Intellectual Property Protection - Publications - Faculty & Research - Harvard Business School

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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 2012 (Revised December 2012)
Case

Foro Energy (A)

By: Joseph B. Lassiter III, William A. Sahlman and James McQuade

Foro Energy developed proprietary and patent-pending fiber-laser technologies that could disrupt existing processes and services for the exploration and production of oil and natural gas. These breakthrough laser technologies were protected by a strong intellectual... View Details

Keywords: Disruptive Innovation; Growth and Development Strategy; Entrepreneurship; United States

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

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July 2018
Article

Global Collaborative Patents

By: Sari Pekkala Kerr and William R. Kerr

We study the prevalence and traits of global collaborative patents for U.S. public companies, where the inventor team is located both within and outside of the United States. Collaborative patents are frequently observed when a corporation is entering into a new... View Details

Keywords: Innovation; Ethnic Networks; Migration; Technology Transfer; Mobility; Information Technology; Globalized Firms and Management; Diasporas; Patents; Ethnicity; Entrepreneurship; Research and Development; Foreign Direct Investment; Innovation and Invention; Globalization; United States

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

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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

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

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

August 2008 (Revised May 2009)
Background Note

Note on Trade Secrets and Covenants not to Compete: Comparison of Law in the United States and the European Union

By: Robert C. Pozen and Megan Barbero

This note details the use and treatment of Covenants not to Compete in the United States, United Kingdom and France to compete or trade secrets versus patents as alternative ways to protect a business' intellectual property. View Details

Keywords: Competition; Law; Strategy; Intellectual Property; France; United Kingdom; United States

25 Mar 2010
Working Paper Summaries

Local R&D Strategies and Multi-location Firms: The Role of Internal Linkages

Keywords: by Juan Alcacer & Minyuan Zhao; Technology

2017
Working Paper

The Need for Speed: Effects of Uncertainty Reduction in Patenting

By: Mike Horia Teodorescu

Patents are essential in commerce to establish property rights for ideas and to give equal protection to firms that develop new technologies. Young firms especially depend on the protection of intellectual property to bring a product from concept to market. However,... View Details

Keywords: Startups; Natural Language Processing; Machine Learning; Patents; Business Startups; Risk and Uncertainty; Outcome or Result; Green Technology Industry

13 Mar 2019
Working Paper Summaries

The Consequences of Invention Secrecy: Evidence from the USPTO Patent Secrecy Program in World War II

Keywords: by Daniel P. Gross

September 2024
Background Note

Copyright and Fair Use

By: David B. Yoffie

The U.S. Copyright Office defines a copyright as “a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression.” Two core principles of copyright are originality and fixation. A work is... View Details

Keywords: AI and Machine Learning; Copyright; Lawsuits and Litigation; United States

June 2004 (Revised April 2005)
Background Note

Chapter 11 Bankruptcy Law in Real Estate

By: Arthur I Segel, Jeff Mandelbaum and Armen Panossian

Begins with a brief overview of the bankruptcy process, discussing key debtor protections and the administration of claims against the estate. Discusses the treatment of bankruptcies filed by property owners. Also summarizes the tenant's bankruptcy protections and... View Details

Keywords: Insolvency and Bankruptcy; Real Estate Industry

June 2013 (Revised January 2014)
Case

S&P Indices and the Indexing Business in 2012

By: Luis Viceira and Alison Berkley Wagonfeld

In June 2012, Standard & Poor's Indices is finalizing a deal with the CME Group, the largest global exchange for futures and options and majority owner of Dow Jones Indexes, to combine their respective indices business into a new joint venture called S&P Dow Jones... View Details

Keywords: Indexing; Business Model; Joint Ventures; Financial Markets; Standards; Financial Services Industry

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

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

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

02 Oct 2007
First Look

First Look: October 2, 2007

options. Download the paper: http://www.hbs.edu/research/pdf/08-020.pdf How to Capture Value from Innovation: Shaping Intellectual Property and Industry Architecture Authors:Gary P. Pisano and David J. Teece... View Details

Keywords: Martha Lagace

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