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- Article
"Troll" Check? A Proposal for Administrative Review of Patent Litigation
By: Lauren Cohen, John Golden, Umit Gurun and Scott Duke Kominers
The patent system is commonly justified as a way to promote social welfare and, more specifically, technological progress. For years, however, there has been concern that patent litigation is undermining, rather than furthering, these goals. Particularly in the United... View Details
Cohen, Lauren, John Golden, Umit Gurun, and Scott Duke Kominers. "Troll" Check? A Proposal for Administrative Review of Patent Litigation. Boston University Law Review 97, no. 5 (October 2017): 1775–1841.
- Article
The Growing Problem of Patent Trolling
By: Lauren Cohen, Umit Gurun and Scott Duke Kominers
The last decade has seen a sharp rise in patent litigation in the U.S., with 2015 having one of the highest patent lawsuit counts on record. In theory, this could be a consequence of growth in the commercialization of technology and innovation—patent lawsuits increase... View Details
Keywords: Patent Aggregators; Patent Litigation; Patent Pools; Patent Trolls; Patents; Lawsuits and Litigation; United States
Cohen, Lauren, Umit Gurun, and Scott Duke Kominers. "The Growing Problem of Patent Trolling." Science 352, no. 6285 (April 29, 2016): 521–522. (Explanatory Video.)
- 2024
- Working Paper
The Efficiency of Patent Litigation
By: Samuel Antill, Murat Alp Celik, Xu Tian and Toni M. Whited
How efficient is the U.S. patent litigation system? We quantify the extent to which the litigation system shapes innovation using a novel dynamic model, in which heterogeneous firms innovate and face potential patent lawsuits. We show that the impact of a litigation... View Details
Keywords: Innovation and Invention; Lawsuits and Litigation; Growth and Development; Welfare; Patents
Antill, Samuel, Murat Alp Celik, Xu Tian, and Toni M. Whited. "The Efficiency of Patent Litigation." Working Paper, May 2024.
- 2016
- Working Paper
The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market
By: Feng Zhu
Strategy scholars have documented in various empirical settings that firms seek and leverage stronger institutions to mitigate hazards and gain competitive advantage. In this paper, we argue that such “institution-seeking” behavior may not be confined to the pursuit of... View Details
Keywords: Patent Wars; Patent Litigation; Intellectual Property (IP) Enforcement; Institutions; Smartphone; Patent Thicket; Digital Platforms; Patents; Lawsuits and Litigation; Globalized Markets and Industries; Business Strategy; Telecommunications Industry
Paik, Yongwook, and Feng Zhu. "The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market." Harvard Business School Working Paper, No. 14-015, August 2013. (Revised March 2016.)
- November–December 2016
- Article
The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Industry
By: Yongwook Paik and Feng Zhu
Strategy scholars have documented in various empirical settings that firms seek and leverage stronger institutions to mitigate hazards and gain competitive advantage. In this paper, we argue that such “institution-seeking” behavior may not be confined to the pursuit of... View Details
Keywords: Patent Wars; Patent Litigation; Intellectual Property (IP) Enforcement; Institutions; Patent Thicket; Smartphone; Patents; Corporate Strategy; Mobile Technology
Paik, Yongwook, and Feng Zhu. "The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Industry." Organization Science 27, no. 6 (November–December 2016): 1397–1416.
- 2007
- Article
Business Methods Patents as Real Options: Value and Disclosure as Drivers of Litigation
By: Atul Nerkar, Srikanth Paruchuri and Mukti Khaire
This paper proposes that patents are real options that allow holders of patents the right but not the obligation to sue others. We suggest that the likelihood of a patent's being litigated is positively associated with the value of the patent and the extent of... View Details
Nerkar, Atul, Srikanth Paruchuri, and Mukti Khaire. "Business Methods Patents as Real Options: Value and Disclosure as Drivers of Litigation." Real Options in Strategic Management. Advances in Strategic Management 24 (2007): 247–274.
- 2017
- Working Paper
Patent Trolls and Small Business Employment
By: Ian Appel, Joan Farre-Mensa and Elena Simintzi
We analyze how frivolous patent-infringement claims made by “patent trolls” affect small firms’ ability to create jobs, raise capital, and survive. Our identification strategy exploits the staggered passage of anti-patent-troll laws at the state level. We find that the... View Details
Appel, Ian, Joan Farre-Mensa, and Elena Simintzi. "Patent Trolls and Small Business Employment." Harvard Business School Working Paper, No. 17-072, February 2017.
- 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.)
