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- All HBS Web (873)
- Faculty Publications (542)
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- March 1990 (Revised October 1994)
- Case
IBM-Fujitsu Dispute
Describes a dispute between IBM and Fujitsu over allegations that Fujitsu stole proprietary IBM software for controlling mainframe computers. Also describes a novel arbitration agreement intended to resolve the dispute, an overview of intellectual property law in the... View Details
Keywords: Trade; Ethics; Intellectual Property; Law; Negotiation Process; Relationships; Software; Information Technology Industry
Badaracco, Joseph L., Jr. "IBM-Fujitsu Dispute." Harvard Business School Case 390-168, March 1990. (Revised October 1994.)
- April 2006
- Background Note
Legal Aspects of Management: Increasing and Capturing the Value of Knowledge Assets
Describes the third module of the Harvard Business School MBA second-year elective course Legal Aspects of Management. This module deals with the way in which intellectual property rights--as protected by patents, copyrights, trademarks, and trade secrets--enable firms... View Details
Bagley, Constance E. "Legal Aspects of Management: Increasing and Capturing the Value of Knowledge Assets." Harvard Business School Background Note 806-137, April 2006.
- August 3, 2022
- Article
Why NFT Creators Are Going cc0
Strategies for building brands, communities, and content through intellectual property (IP) vary greatly across NFT projects. Some maintain more or less standard IP protections; others give just NFT owners rights to innovate upon the associated intellectual property;... View Details
Keywords: Non-fungible Tokens; NFTs; Video Games; Merchandising; Creative Commons; Intellectual Property
Flashrekt, and Scott Duke Kominers. "Why NFT Creators Are Going cc0." a16zcrypto.com (August 3, 2022).
- July 2000
- Case
Patent & License Exchange, The: Enabling a Global IP Marketplace
The Patent & License Exchange (pl-x) is a start-up company seeking to create a market for intellectual property over the Web. The company has targeted the United States as its initial market and has developed its services and processes for the United States. Now it is... View Details
Chesbrough, Henry W., and Edward T Smith. "Patent & License Exchange, The: Enabling a Global IP Marketplace." Harvard Business School Case 601-019, July 2000.
- January 2010 (Revised August 2011)
- Case
Ganeden Biotech, Inc.
By: Robert C. Pozen, Dale Alan Winger and Matthew Kenneth Ahlers
The CEO of Ganeden Biotech, a small firm with several viable probiotic products but limited resources, must decide what markets to invest in and what intellectual property strategies will best serve its immediate and longer-term business interests. View Details
Keywords: Entrepreneurship; Investment; Intellectual Property; Market Entry and Exit; Business Strategy; Biotechnology Industry
Pozen, Robert C., Dale Alan Winger, and Matthew Kenneth Ahlers. "Ganeden Biotech, Inc." Harvard Business School Case 310-073, January 2010. (Revised August 2011.)
- October 1999
- Case
Intel Labs (B): A New Business Model for Commercializing Research in Photolithography
Intel deployed a creative business model to commercialize its EUV technology in photolithography. This model assigned intellectual property and machine priority in an industry consortium. View Details
Chesbrough, Henry W. "Intel Labs (B): A New Business Model for Commercializing Research in Photolithography." Harvard Business School Case 600-033, October 1999.
- January 2005 (Revised March 2006)
- Case
Molecular Insight Pharmaceuticals, Inc.
By: Richard G. Hamermesh and Edwin W. Parkinson III
Molecular Insight has developed a novel biopharmaceutical to detect heart attacks. The company's unique approach to intellectual property protection uses the Hatch Waxman Act and the Orphan Drug Act. The company is struggling to raise $7 million in Series B financing.... View Details
Keywords: Intellectual Property; Health Care and Treatment; Pharmaceutical Industry; Health Industry
Hamermesh, Richard G., and Edwin W. Parkinson III. "Molecular Insight Pharmaceuticals, Inc." Harvard Business School Case 805-067, January 2005. (Revised March 2006.)
- Article
Finding Lost Profits: An Equilibrium Analysis of Patent Infringement Damages
By: James J. Anton and Dennis A. Yao
We discuss how a seller can appropriate rents when selling knowledge that lacks legal property rights by solving either an expropriation or a valuation problem and then analyze how seller rents increase when a portion of the intellectual property (IP) can be protected.... View Details
Keywords: Profit; Patents; Management Analysis, Tools, and Techniques; Knowledge; Rights; Strategy; Valuation; Problems and Challenges
Anton, James J., and Dennis A. Yao. "Finding Lost Profits: An Equilibrium Analysis of Patent Infringement Damages." Journal of Law, Economics & Organization 23, no. 1 (April 2007): 186–207. (Harvard users click here for full text.)
- April–May 2005
- Article
Markets for Partially-Contractible Knowledge: Bootstrapping Versus Bundling
By: James J Anton and Dennis A. Yao
We discuss how a seller can appropriate rents when selling knowledge that lacks legal property rights by solving either an expropriation or a valuation problem and then analyze how seller rents increase when a portion of the intellectual property (IP) can be protected.... View Details
Keywords: Knowledge; Markets; Rights; Valuation; Problems and Challenges; Management Analysis, Tools, and Techniques; Intellectual Property; Strategy
Anton, James J., and Dennis A. Yao. "Markets for Partially-Contractible Knowledge: Bootstrapping Versus Bundling." Journal of the European Economic Association 3, nos. 2-3 (April–May 2005): 745–754. (Harvard users click here for full text.)
