States
Shih, Willy C., and Sen Chai. "Alnylam Pharmaceuticals: Building Value from the IP Estate." Harvard Business School Case 611-009, September 2010. (Revised July 2013.)
- April 2006 (Revised August 2007)
- Case
BitTorrent
Involves the copyright issues associated with Bram Cohen's revolutionary software program BitTorrent, which makes it possible to transfer very large files, such as movies, at a high speed over the Internet. The program, which is available for free over the Internet, is... View Details
Keywords: Lawfulness; Lawsuits and Litigation; Applications and Software; Copyright; Internet and the Web
Bagley, Constance E., and Reed Martin. "BitTorrent." Harvard Business School Case 806-169, April 2006. (Revised August 2007.)
- September 2013 (Revised June 2014)
- Supplement
Rana Plaza: Workplace Safety in Bangladesh (B)
By: John A. Quelch and Margaret L. Rodriguez
In the aftermath of the Rana Plaza building collapse, a group of international retailers and labor unions partnered to create a proposal for more stringent inspections and enforcement of safety standards in Bangladesh garment factories. The proposal was met by... View Details
Keywords: Retail Trade; Corporate Social Responsibility; Apparel; Bangladesh; Worker Safety; Government And Business; International Business; Apparel and Accessories Industry; Bangladesh
Quelch, John A., and Margaret L. Rodriguez. "Rana Plaza: Workplace Safety in Bangladesh (B)." Harvard Business School Supplement 514-035, September 2013. (Revised June 2014.)
online privacy
Edelman's recent online privacy investigations uncovered a series of privacy violations including Google Toolbar continuing to track user browsing even after users "disable" the toolbar,
- March 2022 (Revised November 2023)
- Case
Doubling Down: Elon Musk's Big Bets in 2022
By: David Yoffie and Daniel Fisher
2021 was a banner year for Elon Musk. CEO of the electric vehicle manufacturer Tesla, the aerospace manufacturer SpaceX, and a few smaller startups, Musk became the richest person on Earth after Tesla reached a market capitalization of $1 trillion and SpaceX a private... View Details
Keywords: Innovation and Management; Competitive Advantage; Competitive Strategy; Information Infrastructure; Applications and Software; Transportation; Strategic Planning; Leadership Style; Leading Change; Goals and Objectives; Aerospace Industry; Auto Industry; Battery Industry; United States; Europe; China
Yoffie, David, and Daniel Fisher. "Doubling Down: Elon Musk's Big Bets in 2022." Harvard Business School Case 722-439, March 2022. (Revised November 2023.)
- 16 May 2019
- News
To Improve Food Inspections, Change the Way They’re Scheduled
- September–October 2019
- Article
How Purchase Probability Scales Can Shed Light on Consumer Purchase Intentions
By: Rene Befurt and Alvin J. Silk
Market researchers generally, and survey experts specifically, study consumers to learn about their behavior: What are consumers’ opinions, attitudes, thoughts, and actions at the various stages of the buying process? Especially in litigation cases, these and other... View Details
Befurt, Rene, and Alvin J. Silk. "How Purchase Probability Scales Can Shed Light on Consumer Purchase Intentions." Landslide: Advancing Intellectual Property Law 12, no. 1 (September–October 2019): 51–54.