Publications

22 Jul 2013
Sharpening Your Skills

Sharpening Your Skills: Meeting Management Challenges in India

data, branding, intellectual property protection, and creating a new-product category. India's Ambitious National Identification Program The Unique Identification Authority of India has been charged with... View Details

Keywords: Re: Tarun Khanna & Rohit Deshpande

August 2023 (Revised February 2024)
Case

DexAI

By: Jo Tango and Christina Wallace

During a challenging fundraising environment, the DexAI founders received two term sheets with nearly identical economic terms but very different legal ones. The entrepreneurs had to navigate: representations and warranties (their personal guarantees that the company's... View Details

Keywords: Venture Capital Term Sheet; Term Sheet; Term Sheets; Founders; Legal Aspects Of Business; Seed Financing; Founders' Agreements; Venture Capital; Entrepreneurship; Financing and Loans; Intellectual Property; Entrepreneurial Finance; Contracts; Business Startups; Agreements and Arrangements

March 1990 (Revised October 1994)
Case

IBM-Fujitsu Dispute

By: Joseph L. Badaracco Jr.

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

August 3, 2022
Article

Why NFT Creators Are Going cc0

By: and Scott Duke Kominers Flashrekt

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

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

Keywords: Patents; Globalized Markets and Industries; Service Industry; Japan; United States

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

Keywords: Rights; Patents; Competitive Advantage; Trademarks; Copyright

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

Keywords: Commercialization; Operations; Research and Development

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

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

29 Aug 2014
Working Paper Summaries

Patent Trolls

Keywords: by Lauren Cohen, Umit G. Gurun & Scott Duke Kominers

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

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

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

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

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

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

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

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

July 2004 (Revised September 2005)
Case

Novell: Open Source Software Strategy

Describes Novell's open source software strategy and the business environment in which it has arisen. Introduces open source software and strategies based on open source and offers opportunities to discuss IT strategy, IT management, and organizational change. One key... View Details

Keywords: Organizational Change and Adaptation; Value Creation; Strategy; Open Source Distribution; Information Technology; Applications and Software; Intellectual Property; Information Technology Industry