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      • April 2008 (Revised August 2008)
      • Supplement

      AT&T v. Microsoft (B): District Court Ruling and Appeal

      By: Willy C. Shih
      The (B) case follows the course of Microsoft's settlement with AT&T, and its appeal in the issue of foreign replicated software that eventually goes to the U.S. Supreme Court. It is intended for follow-up the discussion of the (A) case with what happened, examining a... View Details
      Keywords: Patents; Lawsuits and Litigation; Conflict and Resolution; Competitive Strategy; Technology Industry
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      Shih, Willy C. "AT&T v. Microsoft (B): District Court Ruling and Appeal." Harvard Business School Supplement 608-081, April 2008. (Revised August 2008.)
      • April 2008 (Revised September 2008)
      • Case

      Shareholder Activists at Friendly Ice Cream (A)

      By: Fabrizio Ferri, V.G. Narayanan and James Weber
      Two activist investors, one a founder and one a hedge-fund manager, seek to improve board oversight at a chain restaurant company. Prestley Blake founded Friendly Ice Cream in 1935 with his brother, and the two created a chain of full-service restaurants. In 1979 they... View Details
      Keywords: Investment Activism; Governing and Advisory Boards; Lawsuits and Litigation; Business or Company Management; Business and Shareholder Relations; Conflict of Interests; Food and Beverage Industry; United States
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      Ferri, Fabrizio, V.G. Narayanan, and James Weber. "Shareholder Activists at Friendly Ice Cream (A)." Harvard Business School Case 108-024, April 2008. (Revised September 2008.)
      • March 2008 (Revised June 2012)
      • Background Note

      ADR Choices

      By: Michael Wheeler, James Sebenius and Marjorie Aaron
      Six different business disputes, all in the shadow of pending litigation, are described. Students are asked to recommend the appropriate method of dispute resolution (mediation, arbitration, mini-trial, etc.) for each one, depending on the circumstances, especially to... View Details
      Keywords: Lawsuits and Litigation; Managerial Roles; Negotiation; Agreements and Arrangements; Conflict Management
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      Wheeler, Michael, James Sebenius, and Marjorie Aaron. "ADR Choices." Harvard Business School Background Note 908-040, March 2008. (Revised June 2012.)
      • March 2008 (Revised April 2009)
      • Case

      Eliot Spitzer: Pushing Wall Street to Reform

      By: Rawi Abdelal, Rafael Di Tella and Jonathan Schlefer
      New York State Attorney General Eliot Spitzer faced a decision about how to stop wrongdoing committed by major Wall Street firms during the Internet boom. The equities analysts of Merrill Lynch and other Wall Street firms were charged with objectively advising retail... View Details
      Keywords: Crime and Corruption; Decisions; Financial Institutions; Stocks; Governing Rules, Regulations, and Reforms; Laws and Statutes; Lawsuits and Litigation; Conflict of Interests; Internet; Financial Services Industry; United States
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      Abdelal, Rawi, Rafael Di Tella, and Jonathan Schlefer. "Eliot Spitzer: Pushing Wall Street to Reform." Harvard Business School Case 708-019, March 2008. (Revised April 2009.)
      • February 2008
      • Article

      Attracting Skeptical Buyers: Negotiating for Intellectual Property Rights

      By: James J. Anton and Dennis A. Yao
      Expropriable disclosures of knowledge to prospective buyers may be necessary to facilitate the sale of intellectual property (IP). In principle, confidentiality agreements can protect disclosures by granting the seller rights to sue for unauthorized use. In practice,... View Details
      Keywords: Corporate Disclosure; Intellectual Property; Knowledge Sharing; Lawsuits and Litigation; Rights; Agreements and Arrangements; Competition
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      Anton, James J., and Dennis A. Yao. "Attracting Skeptical Buyers: Negotiating for Intellectual Property Rights." International Economic Review 49, no. 1 (February 2008): 319–348. (Harvard users click here for full text.)
      • 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
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      Shih, Willy. "AT&T v. Microsoft (A): IP Litigation Strategy." Harvard Business School Case 608-080, January 2008. (Revised August 2008.)
      • January 2008 (Revised April 2008)
      • Teaching Note

      AT&T v. Microsoft: IP Litigation (TN) (A) and (B)

      By: Willy Shih
      Teaching Note for [608080], and [608081]. View Details
      Keywords: Applications and Software; Information Technology; Communications Industry; Information Technology Industry
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      Shih, Willy. "AT&T v. Microsoft: IP Litigation (TN) (A) and (B)." Harvard Business School Teaching Note 608-082, January 2008. (Revised April 2008.)
      • October 2007 (Revised December 2007)
      • Case