- 29 Aug 2014
- Working Paper Summaries
Patent Trolls
- December 2010 (Revised April 2012)
- Background Note
Stalemate at the WTO: TRIPS, Agricultural Subsidies, and the Doha Round
By: Arthur A. Daemmrich
This note analyzes disputes over intellectual property enforcement and agricultural trade barriers at the center of the Doha Round of World Trade Organization (WTO) negotiations. Fundamental principles of intellectual property rights and agricultural subsidies are... View Details
Keywords: Agribusiness; Trade; Globalization; Governance; International Relations; Intellectual Property; Agreements and Arrangements; Agriculture and Agribusiness Industry; Pharmaceutical Industry
Daemmrich, Arthur A. "Stalemate at the WTO: TRIPS, Agricultural Subsidies, and the Doha Round." Harvard Business School Background Note 711-043, December 2010. (Revised April 2012.)
- July 2009 (Revised August 2010)
- Case
Radiant Cosmetics: What's in a Pout?
By: Robert C. Pozen and Mary Ellen Webster Hammond
In 2006, Radiant Cosmetics president and CEO, Margaret Clark, was contemplating the launch of a new, lip-plumping product called "Four Carat Pout." Clark faced many decisions concerning the launch: marketing the product as a luxury brand or a retail item; how to... View Details
Keywords: Global Strategy; Globalized Markets and Industries; Intellectual Property; Marketing Strategy; Product Marketing; Product Launch; Product Positioning; Beauty and Cosmetics Industry
Pozen, Robert C., and Mary Ellen Webster Hammond. "Radiant Cosmetics: What's in a Pout?" Harvard Business School Case 310-003, July 2009. (Revised August 2010.)
- September 2007 (Revised May 2011)
- Case
Commercializing an MRI Breakthrough
The challenges and best strategies for the commercialization of university technologies are illustrated in this case which documents an MRI breakthrough that arose from the Charles Marcus laboratory at Harvard. Students discuss the interdependencies of intellectual... View Details
Keywords: Business Model; Decision Choices and Conditions; Higher Education; Patents; Research and Development; Science-Based Business; Commercialization
Fleming, Lee. "Commercializing an MRI Breakthrough." Harvard Business School Case 608-064, September 2007. (Revised May 2011.)
- 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
Cohen, Lauren, Umit G. Gurun, and Scott Duke Kominers. "Patent Trolls: Evidence from Targeted Firms." Harvard Business School Working Paper, No. 15-002, July 2014. (Revised June 2018.)
- 26 Mar 2019
- Working Paper Summaries
Managed Ecosystems and Translucent Institutional Logics: Engaging Communities
- January 2008 (Revised August 2008)
- Case
AT&T v. Microsoft (A): IP Litigation Strategy
By: Willy Shih
This case examines a hard fought litigation over a patent that originated at Bell Labs. It illustrates the challenges that technology companies face today innovating in a complex intellectual property environment in fields where there is a high amount of... View Details
Keywords: Technological Innovation; Patents; Lawsuits and Litigation; Conflict and Resolution; Strategy; Technology Industry
Shih, Willy. "AT&T v. Microsoft (A): IP Litigation Strategy." Harvard Business School Case 608-080, January 2008. (Revised August 2008.)
- 26 Jun 2007
- Working Paper Summaries
Contracting in the Self-reporting Economy
- March 2001 (Revised March 2016)
- Case
Charlene Barshefsky (A)
By: James K. Sebenius and Rebecca Hulse
Describes the challenges former U.S. Trade Representative Charlene Barshefsky faced while negotiating a trade agreement with China to improve its domestic intellectual property rights enforcement. After briefly describing Barshefsky's past experience with trade... View Details
Keywords: Trade; International Relations; Copyright; Negotiation Style; Negotiation Tactics; Alliances; Business and Government Relations; China; United States
Sebenius, James K., and Rebecca Hulse. "Charlene Barshefsky (A)." Harvard Business School Case 801-421, March 2001. (Revised March 2016.)
- September 2011
- Article
What Drives Innovation?
By: Tom Nicholas
The idea that innovation drives economic growth is incontrovertible, but the factors that, in turn, drive innovation are not fully understood. This paper surveys the recent literature, focusing on three main drivers: intellectual property rights institutions, the... View Details
Nicholas, Tom. "What Drives Innovation?" Antitrust Law Journal 77, no. 3 (September 2011).
- August 2001 (Revised April 2005)
- Case
Surface Logix
By: Joseph B. Lassiter III, Michael J. Roberts and Kim Slack
Describes a start-up in the field of nano technology--very small physical structures measured in the billionths of a meter. The company, Surface Logix, has assembled a portfolio of intellectual property and completed some of the R&D work required to develop actual... View Details
Keywords: Business Startups; Research and Development; Marketing Strategy; Product Marketing; Product Development; Intellectual Property; Investment Portfolio
Lassiter, Joseph B., III, Michael J. Roberts, and Kim Slack. "Surface Logix." Harvard Business School Case 802-050, August 2001. (Revised April 2005.)