- 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.)
- 2017
- Chapter
Empirical Evidence on the Behavior and Impact of Patent Trolls: A Survey
By: Lauren Cohen, Umit Gurun and Scott Duke Kominers
We survey the empirical literature on non-practicing entity (NPE) litigation behavior and its consequences. We document both aggregate trends and cross-sectional differences amongst various types of NPEs. Survey evidence illustrates a number of ways in which NPEs can... View Details
Keywords: Patent Trolls; NPEs; PAEs; Innovation; Patents; Lawsuits and Litigation; Innovation and Invention
Cohen, Lauren, Umit Gurun, and Scott Duke Kominers. "Empirical Evidence on the Behavior and Impact of Patent Trolls: A Survey." In Patent Assertion Entities and Competition Policy, edited by D. Daniel Sokol. Cambridge University Press, 2017.
- 05 Nov 2008
- Working Paper Summaries
The Litigation of Financial Innovations
Keywords: by Josh Lerner
- November 2010
- Article
The Litigation of Financial Innovations
By: Josh Lerner
This paper examines the litigation of patents relating to financial products and services. I show that these grants are being litigated at a rate 27 to 39 times greater than that of patents as a whole. The patents being litigated are disproportionately those issued to... View Details
Lerner, Josh. "The Litigation of Financial Innovations." Journal of Law & Economics 53, no. 4 (November 2010): 807–831.
- Research Summary
Entry deterrence via strategic litigation
This paper analyzes the use of litigation by incumbents to deter entry by new firms. Specifically, I look at a context where incumbent firms own patents that confer a limited monopoly period in the market. In the US pharmaceutical industry, regulation provides for... View Details
- 2015
- Working Paper
Financial Patent Quality: Finance Patents After State Street
By: Josh Lerner, Andrew Speen, Mark Baker and Ann Leamon
In the past two decades, patents of inventions related to financial services ("finance patents"), as well as litigation around these patents, have surged. One of the repeated concerns voiced by academics and practitioners alike has been about the quality of these... View Details
Lerner, Josh, Andrew Speen, Mark Baker, and Ann Leamon. "Financial Patent Quality: Finance Patents After State Street." Harvard Business School Working Paper, No. 16-068, December 2015.
- June 2015
- Article
Standard-Essential Patents
By: Josh Lerner and Jean Tirole
A major policy issue in standard setting is that patents that are ex-ante not that important may, by being included into the standard, become standard-essential patents (SEPs). In an attempt to curb the monopoly power that they create, most standard-setting... View Details
Lerner, Josh, and Jean Tirole. "Standard-Essential Patents." Journal of Political Economy 123, no. 3 (June 2015): 547–586.
- 29 Aug 2014
- Working Paper Summaries
Patent Trolls
- June 2015 (Revised January 2017)
- Case
Epistar and the Global LED Market
By: Willy C. Shih, Chen-Fu Chien and Hung-Kai Wang
It took BJ Lee many years to learn how to navigate the patent minefield that was the global LED industry. When his company was first spun off from the Industrial Technology Research Institute in Taiwan, he thought the essence of a good IP strategy was to develop a... View Details
Keywords: Intellectual Property Management; Patenting; Patent Litigation; Intellectual Property; Patents; Electronics Industry; Semiconductor Industry; Asia; United States; Japan; Taiwan
Shih, Willy C., Chen-Fu Chien, and Hung-Kai Wang. "Epistar and the Global LED Market." Harvard Business School Case 615-053, June 2015. (Revised January 2017.)
- 25 Nov 2013
- Working Paper Summaries
Standard-Essential Patents
- January 2019 (Revised May 2019)
- Case
When Trolls Attack: Carbonite vs. Oasis Research
By: Lauren H. Cohen, Umit G. Gurun, Scott Duke Kominers and Sarah Mehta
This case, set in October 2017, follows Danielle Sheer, general counsel for Carbonite, as she defends the company against claims of patent infringement. It provides a broad overview of the U.S. patent system and explores the impact that non-practicing entities... View Details
Keywords: Patent Infringement Litigation; Non-practicing Entities; Patent Trolls; Innovation and Invention; Intellectual Property; Patents; Laws and Statutes; Lawsuits and Litigation; Legal Liability; Computer Industry; Technology Industry; Boston
Cohen, Lauren H., Umit G. Gurun, Scott Duke Kominers, and Sarah Mehta. "When Trolls Attack: Carbonite vs. Oasis Research." Harvard Business School Case 219-001, January 2019. (Revised May 2019.)
- 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.)