      TiVo 2007: DVRs and Beyond

      By: David B. Yoffie and Michael Slind
      Tom Rogers, CEO of TiVo, had placed multiple strategic bets on his company. In September 2007, that strategy was due for a major test. TiVo was a maker of digital video recorder (DVR) products and a distributor of DVR technology. Rogers believed that macro-trends in... View Details
      Keywords: Advertising; Business Model; Television Entertainment; Intellectual Property; Lawsuits and Litigation; Management Analysis, Tools, and Techniques; Distribution; Problems and Challenges; Partners and Partnerships; Research; Internet; Entertainment and Recreation Industry; United States
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      Yoffie, David B., and Michael Slind. "TiVo 2007: DVRs and Beyond." Harvard Business School Case 708-401, October 2007. (Revised December 2007.)
      • September 2007
      • Supplement

      Leadership in Law: Amy Schulman at DLA Piper (Video Supplement)

      By: Boris Groysberg
      What does it take to build a successful career over time? Describes Amy Schulman's career progression and role as a star senior litigator and top executive at one of the world's largest law firms. It focuses on different stages in her career and what she did to be... View Details
      Keywords: Law; Personal Development and Career; Time Management; Work-Life Balance; Governing and Advisory Boards
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      Groysberg, Boris. "Leadership in Law: Amy Schulman at DLA Piper (Video Supplement)." Harvard Business School Video Supplement 408-701, September 2007.
      • May 2007
      • Case

      Free the Grapes--Direct-to-Consumer Shipping in the Wine Industry

      By: Felix Oberholzer-Gee, Dennis A. Yao, Patricia Wu and Libby Cantrill
      While wine tourism in the United States was booming, the majority of consumers who tasted a Cabernet Sauvignon in one of Napa Valley's tasting rooms were not permitted to ship the wine directly to their home. In 2002, direct-to-consumer shipping was either banned or... View Details
      Keywords: Business Conglomerates; Governing Rules, Regulations, and Reforms; Lawsuits and Litigation; Agreements and Arrangements; Business and Government Relations; Corporate Strategy; Food and Beverage Industry; United States
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      Oberholzer-Gee, Felix, Dennis A. Yao, Patricia Wu, and Libby Cantrill. "Free the Grapes--Direct-to-Consumer Shipping in the Wine Industry." Harvard Business School Case 707-472, May 2007.
      • April 2007 (Revised June 2008)
      • Background Note

      USG

      By: Elie Ofek and Kerry Herman
      Serves as a background note for purposes of class discussion around next-generation innovation at USG. Describes the company, its products, and competitors. Of relevance is the fact that it recently filed for Chapter 11 due to litigation over asbestos-related claims.... View Details
      Keywords: Insolvency and Bankruptcy; Innovation and Invention; Lawsuits and Litigation; Competition
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      Ofek, Elie, and Kerry Herman. "USG." Harvard Business School Background Note 507-073, April 2007. (Revised June 2008.)
      • November 2006 (Revised March 2007)
      • Case

      Goodyear and the Threat of Government Tire Grading

      By: Felix Oberholzer-Gee, Dennis A. Yao and Elizabeth Raabe
      In the spring of 1977, Goodyear CEO Charles J. Pilliod Jr. was looking at an internal report on government and legal events relevant to the tire industry. Two items caught his attention. First, he noticed that an industry suit to block the government's proposed system... View Details
      Keywords: Competitive Advantage; Lawsuits and Litigation; Auto Industry; Rubber Industry; United States
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      Oberholzer-Gee, Felix, Dennis A. Yao, and Elizabeth Raabe. "Goodyear and the Threat of Government Tire Grading." Harvard Business School Case 707-494, November 2006. (Revised March 2007.)
      • 2006
      • Other Unpublished Work

      Does Competition Increase Patent Litigation? Empirical Evidence of Strategic Patenting in the Telecom Equipment Industry

      By: Juan Alcacer and Rachelle C. Sampson
      Anecdotal evidence suggests that patent litigation has increased in the last 20 years as firms in knowledge intensive industries use patents more frequently to protect their knowledge stocks and managers focus on extracting new revenue streams from existing patent... View Details
      Keywords: Patents; Competition; Lawsuits and Litigation
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      Alcacer, Juan, and Rachelle C. Sampson. "Does Competition Increase Patent Litigation? Empirical Evidence of Strategic Patenting in the Telecom Equipment Industry." 2006. (Presented at Academy of Management Annual Meeting in Honolulu, HI, August 2005.)
      • August 2006 (Revised September 2008)
      • Case

