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    • All HBS Web  (34)
      • Faculty Publications  (10)

      Patent TrollsRemove Patent Trolls →

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      • 2023
      • Other Article

      The Harvard USPTO Patent Dataset: A Large-Scale, Well-Structured, and Multi-Purpose Corpus of Patent Applications

      By: Mirac Suzgun, Luke Melas-Kyriazi, Suproteem K. Sarkar, Scott Duke Kominers and Stuart Shieber
      Innovation is a major driver of economic and social development, and information about many kinds of innovation is embedded in semi-structured data from patents and patent applications. Though the impact and novelty of innovations expressed in patent data are difficult... View Details
      Keywords: USPTO; Natural Language Processing; Classification; Summarization; Patent Novelty; Patent Trolls; Patent Enforceability; Patents; Innovation and Invention; Intellectual Property; AI and Machine Learning; Analytics and Data Science
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      Suzgun, Mirac, Luke Melas-Kyriazi, Suproteem K. Sarkar, Scott Duke Kominers, and Stuart Shieber. "The Harvard USPTO Patent Dataset: A Large-Scale, Well-Structured, and Multi-Purpose Corpus of Patent Applications." Conference on Neural Information Processing Systems (NeurIPS), Datasets and Benchmarks Track 36 (2023).
      • 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
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      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.)
      • 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
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      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.)
      • February 2018
      • Background Note

      Patent Trolling

      By: Lauren H. Cohen, Umit G. Gurun, Scott Duke Kominers and George Hou
      The U.S. Intellectual Property (IP) Ecosystem is one of the most robust and dynamic in the world—and has been for centuries. The bedrock of this system is the "patent," a legal document that allows its holder exclusive commercialization rights of a part of the "idea... View Details
      Keywords: Intellectual Property; Patents; Lawsuits and Litigation; United States
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      Cohen, Lauren H., Umit G. Gurun, Scott Duke Kominers, and George Hou. "Patent Trolling." Harvard Business School Background Note 218-085, February 2018.
      • 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
      Keywords: Patent Trolls; Patents; Lawsuits and Litigation
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      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

      Patent Trolling Isn't Dead—It's Just Moving to Delaware

      By: Lauren Cohen, Umit G. Gurun and Scott Duke Kominers
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      Cohen, Lauren, Umit G. Gurun, and Scott Duke Kominers. "Patent Trolling Isn't Dead—It's Just Moving to Delaware." Harvard Business Review (website) (June 28, 2017).
      • 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
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      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.
      • 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
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      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.)
      • Article

      Congress Must Look Forward in Reining in Patent Trolls

      By: Lauren Cohen, Umit G. Gurun and Scott Duke Kominers
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      Cohen, Lauren, Umit G. Gurun, and Scott Duke Kominers. "Congress Must Look Forward in Reining in Patent Trolls." Massachusetts Lawyers Weekly (May 28, 2015).
      • 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
      Citation
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      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.)
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