      Leadership in Law: Amy Schulman at DLA Piper

      By: Boris Groysberg, Victoria Winston and Shirley Spence
      What does it take to build a successful career over time? Describes Amy Schulman's career progression and role as a star senior litigator and top executive at one of the world's largest law firms. It focuses on different stages in her career and what she did to be... View Details
      Keywords: Work-Life Balance; Employee Relationship Management; Groups and Teams; Time Management; Personal Development and Career; Gender
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      Groysberg, Boris, Victoria Winston, and Shirley Spence. "Leadership in Law: Amy Schulman at DLA Piper." Harvard Business School Case 407-033, August 2006. (Revised September 2008.)
      • May 2006 (Revised October 2007)
      • Case

      EU Verdict Against Microsoft

      By: David B. Yoffie and Michael Slind
      In 2004, following an investigation that began in 1998, the European Commission (EC) issued an antitrust judgment against Microsoft Corp., levying a record fine of 497 million euros ($613 million) and mandating changes of commercial behavior and bundling of Windows... View Details
      Keywords: Judgments; Governance Compliance; Lawsuits and Litigation; Monopoly; Business and Government Relations; Competitive Strategy; Software; European Union; United States
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      Yoffie, David B., and Michael Slind. "EU Verdict Against Microsoft." Harvard Business School Case 706-503, May 2006. (Revised October 2007.)
      • January 2006 (Revised May 2007)
      • Supplement

      Endo Pharmaceuticals (E): Judge Stein Rules

      By: Richard G. Hamermesh and Brian DeLacey
      Keywords: Lawsuits and Litigation; Pharmaceutical Industry
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      Hamermesh, Richard G., and Brian DeLacey. "Endo Pharmaceuticals (E): Judge Stein Rules." Harvard Business School Supplement 806-081, January 2006. (Revised May 2007.)
      • January 2006 (Revised May 2007)
      • Supplement

      Endo Pharmaceuticals (F): Appeals Court Ruling

      By: Richard G. Hamermesh and Brian DeLacey
      Keywords: Lawsuits and Litigation; Pharmaceutical Industry
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      Hamermesh, Richard G., and Brian DeLacey. "Endo Pharmaceuticals (F): Appeals Court Ruling." Harvard Business School Supplement 806-082, January 2006. (Revised May 2007.)
      • Article

      Policy Implications of Weak Patent Rights

      By: James J. Anton, Hillary Greene and Dennis Yao
      Patents vary substantially in the degree of protection provided against unauthorized imitation. In this chapter we explore a range of work addressing the economic and policy implications of "weak" patents—patents that have a significant probability of being overturned... View Details
      Keywords: Patents; Motivation and Incentives; Entrepreneurship; Competition; Policy; Innovation and Invention; Rights; Monopoly; Business Startups
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      Anton, James J., Hillary Greene, and Dennis Yao. "Policy Implications of Weak Patent Rights." Innovation Policy and the Economy 6 (2006): 1–26. (Harvard users click here for full text.)
      • November 2005 (Revised July 2009)
      • Case

      Cutter & Buck (A)

      By: William A. Sahlman and Victoria Winston
      Only three short months into her new position as CEO of publicly traded golf apparel manufacturer Cutter & Buck, Fran Conley discovers accounting irregularities that call into question the reliability of this company's financial statements. Working closely with her... View Details
      Keywords: Financial Statements; Crime and Corruption; Corporate Disclosure; Governing and Advisory Boards; Lawsuits and Litigation; Organizational Change and Adaptation; Going Public
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      Sahlman, William A., and Victoria Winston. "Cutter & Buck (A)." Harvard Business School Case 806-028, November 2005. (Revised July 2009.)
      • August 2005 (Revised April 2006)
      • Case

      Rambus Inc., 2005

      By: David B. Yoffie
      Rambus is grappling with the ever-changing dynamics of the DRAM/semiconductor industry. The company is actively defending its patent portfolio through litigation and exploring both partnerships and industry standards for keys to future profitability and growth. How can... View Details
      Keywords: Competition; Partners and Partnerships; Lawsuits and Litigation; Growth and Development Strategy; Semiconductor Industry; United States
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      Yoffie, David B. "Rambus Inc., 2005." Harvard Business School Case 706-416, August 2005. (Revised April 2006.)
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